Can a job do this

Snotty

We are only hearing one side of the story.

The OP is sacked based on what happened 10 minutes later, we can naturally assume something did happen at this time and that is why it was shown.

The op is saying something also happened 10 minutes previous and this will exonerate him. Devil's advocate here, but the employers is aware of the earlier incident but its the one 10 minutes later that he is being dismissed on.

OP is more than welcome to provide more details, but if a legal case is going to be taken, he's probably best not to discuss it here.

Sir Oxman

Snotty wrote: »

We are only hearing one side of the story.

The OP is sacked based on what happened 10 minutes later, we can naturally assume something did happen at this time and that is why it was shown.

The op is saying something also happened 10 minutes previous and this will exonerate him. Devil's advocate here, but the employers is aware of the earlier incident but its the one 10 minutes later that he is being dismissed on.

OP is more than welcome to provide more details, but if a legal case is going to be taken, he's probably best not to discuss it here.

Of course we are.
We should take the OP at his word and work from there.
I think you've got the tinmeline wrong by the way - the alleged incident happened 10 mins before not after - the footage rerecorded on a mobile phone doesn't show the alleged incident.
He had to badger them to show any footage afaik

Snotty

Yeah I'm stating the obvious, but point remains, we can take everything at face value or we can make some vague assumptions based on what we do know. Example, we do know the employer showed video of 10 minutes later, maybe this video shows something, I don't think it's in the relims of fantasy to think this was blank cctv footage.
It's just not what the OP wanted, but maybe it is more relevant to the employer and the dismisal case.

AndrewJRenko

Were staff aware of the CCTV cameras? Were there notices showing the cameras? Were staff informed of the purpose of the CCTV and how the data would be stored?

Snotty

AndrewJRenko wrote: »

Were staff aware of the CCTV cameras? Were there notices showing the cameras? Were staff informed of the purpose of the CCTV and how the data would be stored?

All good questions, but zero relevants to this unfair dismissal case

AndrewJRenko

Snotty wrote: »

All good questions, but zero relevants to this unfair dismissal case

WRC would take a dim view of evidence collected using illegal cameras

Snotty

AndrewJRenko wrote: »

WRC would take a dim view of evidence collected using illegal cameras

But it the witness that is the case, the cctv is deleted. Id agree if the employer was using the cctv, but that is not the case.

Studiostichup

Snotty wrote: »

But it the witness that is the case, the cctv is deleted. Id agree if the employer was using the cctv, but that is not the case.

Firstly id like to thank everyone who gave there opinion on my situation
Thank you very much
Snotty you are correct they did not use the cctv to sack me which was probably smart by them
But i had asked from the very start to see it as it wouldnt lie.
They took the time to record 10 mins after event
But not the time i requested on paper atleast 5 times
They didnt use cctv but i relied on it to prove me right
This is the most screcthy situation ever
I know i was set up that is all i can say and it really hard at the minute
I know the statement is lies but they delete the only thing to prove that

BattleCorp

Snotty wrote: »

All good questions, but zero relevants to this unfair dismissal case

If the footage was dodgy and used as part of the disciplinary process, then it has lots to do with this unfair dismissal case.

The fact that it was shown to the OP leads me to believe that it was used as part of the process. It may have been immaterial overall, but the fact that they showed it to him means that it is relevant.

the_syco

Studiostichup wrote: »

Can a job delete footage regarding an incident

Do you know said footage existed when you made the claim?

joeguevara

Was the footage integral to your dismissal or were their witnesses. Is there written testimony of you saying you saw it and agree that the actions occurred. Did they give a reason for its erasure. Too many different scenarios to give a definitive answer.

But if it was only evidence. If you didn’t see it or dispute it’s content then you have a case. You will be asked to give sworn evidence if it goes further and the evidence will be judged on its merits. Balance of probabilities rather than reasonable doubt.

There may be an issue that procedure wasn’t followed on their part or natural justice that you didn’t have an opportunity to challenge evidence. But more facts are needed.

Raheem Euro

Any sort of fair process would mean you would have to get Disclosure of your employer's case ahead of the hearing. Statements, cctv footage, anything he wil rely on in the proceedings. How else could you prepare your defense?

You should write to HR and get copies of their documents on their disciplinary process and rules. This will tell you your responsibilities and entitlements in the proceedure and those of your employer. It will probably tell you that you were entitled to disclosure.

You can either take Judicial Review to have yourself reinstated. Or action for damages for constructive dismissal.

joeguevara

Raheem Euro wrote: »

Any sort of fair process would mean you would have to get Disclosure of your employer's case ahead of the hearing. Statements, cctv footage, anything he wil rely on in the proceedings. How else could you prepare your defense?

You should write to HR and get copies of their documents on their disciplinary process and rules. This will tell you your responsibilities and entitlements in the proceedure and those of your employer. It will probably tell you that you were entitled to disclosure.

You can either take Judicial Review to have yourself reinstated. Or action for damages for constructive dismissal.

Some good advice here but a couple of points. As you have been dismissed constructive dismissal is the incorrect term when seeking restitution. It would either be unfair dismissal if you shouldn’t have been dismissed or breach of procedure if you should have been but they went about it the wrong way or both.

Secondly judicial review would probably be a sledge to crack a nut and could take years and be costly. WRC should be your first port of call. In most cases reinstatement is not an option as would you really like to work in a place that treated you unfairly.