Employment Law question

AlfonsoM

One of my workmates was dismissed last month on the grounds of a conduct issue. He has stared the process of lodging a claim for unfair dismissal and I think he should win this without any problem as our boss had planned to sack him in advance.

I have found e-mails on the company computer system that prove our boss and the MD had planned to sack him.

Can these e-mails be used as evidence and how can this be done without me losing my job?

Googlewhacker

how long had he worked there and is it worth risking getting a bullseye on your back?

AlfonsoM

He worked for the company for 12 years. I feel very strongly this message must be used to help him win the case. How can I use this to help him and protect myself?

Sambucus_Nigra

Before you go there....did he DO the thing that he was sacked for and was it gross misconduct.

Just because they were planning on getting rid doesn't mean he didn't do it and thus deserve to go.

LittleVoice

AlfonsoM wrote: »

I have found e-mails on the company computer system that prove our boss and the MD had planned to sack him.

Can these e-mails be used as evidence and how can this be done without me losing my job?

Emails could be used as evidence. It might prove the process was flawed but this isn't worth much if the end result would have been the same.

He could put in a subject data access request under the DPA. This would need to include reference to searching for emails.

RedSoleShoes

AlfonsoM wrote: »

One of my workmates was dismissed last month on the grounds of a conduct issue. He has stared the process of lodging a claim for unfair dismissal and I think he should win this without any problem as our boss had planned to sack him in advance.

I have found e-mails on the company computer system that prove our boss and the MD had planned to sack him.

Can these e-mails be used as evidence and how can this be done without me losing my job?

They planned to sack him, wrote it in an email, then did sack him....

I'm not sure how you think the email will help him? Unless you are not telling us everything.

System

You say you found emails? In somebody else's email account? Your job doesn't look to secure then if you make these public. Even if you are the IT manager, what you propose is gross misconduct.

SarEl

LittleVoice wrote: »

He could put in a subject data access request under the DPA. This would need to include reference to searching for emails.

That would only ensure that the e-mail disappeared without a trace. And no evidence that it had ever existed. Think about it - DPA requests only work if (a) the employer is honest and (b) you know the material exists. How do you request something that you have never seen and don't know exists (unless someone inside told you - and that person is prepared to hold their hand up to knowing it exists and act as a witness as to its existence); and what do you do when they don't disclose it - claim psychic abilities with the IT?

I would agree that there is more to the story, and whether it is worth the risk you are considering does depend on what it says and what your colleague did or didn't do. For example, it might not be strictly fair of me to tell my parner that I intend to sack John Smith at his disciplinary when I haven't yet heard the case; but it wouldn't really be a smoking gun if John Smith had stolen last months wages and I could prove it, would it?

zzzLazyDaisy

If the e-mails show that the company planned to dismiss him, and the evidence shows that they then set about constructing a case against him so they could sack him, then yes, the emails may well be relevant.

Although employers who do this sort of thing often also mess up the procedures, so there may well be other things that he can raise.

How can you give him the emails without putting your own job at risk? That will be very difficult as these things have a way of getting out. However, your friend can ask the tribunal to make a witness order which compels you to come and give evidence to the tribunal, and you would then be able to show the employer the order. It is contempt of court to refuse to comply and it would be unlawful for the employer to dismiss you for attending the tribunal and telling the truth under oath. Having said that, they may well make your life difficult.

Unfortunately, without knowing more about the reason for the dismissal and the way that the employer carried out the procedure, it isn't possible to say whether these e-mails would have made a difference to the eventual outcome.

LittleVoice

SarEl wrote: »

That would only ensure that the e-mail disappeared without a trace. And no evidence that it had ever existed. Think about it - DPA requests only work if (a) the employer is honest and (b) you know the material exists. How do you request something that you have never seen and don't know exists (unless someone inside told you - and that person is prepared to hold their hand up to knowing it exists and act as a witness as to its existence); and what do you do when they don't disclose it - claim psychic abilities with the IT?/QUOTE]

Quite difficult to erase - it's not just a case of hitting the delete button.
It is not unreasonable for a dismissed employee to believe there would be emails on the system which mention them. I expect there are emails on my employer's email system which mention me by name but I don't know what they say.

AlfonsoM

There is a quote in one of the e-mails from the MD "we need to find a way of sacking him, I'll leave this bit to you". He was sacked a week later for an issue that at worse he could have received a warning. He had a totally clean disciplanary record. There is no dobut in my mind the MD and the manager constructed a case to dismiss him and the e-mail is very damming.