Advice about dismissal - please

floss2

Amber07 wrote: »

.....Plus, they are hitting him with everything by the looks of it - even stuff which we thought was dropped (there were only 3 things listed in his dismissal) such as the banking error mentioned in post #8....

Go through the list, highlight each item you are unsure of the relevance of, and email them back:

"Item xxx - we do not see the relevance of this item to the case. Please explain why you feel this document is relevant."

Item yyy - ditto

Item zzz - ditto

If nothing else, at least you know that nothing more can come out of the woodwork.

Interesting to see that they are trying to bring things to a tribunal that were not considered serious enough for his dismissal :rolleyes:

BTW - did you hear from ACAS??

Amber07

No luck with ACAS yet - couldn't get the concilliator for our case on the phone yesterday, will try again this afternoon. Will email if I have no luck again.

Will get OH to give me his password for emails and will do just what you suggested about the docs floss. I will explain that he was dismissed for A,B & C, and ask the relevance of the other items, thanks.

floss2

Amber07 wrote: »

No luck with ACAS yet - couldn't get the concilliator for our case on the phone yesterday, will try again this afternoon. Will email if I have no luck again.

Ring the office on your letter, and tell them it is urgent that your conciliator speaks to you ASAP...they are snowed under and only dealing with cases when contacted & chased up.

Amber07 wrote: »

Will get OH to give me his password for emails and will do just what you suggested about the docs floss. I will explain that he was dismissed for A,B & C, and ask the relevance of the other items, thanks.

I wouldn't say anything about why he was dismissed - just query the relevance of any you are unsure of. APart from anything else, it takes time.... and if they now have a solicitor, time costs money....

jobbingmusician

just a quickie 'cheer up, chucks' email as I am at work.

1. If they are throwing everything they can at OH it shows you have got them on the back foot, and they are grasping at anything they can.

2. This is a REALLY BAD strategy on their part - if they are now saying that OH was dismissed for things they didn't mention in the disciplinary, the dismissal is automatically unfair!

I'll reply at more length this evening, after the football-vital-for-matched-betting game.

Amber07

Got hold of the guy from ACAS - lovely man but little he can do for us

He phoned their solicitor, they have no interest in conciliation, he has been instructed to take it to tribunal.


He did comment that he has had a number of dealings with this company - and they have never gone for a settlement with any of the tribunals.:rolleyes:

Amber07

jobbingmusician wrote: »

2. if they are now saying that OH was dismissed for things they didn't mention in the disciplinary, the dismissal is automatically unfair!

.

I don't think we can get them on that - it is stuff which has been brought up in the past, but which OH thought was sorted as he had a reasonable explanation. It just wasn't part of the reason given for his dismissal (we thought) but I guess now we know huh.

jobbingmusician

Yes, but a fair disciplinary policy is supposed to give an employee a chance to respond formally to all allegations. They can't suddenly chuck old stuff into the pot and say it's part of a disc which has finished! Did the old stuff form part of ANY disciplinary? (I bet you are going to say no - thought not!) Even if it did, the papers calling him to THIS disciplinary should have referred to it..... The fact that they are producing papers you have never heard of or seen before does strongly suggest that OH has not had an opportunity to respond to allegations, does it not?

Amber07

Well - it's done!!

Totally scrapped my stuff (well, not totally, it will come in useful for preparing Q's and things for the ET) and I followed their solicitors format instead

They sent a list with 42 documents. I have requested a copy of 9 of them plus enquired as to the relevance of a few. There are a couple there listed as a file note and a letter to a customer concerning quality that OH has never even heard of, let alone seen.

I have added further documents (they had a lot of ours listed already), taking the total number up to 57. That'll be fun photocopying that lot

I'm sending a paper copy, but have emailed as well so we can get our copies faster.

Also - no word yet on the bullying/harassment policy I asked for, or the original handwritten statements.

Amber07

jobbingmusician wrote: »

The fact that they are producing papers you have never heard of or seen before does strongly suggest that OH has not had an opportunity to respond to allegations, does it not?

You are right there

jobbingmusician

I'm ashamed of myself - sorry that I didn't manage to get back to you last night. Off to work now, but I really will try to write more fully later today

Sounds as if you are doing brilliantly, anyway