Advice about dismissal - please

Burny_Sweetwater_Glasgow

Hi Amber
See you've been busy, lots to read and write. How did you get on today with the solicitor - mind you with Debt_Free_Chick on your side your now a force to reckoned with.
Debt_Free_Chick - you should have a seperate section of your own on this forum, you obviously know your rights judging by the solid advice you have given Amber, I would think that this is your profession or you have a wealth of experience so keep it coming and the rest of us will pitch in if we can.

Keep your chin up Amber :Tthere's plenty of support here for you and your OH, and get a good nights sleep preferably this side of midnight.

Debt_Free_Chick

Burny_Sweetwater_Glasgow wrote: »

Debt_Free_Chick - you should have a seperate section of your own on this forum, you obviously know your rights judging by the solid advice you have given Amber, I would think that this is your profession or you have a wealth of experience so keep it coming and the rest of us will pitch in if we can.

Whilst I work in HR, I'm a pensions specialist and only an HR "generalist", but I am one of those "senior managers" to whom appeals are referred under the disciplinary/grievances procedures.

Also, pensions is very closely aligned with employment law, so I need to be able to "hold my own". I'm also a frustrated lawyer I love all this pedantic detail :rotfl:

Finally, I do some mediation too.

I'm by no means an expert, but know just about enough to help out on some of these issues.

There are others who equally have as much to contribute as me - and some, more

But thanks for the kind words. Hope Amber has seen the additional support from us all, today.

Amber07

Wow - what can I say - the support has been amazing!!:T

I read your posts Debt-Free-Chick and redone the appeal letter. Put in a lot more detail, included times and dates and made all the requests that you recommended. It will have been the last thing they expect to get from DH, so hopefully it will make them sit up a bit.

Thanks for going into so much detail, it must have taken you ages to muddle through my posts You should have your own advice forum on here somewhere :T


Burny - not much cop with the solicitor. He basically told us to come back once the appeal was past. No mention of what else to put in the letter, nothing, 15 mins in and out. You guys on here have been a hundred times more helpful

If I'm honest he seemed more concerned with how we were going to pay his £175 an hour than he was in the case. He was quick to point out that if it went to Tribunal it would cost 3-4k.:rolleyes: Seeing someone else tomorrow, hopefully we will fare better.

Burny_Sweetwater_Glasgow

Hi Amber,
Did not want to dampen your expectations yesterday by saying don't get your hopes up that the solicitor will be of any use, I had hoped that you may have been lucky, but heyho, follow D_F_C's advice and I think they will assume that you have received legal advice and sit up and take notice. Your letter of appeal may just hopefully make them seek their own legal advice and any employment lawyer worth anything should see that they have made some really serious procedural errors that would result in a tribunal finding a case for unfair dismissal. If they have any sense they will then try to negotiate a settlement without going to a tribunal as if it does and the have their own representation and they lose it will cost them many £0000's in the legal costs and the award against them for unfair dismissal. We are all on your side, we are not legal eagles but the quality of the advice is only getting better and I am sure there willbe a great deal more before this is over.:beer:

Amber07

You would not believe how much this thread and the advice on it has kept my spirits up (and DH's of course, I am forever reading bits out to him)

I will just keep on thinking positive as long as I can.

Burny_Sweetwater_Glasgow

Thats great news Amber I am so pleased for you both.:j

Positive thoughts and positive actions will bring positive results keep it up:T

and if you find you're struggling we are only a key stroke away at all times, daytime, night time and the wee early hours of the morning;)

Amber07

Well, we feel a little further forward today.

Had a message from CAB saying their employment specialist could fit us in today, and we thought we would go along (nothing to lose anyway) and she was great!!

She was a bit taken aback at the extent of it all, and commented that they had really done a 'hatchet job' on him.

But she sat for 2 hours with us, went through everything and helped us prepare more information to put towards the appeal, listing the procedural irregularities one by one, and giving us lots more info, which was fantastic. Unlike the solicitor yesterday, it was nice to have someone who was willing to listen (along with the people on this thread of course).:T

Burny_Sweetwater_Glasgow

Good evening Amber,
At last you have found someone who has a physical body that is willing to listen to your situation. Did they give you any indication, from their perspective, of whether they (OH's ex employers) had made procedural blunders that in their opinion would stand up in a tribunal in your favour? Do they offer a service to represent people in your position or is their support only free through the CAB?
Really good that you have at last found this person and I hope that they can give you all the support you need. Keep positive.:D

Amber07

Hi Burny

She normally does represent people, but she is fully booked, she said that she has never been so busy as the last few months. She isn't allowed to recommend a specific solicitor but has indicated where we can find one, and also said we can try the next town and see if their rep is booked up. I am happy to get a solicitor if we need to continue after the appeal though.

From her perspective, they seem to have made errors in step 1 of the dismissal procedure. Section 2a of the Company's procedure states that employees will be kept informed in writing throughout the process, yet they gave DH a phone call for his hearing instead of a letter. Plus, they didn't detail the allegations fully before his hearing, they left it wide open so they could include other items (which they did) so how was he supposed to prepare his defence?

Also, she queried how such a list of events could suddenly be brought out within a 10 day period after DH's last management meeting - they could have brought up issues there but they didn't. She also agredd that the company have obviously aimed to get rid of DH from the start.

There's a fair amount of other comments she wrote out which I need to go through and redraft the appeal process to prepare DH - I'm looking forward to getting stuck into it now

Burny_Sweetwater_Glasgow

That's our girl, Amber get stuck in, soon you will be giving others advice. When you say that she does represent people is that at tribunals and is it for free? Hopefully her other suggestions or hints should I say will be just as good as she seems to be. You are well aware that the costs can be horrendous for legal representation so I hope you find someone who does it for the sake of justice.If you make the appeal as hard hitting as possible it could well do the job and get them shaking in their boots, and I hope you do, and then you can get this settled without the worry of a tribunal. Hit them with everything you can that is backed up by evidence and legislation and they will not know what has hit them. Make them pay dearly for their actions. But don't forget to get on with your normal lives in the meantime you have issues/problems that need to be dealt with at the same time as this.
The laws on your side so take strength from that and look towards a happier future.