Where do i stand legally??

Last year in June i was fired from a company for mobile phone use whilst at work (I just checked the time on the screen and put it back in my pocket)...i appealed my case but was told "company policy states that mobile phone use is not allowed under any circumstances" and was dismissed and that was that, untill i discovered last month that another employee who was dismissed for the same reason at the same time i was has been reinstated.

Having found this out i filled in a application form (which i made copies of) stating that i would also like the same opportunity of re-employment as the other guy and today i get a letter saying all positions are full which i know to be bs because they are still advertising for staff.

Is this discrimination? and if so what can i do?

 

I have seriously considered going to the main office and arguing my point, but i dont think thats going to help as i dont really know if i have a leg to stand on so to speak.

 

I say forget them you dont wanna be working with assholes like that anyway

 

Piss in their mailbox and Smash you ex boss' car windows

 

I don't suppose you were unionised were you?

 

You must be really desperate for a job if you're willing to go back to a place like that. Even if they gave you your job back, it wouldn't surprise me if all the higher ups thought of you as "the guy we already fired once".

 

Not feasible in the current climate.

 

Its a very large local employer and ive got four kids to provide for soooo needs must...and i dont have a car (fucking fuels prices) so i cant drive to the next town for work.

i would do this but its a national company and the trip to scotland to smash up the owners ferrari is something i cannot afford xD

I was but the union representative was so much up the companys ass it was almost funny.....speaks volumes that he was voted out after my dismissal but that was too late for me.

Seeing as i go to work to earn money not to make friends this wouldnt bother me.....plus the fact that i would be working on my own anyway so the "work gossip" is nothing to me

Too true my friend :/

 

Might i suggest a visit to a citizen's advice bureau?
they'll know exactly where you stand and give you advice on what to do next, though they may patronise you in the meantime
Clearly this company was the pillar of corruption so i'm not surprised that the union rep was up their ass.
If you were still part of the union they would know exactly what to do

 

I will give this a shot, in the meantime I've got some friends and family to apply for the same company and I will use there acceptance letters as evidence for my case.

 

Even better if you're in the UK...

Blame Chavs

ALWAYS blame Chavs

 

They don't let you look at your phone? Sounds more like high school than an adult job. I'd say fuck those assholes.

 

Not even allowed to bring phones where I work. Data security, ISO accreditations, etc.

 

So people who go out for a smoke isn't wasting the companies time either?

This story seems familiar that, most places will be assholes to remove your job position... Checking the time on your phone and losing your job sounds stupid. As someone mentioned, it sounds like a high school no-no.

 

Technically if the employee handbook does state that and you have been given said handbook then you might not have a leg to stand on, if you have worked there less then 12 months (and due to the tories being bastards, this has been increased to TWO years from April....) then technically you can get fired for no reason. However you can still ask for a reason for dismissal in writing. They should at lest give you at least one weeks paid notice too.

However the policy states use rather then the physical ownership (as some places you would have to leave your mobile phone elsewhere) and checking the time would not really be deemed use as would they fire you for checking your watch? I would write a letter to HR explaining the circumstances, stating that usage implies a call, text messaging or running an app and generally not checking time. If you office did not have a clock or an easy way for you to check the time then you could mention this. if you have your employee handbook do check to see what it says about warnings (verbal or written) as this would have been more in line. I would see your local CAB for more advice though.

Do make a fuss though as you might get lucky.

 

You can only be dismissed immediately for gross misconduct (unless you have previous written warnings).

I am not certain if this falls under gross misconduct - it depends on what you do in your job etc. I would just go to citizens advice - they will be in a better position to help you.

 

How long had you been working at the company?

Did they issue you with a letter of termination? (Did you sign a contract to begin with).

 

was the mobile phone rule written into any part of your contract or anything you actually signed or was it just told to you by the boss?
however its unlikely you will be able to change anything in regards to your original dismissal due to the time that has now passed but you should go to the Citizen's Advice Bureau and see what they have to say about the fact they are still looking for employees but seem to be discriminating against you

i know they are generally shit but have you thought of joining an agency to try and get some immediate work whilst you are waiting for something permanent to come along?

 

I was working there for five years and i do admit to breaking the rule and accepted my dismissal....the problem i have is that the other guy got his job back but im not being given the same treatment.

 

Unfortunately once your contract was terminated they have no obligation to re-employ you under and circumstance, even if they have re-employed someone else. Morals don't come into business (as I have found out myself on many occassions).

If you accepted the termination then you must have signed and agreed to it at the time? You knowingly broke the rule which you knew stood and accepted the punishment. I don't think there is anything you can do!

I do feel for you though mate as I wouldn't wish un-employment at this present time on anyone.

Maybe you'd be better to spend your time and energy looking for a new job rather than chasing up a lost cause. Good luck mate!