Hello and welcome to Just Answer, my name is XXXXX XXXXX I am happy to help you with your query today.
When was your employment terminated?
Have you appealed against the dismissal?
Yes but the decision was upheld by tesco, so the car parking company had to abide by Tesco's decision
Ok so the position is that the car parking company has said it had no alternative due to the Tesco's decision that you could not be on site anymore?
Does the car park company run any other carparks local to you? Were you paid notice on your dismissal?
Yes Tesco did not want me on the site.
The car parking company at present does not have any local sites.
Ok thanks were you paid notice?
I put in a claim for unfair dismissal because the car parking companry did not want to pay any notice period and through acas reached a sum i was in agreement with although i do not believe it was the full amount that I was entitled to.
have you signed a formal settlement through ACAS?
Ok, the legal position is as follows, if you were employed by Tesco then it would potentially have been unfair for you to dismissed for gross misconduct for this reason. There are 5 fair reasons for dismissal under UK law which are conduct, capability, redundancy, some other substantial reason and for breach of a statutory enactment (this is where it would be illegal to employ someone).
The car park company that employs you could not continue to employ you if the client (TESCO) said that they no longer wanted you on site. They therefore had 'Some other substantial reason' to dismiss you as they could potentially have lost the contract altogether if they did not terminate your contract. If they had got another site they could have moved you to (which they said that they did not then it would not have been fair for you to be dismissed).
As the dismissal should have been for 'some other substantial reason' not gross misconduct you had a valid claim for notice pay and unfair dismissal (on a procedural basis). Unfortunately if you have already signed a settlement through ACAS the Employment Tribunal will not be prepared to reopen your case again.
I am sorry that this is not the answer you wanted but UK employment law does not always act to favour the employee.
If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
SO I cannot go any further with this then as reguards sueing for false allegations etc.
It would be a very hard claim to prove against Tesco and would cost you tens of thousands of pounds to bring. The risk is that you would not succeed as the Employment Tribunal is the correct recourse not the civll court and you would lose your costs plus Tesco's costs. I would not advise you to try to bring such a claim.
Thanks for your answer
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