To tell the truth the attendance record was not great for the 2 and half as had a virual infection and that was the reason I was put on the final written warning. But finding out I was going to be dad my life change and became more responsible so made more effort to go to work and get assistance when at work so I did not need to be off. As stated the reason for being dismissed was not due to sickness which the warning was issued for but was for the dependent care is that right?

It took fatherhood for you to realise slacking at work was not a good idea?

Geez….

a mercenary person would point out that thats a fairly good position to be in

Not when your next potential employer asks why you left your last role…

Ahhh, OK. In the context of being a ‘bad boy’ for 2.5 years and then, to all intents and purposes (from your employers perspective), carrying on in the same vein for another 18 months after a written warning, It shouldn’t have come as a great surprise.

Sorry if that sounds a bit harsh but they won’t neccesarily care how you conveniently compartmentalise time off in this or that category. You’re taking time away that you’re paid to be there for them.

You might have a claim under some convoluted combination of ‘entitlement’ but my question would be: ‘Why do you think your (ex) employer should foot the bill for your chaotic personal affairs/bad luck/inability to meet your half of the employer/employee bargain?’

Not trying to be horrible to you, it’s a genuine question. What would you say if they came to you and suggested they skip paying you this month as they’d had some bad luck as a debtor had folded or they’d lost an order they were counting on?

It was not slacking in any way. It was the reason that I had a new family to support and not my self was the reason I made the best effort I could.

These links may help:
http://www.adviceguide.org.uk/index/your_money/employment/parental_rights_at_work.htm#Rightsofworkingparen

http://www.adviceguide.org.uk/index/your_money/employment/off_work_because_of_sickness.htm#you_are_dismissed_for_taking_time_off_sick

See bit on Frustration of Contract:
http://www.adviceguide.org.uk/index/your_money/employment/dismissal.htm

It took fatherhood for you to realise slacking at work was not a good idea?

That’s a harsh and apparently untrue way of putting it.

From my reading of this you messed about for a couple of years and got the final written warning (probably after a couple of lesser warnings)

You then needed some time off to care for others, was this taken as sick/annual or special i.e. unpaid leave? (suspecting you just went self certified sick)

More actual illness followed which you took sick leave for by which time the company decided to dismiss you invoking the final written warning which presumably stayed in force for twelve months.

If I were taking your case my honest opinion would be try a plea on compassionate grounds, but think you will be lucky to keep your job. Appears they may have followed the disciplinary procedure correctly and the grounds for unfair dismissal seem somewhat tenuous.

Many times I have represented people who have just been foolish and treated work as they would school. Employers do take liberties and if they haven’t followed due process are easily dealt with, but you appear to have acted in a very cavalier fashion and are probably fighting a lost cause now.

It’s sad but it does appear that your previous behaviour has caught up with you in a bad way.

No one wants to have no job and a family to support.

As an employer I can see they’ve decided that your attendance record is so poor they want shot and although I don;t know the law it does appear they have tried to do their best if they’ve worked with you whilst you are at work to make things easier which will count in their favour.

It’s sad for you and I woudl get professional advice but you may need to accept this and try and move on (particularly if any tribunal etc that you do get involved in will be months away).

Sounds a harsh decision but for any of those days you listed did you not take them as holiday (assuming you had that option)? Whether strictly speaking you had to or not given you were already on a warning I find it strange (being a responsible new dad and all…) that you’d not try and meet the company half way and offer to take holiday for the dependant leave.

Sorry to be picky but have a go at this please:

“Why do you think your (ex) employer should foot the bill for your chaotic personal affairs/bad luck/inability to meet your half of the employer/employee bargain?”

I’m an employer and would go to great lengths to accomodate a struggling colleague but only if I was met part way and I was convinced they were a) trying b) serious and c) valuable. Obviously the combination of your past behaviour (and perhaps performance?) and current need for random time off has burnt your bridges.

You should move on and learn something from this rather than look to be compensated for something that is largely self inflicted. (IMHO)

What a pickle. Getting rid of dead wood is the technical term. Poor attendance, and the fact your probably no good at any job. Move on, act like a man. Take a dump get off the potty. Life is not a MASSIVE PILLOW!