Advice about dismissal - please

Amber07

So sorry to hear that, it's an awful situation to be in. Has he had any luck with finding a new job?

It's horrible that that was done to him after 10 years service, I hope you get your conciliation or win the tribunal. I really feel for you.

firesidemaid

i really do feel for you both and the other poster.

the 2 experiences that friends had were great once they had won - but it is the waiting, especially knowing you are right. obviously there should be compensation to come but it can take time - and that doesn't help in the meantime.

i can't believe they brought up a load of extra stuff they hadn't mentioned earlier. plus what exactly is mismanagement?

you will need to ask for copies of all their evidence presented and used for the dismissal case. look at every signature, date and time in minute detail.

in one friend's case, we realised that a statement alleging misconduct had been signed after he had been dismissed! bingo!

987654

http://en.wikipedia.org/wiki/Natural_justice

As well as legislative requirements, rules of natural justice should be followed in internal procedures. It doesn't seem to be the case here.

Based on what I have read about the situation, the dismissal would not be considered 'fair' by a tribunal.

Have they given him notice or is it summary (instant) dismissal. Summary dismissal would mean his last day of service (and pay) would be today, so they should have told him about this. If they haven't, it adds more to the view that the dismissal has been done by someone who doesn't have a clue about the process which should be followed.

Which area of the country do you live in? There may be someone on here who would be willing to meet up with you & share some professional experience/ help you prepare for the solicitor's meeting.

I hope you are both prepared to challenge this organisation! Remember, you have support.

Burny_Sweetwater_Glasgow

Hi Amber,
Hopefully you are both a little less stressed now. You need to remember that DH needs to exhaust the minimum 3 stages which includes appealing their decision. Not a pleasant thought I know but a necessary evil. When he receives the written notification of the dismissal, it should state that he has the right of appeal and that if this right is going to be exercised written notification must be given to the company within xx days. This is an opportunity for your DH to request copies of all of the evidence that was used in their decision making process (as it was not provided in advance of the last meeting) which will be of great use for any legal eagle that you may engage. I would suggest that DH states the following, in his letter of appeal, that they failed to supply sufficient information prior to the last meeting, they gave unreasonable notice by phone of the meeting date and that issues were brought up during the meeting which were not relevant to their previous notification of disciplinary action. Now I know DH does not want their decision over turned, is there any realistic chance that it would be:rotfl:?, I think not so just go through the motions, turn up and say 'I just think that your decision was wrong and that I would ask you to re-consider that decision'. (this will probably make them think 'who the hell does he think he is telling us our decision is wrong') and after a 5 minute recess return with a final decision saying that they uphold the dismissal. You will have done your bit and they will hopefully have supplied you further evidence of their incompetance!:T
Keep us all updated on how you are going forward and I have to that it has been so refreshing to see so many people willing to help and support you and others on this site, restores my faith in humanity.

Amber07

No wonder you have put a laughing smilie in there!! :rotfl: :rotfl: Hopefully cannot see that happening, and DH would be gutted if they did change their minds :eek:

Thanks for explaining about the appeal, I wasn't sure about that process. Have emailed CAB, hopefully they will get back to me soon, since they haven't been answering the phone all day :rolleyes:

I agree that the support on here has been amazing, I can't thank everyone enough for all the advice :beer:

Amber07

987654 wrote: »

http://en.wikipedia.org/wiki/Natural_justice

As well as legislative requirements, rules of natural justice should be followed in internal procedures. It doesn't seem to be the case here.

Based on what I have read about the situation, the dismissal would not be considered 'fair' by a tribunal. Here's hoping they see it that way

Have they given him notice or is it summary (instant) dismissal. Summary dismissal would mean his last day of service (and pay) would be today, so they should have told him about this. If they haven't, it adds more to the view that the dismissal has been done by someone who doesn't have a clue about the process which should be followed. I'm not quite sure I follow you? He was dismissed today so I assume today is his last paid day. Are you saying he should have been told in advance about notice? I think his contract said notice doesn't need to be given for gross misconduct, even though they haven't actually stated g.misc, they might in their dismissal letter that DH requested. I have no idea

Which area of the country do you live in? There may be someone on here who would be willing to meet up with you & share some professional experience/ help you prepare for the solicitor's meeting. We are in Scotland, hopefully CAS/CAB will see us in the next couple of days.

I hope you are both prepared to challenge this organisation! Remember, you have support. We are going to argue this one as long as we have a solicitor who thinks we have a case,

Thank you :beer:

sockpuppet

Hi, hope you both feeling ok today. No - he's applied for about 50 jobs mostly through agencies, and I think he's had one reply, so not holding our breath! Just concentrating on getting help with the mortgage for the minute.

Keep with it - don't let them intimidate you. It is a pain going thru all the procedure. He's been through the appeal process and even tho he didnt want them to overturn their decision he's delayed and rescheduled and requested evidence over and over and made a complete nuisance of himself which has scored a point anyway. I was afraid he might knock the MD out at the appeal hearing - but he behaved and questioned and disputed everything and thoroughly annoyed them!

Amber07

Oh jeez, that is awful. I know it's difficult to find work but that must be so disheartening for him. Hope he has some luck soon - how are you managing to get help with the mortgage? Cos I know it's weeks before benefits will help with it.

Hopefully my DH will make a nuisance of himself as well, I don't want them thinking he is going to go quietly.

Amber07

Went to CAB this morning - bit pointless really. They couldn't tell us anything and just offered to make an appointment with their employment expert (who is only in once a week) Can't risk not seeing her for a fortnight, so we phoned a solicitor (again) and got an app for Monday morning. It did concern me that the woman we saw seemed to think the employer had followed the correct procedures.

Also had to go see about signing on - I didn't even know where the office was apparently we need to phone up and register then get an appointment.

I'm feeling very disheartened at the moment. OH is applying for any job he can, and I'm looking to see if I can get something p/t (I'm a SAHM)

Also - Dh was told on Tues he had 14 days to appeal, he got his dismissal letter this morning. They HAVE labelled it gross misconduct (they never actually specified this at his disciplinary) and now say he has only 7 days from the date of the letter to submit an appeal - which is right?

Floss

Amber07 wrote: »

........Also - Dh was told on Tues he had 14 days to appeal, he got his dismissal letter this morning. They HAVE labelled it gross misconduct (they never actually specified this at his disciplinary) and now say he has only 7 days from the date of the letter to submit an appeal - which is right?

What does it state in the company's grievance policy? Either way, all he needs to do is to write a letter saying the following:

" I am writing to appeal against the decision to dismiss me on the grounds of gross misconduct on the basis that:

• The Company failed to supply sufficient information prior to the last meeting
• The Company gave unreasonable notice by phone of the meeting date
• That issues were brought up during the meeting by the Company which were not relevant to their previous notification of disciplinary action.

As part of that appeal I am requesting that copies of all evidence discovered by the Company in their investigation be made available to me within the next 7 days.

Love & kisses,
Amber07's hubbie"

Or something like that!