I need some help im in SERIOUS shit

[Dave Mckenzie]

Is any1 out there know about employment rights etc?

I got into a fight at the xmas party (was self defence) and ive been sacked for it.

The company aint followed there own policy when doing the investigation and its not fookin fair.

Can some1 please help me structure a appeal letter and help me out with this as i have NEVER been so stressed in all my life and i just want to get my job back ive gota 18 month old child here and i cant afford to loose me house etc.

If any1 can help and its sucessful ill donate £50 to the site!

Thanks

Dave

 

[Magnu420]

maybe a visit to the citezen advice beurau be able to help you
about your rights of unfair dismissal or contact acas

Acas - Home

 

[The Bouncer]

I'd agree with Magnu, you should go visit your local Citizen's Advice and they will give you advice on what you can do.

If there were anybody else there that saw the incident from the beginning then ask them if they will help you get your job back and ask them if they will let you give ACAS their details incase they need to be contacted

 

[Dave Mckenzie]

Cant goto the citizens advice as its closed untill 4th Jan, ive been to see a solicitor today and they have told me they wont do nothing untill i have made my appeal.

 

[digidude]

if you was acting in self defence, are the police also involved?

did you tw@ your boss one??

lol

 

[Mr Parsnip]

like the above said i would definetly suggest the citezen advice beurau.

DONT TAKE THIS THE WRONG WAY MATE BUT VISIT YOUR LOCAL JOBCENTRE AS IM SURE THEY HAVE A DEPARTMENT FOR PEOPLE WHO GET SACKED UNFAIRLY


Hope you get sorted.

mr p

 

[Dave Mckenzie]

There was 1 witness. BUT this witness gave a statment over email and had spoken to 2 people, me inc before he gave this statment. The person was also drunk and over 20meters away.

Ive asked for the persons statment to be taken again with questions asked about the incodent, and was told NO.

My employer is a BIG company and im seriously tempted to goto the papers if i dont get my job back cos all i have done is defend myself and im being punished.

There is also CCTV of the 'fight' and the police have this. Work know this exsists and refuse to wait for the police to release it.

 

[The Bouncer]

Cant goto the citizens advice as its closed untill 4th Jan, ive been to see a solicitor today and they have told me they wont do nothing untill i have made my appeal.

Have you been given your sacking in writing if so make the appeal now, and notify the police if you haven't lready as you say it was self defence you might get some luck that way if there were anybody that witnessed it and will co-operate with you

 

[phawk754]

how long have you work there for and did there give you any type of letter with info on why you where sacked ?

 

[smirnoff_rules]

they cant do that as u where not being paid or working for them at the party ?

 

[earwig999]

Like others have said it depends on who you defended yourself against and what your job is?

I mean if you are a doctor and hit one of your patients, you know.

I doubt you can do anything until at least 4th Jan, apart from writing to your employer with your side of the story and that you wish to appeal against their decision to make you unemployed. Make sure you send it recorded delivery and also keep a copy for yourself.

 

[The Bouncer]

There was 1 witness. BUT this witness gave a statment over email and had spoken to 2 people, me inc before he gave this statment. The person was also drunk and over 20meters away.

Ive asked for the persons statment to be taken again with questions asked about the incodent, and was told NO.

My employer is a BIG company and im seriously tempted to goto the papers if i dont get my job back cos all i have done is defend myself and im being punished.

There is also CCTV of the 'fight' and the police have this. Work know this exsists and refuse to wait for the police to release it.

Going to the papers isn't going to help you really as this sort of thing happens all the time, and as there is CCTV then cannot see why you shouldn't be back there working soon enough, also when you say self-defence did you hit him first after being provoked or did you retaliate to being hit?

Even if you don't get your job back its not all doom and gloom as there are other job vacancies out there and you should get unfair dismissal in the instance you don't get your job back

 

[Dave Mckenzie]

Long story short. I was djing in a club, left a pair of Pioneer headphones there.

Couldnt get back to the club untill we had our xmas party there. Went at the begininig of the night and asked could i get my stuf. Was told yeah, come back n get it when leave. I went back, and there was some knob head stood at the door of the dj area. I asked to be past and he wouldnt let me. I tried to knock on the door (beside the bloke) and he pushed me back. I then tried to get the dj's attention and the blokes went to grab me by the throat. I have then nutted the bloke and broke his nose. Left and then appologied.

I have lost me job at the club, me regular job and im still £150 down on my headphones and to top it off, the blokes trying to press charges claiming i have just walked up to him and layed the nut.

 

[The Bouncer]

Long story short. I was djing in a club, left a pair of Pioneer headphones there.

Couldnt get back to the club untill we had our xmas party there. Went at the begininig of the night and asked could i get my stuf. Was told yeah, come back n get it when leave. I went back, and there was some knob head stood at the door of the dj area. I asked to be past and he wouldnt let me. I tried to knock on the door (beside the bloke) and he pushed me back. I then tried to get the dj's attention and the blokes went to grab me by the throat. I have then nutted the bloke and broke his nose. Left and then appologied.

I have lost me job at the club, me regular job and im still £150 down on my headphones and to top it off, the blokes trying to press charges claiming i have just walked up to him and layed the nut.

Seems like you were a bit of an idiot mate tbf, I work the doors and often see people being provoked by idiots but they don't drop the nut on them.

You shouldn't have taken the bait mate, as it sounds like the geezer was looking for trouble. The CCTV footage should show that you didn't just walk up to him and hit him but as for getting your job back it is all in the appeal procedure.

Could you not go to the club and speak to management to enquire about your job there and your headphones?
Also write a letter to your main employer with your side of the story and see if anything progresses

 

[earwig999]

Oh dear. Bouncers, hmmm.

Don't want to sound bleak but I think your chances of getting your job back are very slim. Honour amongst thieves and all that. You should still appeal and if you have the CCTV of the occurrence then that should prove that he assaulted you first. But I doubt the footage will be clear enough.

I was once dragged out by my tie at a works Xmas party by a bunch of bouncers. I went for a bloke who was mouthing off and got pounced on by about 6 of them, one bit me on the face and another grabbed my knackers. They dragged my out by my tie, which caused me to blackout. I had burns around my throat where the tie had rubbed and cut into my neck. Then after I came too I saw another collegue having a go at them saying there was no need for that and he got planted. I jumped on the guys back and pulled my arm up around his throat and he dropped to the floor. Then the manager came out and got all the bouncers inside and let us all outside. The police came about 15 minutes later just as we were all leaving in our taxis.

 

[Dave Mckenzie]

I wasnt being an idiot mate, that was the short version of the story. Ive never had a fight in my life and i would rather just walk away. But the bloke was winding me up BIG time, and he went for me more than once and pushed me more than once. I was always brought up "bigger they are, harder they fall" and this bloke was twice my size (i had to make sure i wasnt going to get hurt). At the time, it was the right thing to do, but in hindsight i shouldnt of. But like i say i seriously thought i was gona get hurt and i reacted (the drink would not of helped this)

 

[The Bouncer]

I wasnt being an idiot mate, that was the short version of the story. Ive never had a fight in my life and i would rather just walk away. But the bloke was winding me up BIG time, and he went for me more than once and pushed me more than once. I was always brought up "bigger they are, harder they fall" and this bloke was twice my size (i had to make sure i wasnt going to get hurt). At the time, it was the right thing to do, but in hindsight i shouldnt of. But like i say i seriously thought i was gona get hurt and i reacted (the drink would not of helped this)

I'm not doubting your story mate, but from what you have said it seems he was trying to get a reaction and you fell for it hook, line & sinker.

Seems you reacted due to having a drink which is the main problem at Xmas parties etc, where you know everybody but when they have had a drink they may be different to what you see at work.

 

[Dave Mckenzie]

Im just gutted tbh. Ive had a propper shit year haha and this has just topped it off. Sacked on xmas eve aswell. Ill quiet happy give up the dj job and the headphones just so i can make sure i have a secure income.

Work are saying its gross misconduct (violence) but on our guidlines it states that violence in the workplace. In my hearing i told the "chair" this and he told me he would change the charge to bringing the company under disribute. Even though it aint in the papers and i have not been charged by the police. He then sacked me for GM saying that the party was "an extesion of work time". But my argument is i wasnt getting paid, it was well out of work hours, off work premisise and if it was GM, then EVERY1, him inc should be sacked as they were all drinking and that is GM if in the workplace!

Im really shitting it, cos this letter is the last chance i have and i am no good at writing anything.....(im a bit thick) thats why im plee'ing for help.

 

[smirnoff_rules]

how r u paid . by the day or week or even months .. is it cash in hand ?

and being its a club as your banned u cant carry out your work . looks like u have fooked it m8

 

[Dave Mckenzie]

monthly pay and yeah im barred for life in the club.......i know its my own fault. I just need help with this letter *sobs*