Unfair Dismissal.... checking we're doing everything ok

SignificantAlter

Sorry, I do have another mse account but I've registered again here as I am terrified of being outed and causing problems to our case. Until recently my husband worked for a large multinational company and we've been told that if we talk about it they can sue.

Basically after long service with this company my husband was dismissed after a hellish two weeks of suspension whilst investigations were going on. He was threatened with the police if he didn't 'confess', had someone stand over him with a blank piece of paper saying if he resigned it would all be over and they wouldn't call the police..... He was dismissed for gross misconduct for damaging company property.

I can't go into it much deeper as it would identify him. The evidence they had against him was that he had signed a docket confirming that he had use of that property on certain shifts. Absolutely circumstantial evidence and actually there are a lot of other ways the damage could have occurred. THey were making wild, unfounded allegations about things they thought he was doing during shifts which we can get several independent witnesses (ie not friends of ours or employees of this company) to verify that actually no he didn't do this - at this point they backed down about the police.

My husband had a union rep in with him at these meetings. He's been with the union since he started there, he didn't join just to have the union help out on this event if you understand. The union rep simply directed him to go to a union solicitor and wasn't really much help advice wise.

Reading around the subject I discovered that actually before going to the solicitor we had to exhaust the procedure with this company first before we could consider tribunal. So we asked for an appeal form (we have to appeal this twice) and for some reason they couldn't find any forms. When I wrote a letter asking them what they suggest we do when we couldn't follow their procedure due to them obstructing it a form became available immediately. They've now acknowledged the duly completed form.

Also a final pay slip has been forwarded with his p45 - but no money has materialised in our account either by bank transfer (the normal method of payment) or by cheque, they have also underpaid by a week so we have to sort all that out too.

The union rep is being very frosty with my husband too when before they had a friendly relationship, and I've heard through the grapevine that she considers him guilty. Great when your support feels like that eh!

What I want to know is are we doing this right? We seem to have very little back up with the union despite several years' subs paid and I'm just trying to do the best I can. It's not about money (except the wages he earned and should quite rightly be paid) it's about restoring his reputation - as he is definitiely innocent. He would not do this.

So, we tried to register an appeal, when we couldn't we wrote then we could so we did register the appeal.

Just waiting for appeal to happen then will go through to next appeal if not successful.

If not successful at both appeals then to tribunal using union solicitor - is that correct? I've also been told we'll only get the initial 30 minute consultation paid by the union, again is that correct?

LittleVoice

Sorry - can't help really about what the union will cover by way of a consultation with a solicitor - perhaps it depends on the union. However, I would expect that if the first half-hour provides the solicitor with sufficient belief that the case has a good chance of being won, then they would continue. But that's just what I would expect.

Regarding the union rep who is no longer being very helpful - I would suggest going through to the regional organisation of the union for assistance.

Poppy9

Contact the union HQ and ask them for help.

It is not for the union rep to decide if he is guilty or not but for them to help ensure that proper procedures are adhered to and that he is given a chance of a fair hearing.

I assume the Union rep works for the same company and maybe more worried about keeping their job than helping your OH.

SignificantAlter

I think I will, feel like I'm stumbling around in the dark here!
WRG to the rep, yes I can see that's a possiblity, they've been dismissing several people for the slightest thing in the past few weeks and my husband is the only one fighting back!

olias

Go through the acas website www.acas.org.uk and they have all the steps you need to take for grievance/tribunal etc etc

Olias

grey_lady

Personally, i'd say forget the union legal advice and seek independent representation at this point. Bear in mind that you havent described the exact situation so its hard to understand, but independent legal represenation is your best bet. Firms arent allowed to bully in this way.

ceridwen

I'm wondering what happens to OHs job when he is proved innocent of the allegations - they should logically give him his job back - as the reason (ostensibly) why he was sacked was because of this incident.

Working on the basis that he is innocent - I think thats appalling to malign someone's reputation like this for the sake of achieving the savings from losing a member of staff. Personally - I think it would be much the safer option not to even try to get the job back. If they play THAT dirty to reduce staff numbers - goodness only knows what else they are capable of.

Somewhere along the line - once you have got your case against them up and running - I am wondering what the possibilities are of approaching them and saying words to the effect of "I know I'm innocent/you know I'm innocent - we can forget this whole thing and I wont fight you for my job back when I'm proved innocent - PROVIDED we do a suitable compromise deal right now - and I expect a high payoff under this to make up for the extra stress you have caused me by maligning my reputation like this."

Dont know how this would work out legally in this situation - but maybe something along these lines would be possible.

I think that people who dont have a good reputation themselves dont really understand just how much a good reputation is "worth" - so think little of maligning someone else's reputation unfairly.

SignificantAlter

TBH he doesn't really want that job back - other than restoring his reputation and getting a good reference and all these allegations acknowledged as false we only would look for loss of earnings in the period he's unemployed, he's working really hard to get another job bless him but with this hanging over him an already tough task in today's financial climate will only be harder!

Poppy9

Any update OP?

Amber07

Just to offer some support - my Husband is just heading towards the tribunal stage after his employers dismissed him and claimed it was for gross misconduct so I know how worrying and stressful this process can be.

Your union rep sounds awful - do you have any chance of getting someone else? My OH doesn't have a union so he is self representing - hoping to get back to CAB for some more advice on doing this.

I assume his next stage would be the appeal hearing (have you heard back yet - what date did you submit the appeal form?) - make sure you get copies of any 'evidence' or witness statements they may have before the appeal so you can make sure he is fully aware of what he is fighting against. It helps to write out his statement about every part of the argument they will put forward, also write down any questions he has that he wants answered himself.

Good luck - get back to us

Amber07

Just wondering if there's any update on your situation OP?