Taking a wrongful dismissal case to tribunal

I was wondering if anyone could help? My husband was fired from a job back in November and has been unemployed ever since. He was fired for fraud and works in banking, so obviously this means that his professional reputation is shot, which is why he is struggling to find new work.

He was placed on paid suspension in October when the bank found a small number of keying error’s under his log in, and even though those error’s benefited him in no way they’ve played the gross misconduct/fraud card. Several investigations where done and the eventually fired him in mid November, despite having a very weak case. Essentially the keying error’s didn’t benefit him, nor could they prove they had been made on purpose.

The computer system they use is very old and it allows these types of keying error to be made very easily. They even went back and scoured his transaction’s over the last year could only found 10 error’s made by him. The nature of the error was basically that he’d said that he’d transferred customer’s to another department, but the department never received the call and there are many ways this can happen, including the phone cutting off, and the customer hanging up while being transferred which are not his fault, or my him entering the details and then them changing their mind and him forgetting to clear the data.

When we received the letter firing him it was all very vague essentially it read “we believe it is more likely rather than less likely that these error’s where made fraudulently” ie they couldn’t prove he’d done them on purpose and they knew he’d gained nothing for making them.

We contacted a solicitor, more because we where so angry he’d worked for the bank for 9 years and had been nothing but a hard working employee, and the solicitor said we had a very strong case as even reading though the transcripts from the hearings there was clearly no evidence and that it was clearly blown out of proportion.

A few weeks ago the solicitor sent a letter to the bank requesting a settlement, but the bank didn’t reply and now the solicitor’s sent another one saying that they have 28 days to reply or it goes to tribunal and an outcome will be decided without their input.

Basically I want to know what to expect from here? Anyone had experience?? We are living off credit cards right now, and while I understand there is a chance we might lose the tribunal I’m wondering what peoples thoughts where??
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Comments

  • Yes he’s applying he’s just got a job which is 100% commission based and has yet to actually produce any money. He’s still applying for something more permanent but its hard to find a job at the best of times, especially when you’ve been fired from your last.

    Even if he had hung up on customers (which I know he wouldn’t have done) 10 incidents in 12 months perhaps warrants a warning, perhaps even a good slap on the wrists but after years of loyal service firing him seems extreme when all they really know is that the call didn’t make it to it’s destination and have no real idea what caused it.

    The solicitor we have is no-win no fee. Frankly we couldn’t afford to pay for it without that, we rang around/sent transcripts to a few when we found this one they where all willing to take the case.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    I would have to disagree in that if discovered someone was hanging up on customers as regularly as 10 times in 12 months I would treat it as gross misconduct and dismiss.

    It's no doubt fairly common but these people also should expect dismissal when caught.

    There is very little justifiable reason for doing it hence no warnings/training etc to resolve.

    If there records show calls were hung up on its then for him to prove he didnt and I can't see how he would achieve this as his word isnt really enough.
  • dickydonkin
    dickydonkin Posts: 3,055
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    edited 24 February 2010 at 10:22AM
    You say he was dismissed in November - then you state that your solicitor is giving the bank 28 days to respond. Remember, you only have 3 months less one day day from the date of dismissal to submit a claim to an employment tribunal.

    If it is not too late already, I would submit a claim as soon as possible.
  • dickydonkin
    dickydonkin Posts: 3,055
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    edited 24 February 2010 at 10:39AM
    Or the far more likely occurrence in call centres that he was simply hanging up on customers.

    No stereotyping here then! A very bold assumption.
    As for the solicitors actions - they seem unusual to me and possibly a bit legally naive.

    And your legal qualifications are.....................................?

    It is difficult to ascertain based on the limited information posted, how anyone can give a definitive opinion on the likelihood of success at a tribunal.

    Specialised Employment Lawyers will be able to offer advice based on their extensive knowledge of employment law, however, as I indicated in my earlier posting, it would seem time is of the essence to progress legal redress if that is the OP's intention.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    dpassmore wrote: »
    No stereotyping here then! A very bold assumption.



    And your legal qualifications are.....................................?

    It is difficult to ascertain based on the limited information posted, how anyone can give a definitive opinion on the likelihood of success at a tribunal.

    Specialised Employment Lawyers will be able to offer advice based on their extensive knowledge of employment law, however, as I indicated in my earlier posting, it would seem time is of the essence to progress legal redress if that is the OP's intention.


    Well I base it on your earlier post assumption that there is limited time to open an ET and he is busy blackmailing a settlement rather than getting the papers in then pursuing a settlement.

    My suspicion is that as soon as they come back and say no the no fee lot will drop the case rather than take it to ET. I.e they want an easy settlement.

    If I was the OP I would be preparing the papers ready to put in as preparation as I dont think they will settle and I can see them being dumped without a solicitor very shortly.

    As for the stereotype maybe so but unfair?
  • wuckfit
    wuckfit Posts: 544 Forumite
    Anihilator wrote: »
    I would have to disagree in that if discovered someone was hanging up on customers as regularly as 10 times in 12 months I would treat it as gross misconduct and dismiss.

    It's no doubt fairly common but these people also should expect dismissal when caught.

    There is very little justifiable reason for doing it hence no warnings/training etc to resolve.

    If there records show calls were hung up on its then for him to prove he didnt and I can't see how he would achieve this as his word isnt really enough.

    Ah yes, here we go again, with the Anihilator preventing his intepretation as solid fact.
    Yet again You have NO EVIDENCE to support
    your defamatory and libellous comment that the OP's Husband was hanging up on customers. There, I've made it bigger in the hope that it might actually sink in. Actually you probably get some sick kicks out of making sure that every thread turns into a discussion about YOU instead of what the OP asked advice about.

    To the OP, as far as I am aware, Anihilator has no legal training, so if I were you I'd listen to your lawyer, rather than some anonymous vitriol-spouting vendetta-monkey who, it seems, only posts to make unsubstantiated allegations against people who seek advice and when he's been proved to have made wrongful insinuations he doesn't have the courage to hold his hands up and admit he was wrong.

    EllieA - dpassmore has a point, your time is running out for going to Tribunal.
    Best of luck and keep us posted.
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    wuckfit wrote: »
    Ah yes, here we go again, with the Anihilator preventing his intepretation as solid fact.
    Yet again You have NO EVIDENCE to support your defamatory and libellous comment that the OP's Husband was hanging up on customers. There, I've made it bigger in the hope that it might actually sink in. Actually you probably get some sick kicks out of making sure that every thread turns into a discussion about YOU instead of what the OP asked advice about.

    To the OP, as far as I am aware, Anihilator has no legal training, so if I were you I'd listen to your lawyer, rather than some anonymous vitriol-spouting vendetta-monkey who, it seems, only posts to make unsubstantiated allegations against people who seek advice and when he's been proved to have made wrongful insinuations he doesn't have the courage to hold his hands up and admit he was wrong.

    EllieA - dpassmore has a point, your time is running out for going to Tribunal.
    Best of luck and keep us posted.


    Lots of abuse not much debate on the topic.
    The evidence for the case is in the companies system. It would be for the OP to prove that inaccurate at an ET.

    And I didnt accuse him of anything. Simply stated that when it comes to call centres it is very common to encounter staff hanging up on people deliberately hence why it was a consideration.
  • melou
    melou Posts: 76 Forumite
    See here for details on making a claim at tribunal: http://www.employmenttribunals.gov.uk/FormsGuidance/makingAClaim.htm

    You have to raise a complaint in writing with the employer (done), you have to give them 28 days to respond (done), you have to put your claim in within 3 months from the date of dismissal unless you fall into one of the exception categories (this claim doesn't appear to), so if your husband was dismissed before November 23rd last year it does look like you might be out of time to make a claim. If not you need to get a move on.
  • dickydonkin
    dickydonkin Posts: 3,055
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    edited 24 February 2010 at 11:25AM
    Anihilator wrote: »
    Well I base it on your earlier post assumption that there is limited time to open an ET and he is busy blackmailing a settlement rather than getting the papers in then pursuing a settlement.

    My suspicion is that as soon as they come back and say no the no fee lot will drop the case rather than take it to ET. I.e they want an easy settlement.

    If I was the OP I would be preparing the papers ready to put in as preparation as I dont think they will settle and I can see them being dumped without a solicitor very shortly.

    As for the stereotype maybe so but unfair?

    I have not assumed that there is a time limit for claiming at an employment tribunal - the reality is that it is a FACT. My statement was based on FACT. My statement was based on UK employment law. Fact.
    And I didnt accuse him of anything.
    he was simply hanging up on customers.
    Quite!


    Also, the OP is able to take the case to tribunal without the use of a solicitor - of course, that is her prerogative.
    Lots of abuse not much debate on the topic

    Sorry - have to go, I have just wet myself laughing.......................................
  • Ok well i'm telling you he didn't hang up on the customers, so can we please look at the situation from that point of view. Im looking for help based on my point of view not for someone to come and stand up for the bank.

    The letter for the 28 days notice actually went out 2 weeks ago so i think we should be just in time. The claim has as far as im aware already been submited to the tribunal the date is for when a decision will me made without the banks input.
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