Unfair Dismissal Appeal Strategy

Summary

Recording someone without consent can breach privacy rights. Employers may require immediate incident reporting. To appeal a dismissal, gather evidence of non-involvement, review employment contracts, and seek legal advice. Highlight your prompt actions to de-escalate the situation and previous positive work history. Consider consulting an employment lawyer for personalized guidance.

Full Conversation

i did not know she was recording it. And i didnt know she was going to scare her. The service user didnt concent it neither did i. My reaction tonthe scare wasnt appropriate but i took immediate steps to de escalate the situation and make sure the service user was fine and happy. I was fired for not reporting the incident immediately and they say i was complicit in it. I was not. Because the service user wasnt in immediate harm I did talk to my co worker and said it wasnt ok.
It sounds like a difficult situation. In England, there are certain rules regarding recording without consent, especially if it involves a breach of privacy. Here's some general guidance:
- Recording someone without their consent can be a breach of privacy rights.
- Employers often have policies requiring immediate reporting of such incidents.
Do you want to explore options for challenging your dismissal or need legal advice regarding privacy laws?
I am appealing my dismissal because i had no part in scaring, filming or posting the video.
It sounds like you have a strong basis for your appeal. When challenging a dismissal, consider the following:
- Gather evidence that shows your lack of involvement in the incident.
- Review your employment contract and any company policies related to reporting incidents.
- Consider seeking advice from an employment lawyer for more detailed guidance.
Would you like help finding an employment lawyer or further information on privacy laws related to this case?
I need you to give me a strong case to argue that my dismissal is not rigjt and a final warning is better.
Case Rating: *
To argue for a final warning instead of dismissal, focus on the following points:
- You weren't involved in the recording or posting of the video.
- You acted promptly to de-escalate the situation and ensure the service user's well-being.
- Emphasize your communication with the coworker about the inappropriateness of the action.
- Highlight any previous positive work history and adherence to company policies.
Do you need further assistance on employment laws or guidance on how to present your appeal effectively?
I said all those things. They still dismissed me. The are saying i was complicit. They only have a 15sec video. And i am innocent
Case Rating: *
It sounds like a tough situation you're dealing with. Have you reviewed your employment contract and the company's policies on reporting incidents to see if there's any clause that might support your case?
No i have not. Cant you tell me?
Case Rating: *
While I can provide general guidance, employment contracts and company policies are specific to each organization. You may want to check your contract for clauses about reporting incidents and potential defenses. If you need further advice, consider consulting an employment lawyer who can review your specific documents.