Advice about dismissal - please

Amber07

Got a letter fom the MD today saying that it will take time to organise the appeal because he wants to organise his own investigation.

I get the feeling this is going to be dragged out.

In other news (lol) DH has been shortlisted for a job by a recruitment agency and should have an interview next week. Means a 10k pay cut though, so not so good on that score :rolleyes:

Ah well, c'est la vie.

Debt_Free_Chick

Amber07 wrote: »

Got a letter fom the MD today saying that it will take time to organise the appeal because he wants to organise his own investigation.

This is a good sign. It suggests to me that there has not yet been a proper and fair investigation - which is what we all suspected. And it's what the Tribunal expects - a fair and reasonable investigation.

Just wait ....... but this looks promising to me in that it seems to add more fuel to hubby's case :j

Amber07

Debt_Free_Chick wrote: »

This is a good sign. It suggests to me that there has not yet been a proper and fair investigation - which is what we all suspected. And it's what the Tribunal expects - a fair and reasonable investigation.

Just wait ....... but this looks promising to me in that it seems to add more fuel to hubby's case :j

You know, I hadn't thought of it that way - thanks :T

987654

Debt_Free_Chick wrote: »

This is a good sign. It suggests to me that there has not yet been a proper and fair investigation - which is what we all suspected. And it's what the Tribunal expects - a fair and reasonable investigation.

Just wait ....... but this looks promising to me in that it seems to add more fuel to hubby's case :j

Agree. Before dismissing an employee, reasonable belief is sufficient to make the decision. However if they NOW want to do a further investigation it questions the decision.

I would recommend asking when the MD expects their investigation to be concluded by. Otherwise you could be waiting for weeks/ months if they don't get on with it. Personally I would suggest that a maximum of14 days would be a sufficient time to allow.

I'm away on holiday for the next week so won't be able to comment when you update us on next progress, but something to remember if the MD offers him the job back & he doesn't want it, can still go to an ET(no guarantees of outcome obviously). Another option if he has been offered another acceptable job by that time is to return (with back pay for the period he has not been at work) and then resign anyway as soon as he has the pay in the bank - he could always say he won't return until he has received the pay.

Hope justice is done!

Burny_Sweetwater_Glasgow

Hi Amber,
Just passing through. Any news on OH's interview for this week?
Did you write back to the MD to ask how long before appeal. After 987654's comment I had a look through a few sites to see if there were any time scales for having an appeal heard but most if not all referred to a reasonable period, which is I am afraid is open to interpretation. Have they sent you any of the evidence that they used to make their decision, as you will need a reasonable period to assimilate their evidence and draw up your responses, unless of course that they decide to give you the same reasonable notice by phone again:rotfl:
keep us informed:beer:

Amber07

Hi Burny - interview has been moved to next Tues, plus he got a phone call from a recruiter today so maybe a sniff of a chance at a different management position. I really hope something works out soon.

The copies of evidence from the hearing were sent to us today. I haven't been through them all yet (can't face it tbh) but had a browse.

One thing that jumped out at me, in one statement an employee said 'He phoned last night to as if I had felt bullied and if I would provide a statement, and I said I wouldn't. Interview was done on the 20th - OH's phone records show that he hadn't phoned the guy since the 16th. And the guy had no idea why OH was suspended at that time.

Will look through the rest later, but even just skimming them, they aren't the words of those 18-20 year old lads, they read like a police statement fgs. (Funnily enough the other director who took the statements is an ex-cop who disliked OH, but who am I to comment)

I would expect to hear by next week sometime - if not OH (well, me lol) will write asking for confirmation of a date.

Burny_Sweetwater_Glasgow

Hi Amber,
I see your still not sleeping judging by the time on the posting:eek:

Try and concentrate on the positive things that are happening, I know it won't be easy as you want this whole thing to be done and dusted so that you can get on with your lives, be strong BUT do get some sleep.
It was good to see that even with a brief glance at their evidence you have maintained a critical eye for detail, well done. I know it is a pain for you to have to read all this stuff again but it will be necessary to put forward your case at the appeal. Make sure, as I am sure you will do, that any reason they have given for your OH's dismissal is substantiated in their evidence and that all dates and times make sense. Is it a different or more senior person hearing the appeal as you did state that the MD wanted to do his own investigation. Has he provided you with his evidence?
Take heart we are all on your side:beer:

Burny_Sweetwater_Glasgow

Hi again
Just in case D_F_C pops in someone needs your valued opinion I have given my own comment but I would value yours. You should be able to get to the thread using this http://forums.moneysavingexpert.com/showthread.html?t=1542849

Sorry for hijacking your thread again Amber but don't know how else to get hold off D_F_C.

Js_Other_Half

Burny_Sweetwater_Glasgow wrote: »

Sorry for hijacking your thread again Amber but don't know how else to get hold off D_F_C.

Hover your mouse over a person's name at the left of their post, it should change into red type, left click and choose send private message. It will then take you to another page to send a private message to whoever you want. If/when they reply you'll be notified, or see it on the bar where it welcomes you, says when you last visited, and says how many private messages you have.

hth

Burny_Sweetwater_Glasgow

Thanks for that info