Dismissed today - please help what to do next

mandragora_2

If you go to tribunal, best not to have any lies anywhere on the record. Tell the truth, keep proper records, get good advice. See if you can find a good employment lawyer locally who will give you a free initial advisory session.

jazzyman01

I would take a copy of the letter stating that he is able to do personal work. Although this may relate to the old company he transferred to the new one with the same employers and in the absence of anything else he has continue to act in the same way. If there is an IT policy that states he is not allowed and this was widely distrubuted and acknowledged as being received by him he has little chance. Would push that in the absence of an IT policy not unreasonable for him to continue what he has always done - no impact on the company as it is not related and he has more than covered any time used in doing this.

taba

Meeting did not go well, they were very aggresive and it was eventually agreed that they are going to put in writing the questions they have about the appeal, one of the two said that this needed to be sorted as it was costing them a lot of time and money! I think the decision was that he was going to be dismissed prior to the first meeting and they did not expect any appeal, I think we will now see a lawyer before replying to their questions, he did take a colleague in but they asked them to leave partway through.

Thank you to everyone for your good wishes.

elsien

Sounds to me like they're driving a coach and horses through their own procedures. They surely can't give him the right to take a colleague then turf him out halfway through, especially if today's meeting was the appeal, which was the impression your earlier post gave.
I think you're wise to consult a lawyer, and in future I'd suggest you make them stick to the procedure re having different people on the appeal panel to the original disciplinary.
Must be awful for you both to have it keep on dragging on like this though. Make sure you keep your own records of everything that's happened so far, what they've pushed you into and make them put everything to you in writing from here on in, so you all know where you stand.
Keep fighting.

taba

elsien wrote: »

Sounds to me like they're driving a coach and horses through their own procedures. They surely can't give him the right to take a colleague then turf him out halfway through, especially if today's meeting was the appeal, which was the impression your earlier post gave.
I think you're wise to consult a lawyer, and in future I'd suggest you make them stick to the procedure re having different people on the appeal panel to the original disciplinary.
Must be awful for you both to have it keep on dragging on like this though. Make sure you keep your own records of everything that's happened so far, what they've pushed you into and make them put everything to you in writing from here on in, so you all know where you stand.
Keep fighting.

We have mades records of every call, conversation, and we will keep fighting becoming more determined than ever.

taba

We we finally received a letter from them after the appeal meeting, it did not contain the questions as discussed at the meeting but advised that due to my husbands refusal to answer their questions at the meeting they had no option but to uphold their decision.
At the meeting they did hand him pages of screen shots of times he accessed his 'private file' on his computer, it looked as if he had spent all his working time on private work but when we analysed the dates time it totalled 19 times this year during working hours, that could have been when he took a break that day so it really does not tell us very much. It only gave what time a file had been opened not how long it was opened for or if it was worked on.
They also said that he was aware that another employee had been sacked this year for doing private work, he has no knowledge of this and if he had know would never have put his job in jeopardy. Another point made at the meeting was that the other director had spoken to him in April this year about doing private work, this conversation did not take place, this is the director they wanted to hear to appeal meeting.

So our next step is to fill out the forms for the tribunal, have downloaded the forms so just have to fill them in now which we are not looking forward to.

taba

Asking for help again, we have applied for legal assistance from household insurance, I have just read that we could have chosen a solicitor but at the moment our claim is being assessed by the company used by the insurance company, if their solicitor agree with have a claim do we have to proceed with them our could we change to a solicitor of our choice?

unemployedJCP

I think generally speaking...

1) if you can prove that there was a policy/writen letter previously about doing private work in a previous business that has the same management and staff as the newer company (i.e. could be treated as the same business) and nothing given since to contradict that

2) if the old and new business didn't have an IT policy or if you never signed anything confirming you have seen and agreed to comply

3) was the file times the time it was opened, accessed or modified? If any of the times are around lunch or other breaks (taking in mind some employers have flexible times for breaks - i.e. on a rota) it should be less severe

4) they claim someone else was sacked for the same reason and that a discussion took place about it - which he denies. It would be fair to obtain information about the previous dismissal (if true except sensitive details) to ensure he is treated fairly and to receive a copy of the letter confirming the discussion with the director. Generally speaking line managers such as supervisors might have a (not so) friendly chat with you... directors and CEO etc. would normally always follow good procedure to confirm such a conversation in writing i.e. keeping a record of it. This should be contained in his HR file. If not, it is their word against yours.

Horace

You can change to a solicitor of your choice, ideally you want someone who is a specialist in employment law, those connected to household insurers tend not to be specialists. Also your OH need to start proceedings with an Employment Tribunal - this can be done online, he has 3 months from the time of the incident to submit so he needs to get in quick.

taba

Thank you both for your replies, we don't have anything in writing that private work was allowed but he did not have a contract at the previous business, we do have several people who worked there who will write a statement or appear at a tribunal to confirm this.
We would prefer to chose a solicitor do you know how we go about doing this at the moment although insurance co agreed it is being assessed at their chosen solicitor.
We are in the process of filing the ET1 Form we should finish it tomorrow but are finding it difficult to make sure we put enough information in without it being to wordy and long!