(25 Mar 2014, 7:31 pm)aureolin wrote I hope you get things sorted Adam, but I'm afraid your view on how a disciplinary process should work isn't strictly correct. There's no obligation to have to issue you with three warnings prior to dismissal. They should have fully investigated though.
The ACAS code of practice states that employers should first try and resolve the issue informally (where possible). Failing that, and they feel they should take formal action, they should; a) establish facts, b) notify you in writing, and c) hold a meeting, notifying you of your rights to be accompanied by either a Trade Union rep or a colleague. It's at this meeting they can then decide what action to take, which would be anything from no further action to dismissal. The formal action taken should be given to you in writing (even if it's a verbal warning), and you would have a period of time (usually 5 days) to appeal the sanction.
When it comes to instant dismissal under the 'gross misconduct' charge, your employer should have a disciplinary policy which will clearly state the types of 'gross misconduct' that can fall within the category of instant dismissal. I'd be surprised if something you've posted on Facebook falls into this category.
What type of contract were you on if you don't mind me asking? Were you within a formal probationary period too? not that the latter should make a difference!
I haven't seen or signed any contract with them and I believe it was a 6 Months Probationary Period as I was a Customer Service Apprentice, I did speak with ACAS Last Friday and they advised taking them to the Civil Court if my Appeal is Unsuccessful on the Ground of Health and Disability Discrimination as didn't feel I capable of doing the Job and meeting there targets due having Aspergus Syndrome and an Eye Condition. Due to this I was stuck doing training up until my dismissal, while the other 2 Apprentices were aloud to the Job fully without support at the end of week 1. And yes they do have a Disciplinary Policy but they don't follow it as they should by Law, hence why I have Appealed and also handed in a Letter of Complaint against the Company. I am sure it'll sort itself out in time, Back at Ingeus Tomorrow though so there something to look forward to.