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Dismissed today - please help what to do next
Comments
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Your husband also needs to be careful about his timescales. There are time limits around putting in an appeal ( and for tribunals if that's what it eventually comes to) which should be explained in the disciplinary procedure and which he needs to make sure he keeps to otherwise his appeal can be dismissed for being out of time.
Thank you, we have been given 5 days so will send letter recorded delivery on Monday he received the dismissal letter yesterday. I don't hold out any hope of reinstatement but will follow procedure and have nearly finished putting the letter of appeal together.0 -
good luck to your husband, it was a mistake and they could have given him a verbal or written warning and told not to do it again. hope it all sorts itself out for you bothwendy x0
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Suggest you speak to ACAS on Monday (arbitration service - London - Independant). I know of someone who did far, far worse than that & managed to keep their job because they took in a union rep. Don't blame hubby, he made a mistake - he must be feeling pretty down.0
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Suggest you speak to ACAS on Monday (arbitration service - London - Independant). I know of someone who did far, far worse than that & managed to keep their job because they took in a union rep. Don't blame hubby, he made a mistake - he must be feeling pretty down.
We did speak to ACAS and they were very helpful, he is not in a union.
I do not blame him, he has survived cancer and so compared with that this is just a b... nusiance and we have savings and I work so we are not in dire straights although I do worry how long it will take him to find a job.0 -
I'd fight this simply because of that last line.. it won't help him find a new job if he has gross misconduct as his reason for leaving his last job.
These guys smell a little shady with what they have done anyway...they walked away from an old company and just restarted again under another name?
I don't think it's so serious an offence considering they allowed it previously ...and I doubt he did either. Why would he when he's done it before without a problem?
tHi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Has your husband appealed yet?0
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jazzyman01 wrote: »Has your husband appealed yet?
No we have drafted a letter and are going to finalise it today and send if recorded delivery on Monday, at the moment it the letter is very long and are trying to edit it without missing any points, we plan to use the main reason as disproportionate, other perople there do carry out private work, I have only just asked my husband that.0 -
Just thought I would update, we have sent letter of appeal, they received it Tuesday we asked them to acknowlege receipt, we sent it recorded delivery, the disciplinary procedure did not state when they had to respond by, only we had to appeal within 5 days of the dismissal letter.
When compiling the letter we found a letter from his employee stating that he would be employed on the same T&C's as previous employer where private work was allowed.
We have also mentioned that the procedure did not seem correct, same two directors in both meetings, no notes taken and the letter containing the phrase 'proposed dismissal' handed over after the first meeting had concluded, no evidence provided, the computer was not password protected.
Does anyone know if there is a time limit when they should response?0 -
It should tell you that in the company disciplinary procedure. I think it may be different depending on the organisation, rather than a statutory requirement. In our organisation it's 10 working days after the appeal is put in.
Our organisation also says that it should be someone different who oversees the appeal to the people who carried out the original disciplinary hearing - again probably good practice rather than a requirement, but good ammo for you if you have to take things further. Edit - do you have it in writing anywhere that private work was allowed by the previous employer, or do you have any other way to substantiate that (eg would previous employer be prepared to back this up?)
Going purely on the info you have given, it would seem they have reason to reconsider, but they may decide to stick to their guns in which case your only option is the tribunal, I think.
Good luckAll shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
We have received a reply today asking him to attend another meeting with a work colleague or union rep (he is not in a union).
In view of what has happened to him he does not want to involve anyone he works with can anyone advise if there are any other options or have any advice.
Thanks0
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