Can i claim unfair dismissal?

3LITTLEPIGS_2

Hi
don't know if on right board but anyway......

My husband was forced to leave his job of 17 years today after being accused of taking stock from work to give to a member of his family who also worked there but left of own accord last year to start a succesful business on his own (doing the same thing)
One of the bosses hated the fact he did this and they parted on bad terms.My husband didn't want to leave but after being accused when it wasn't him he walked out saying will be back mon morning to sort out final details.....nothing has been put in writing and my husband never had a contract in 17 years-the firm is around 35 people.Should he of walked out-will he have a leg to stand on as my husbands word against his boss??
What should he do?
Any help appreciated!

tanith

I don't have much advice I am sure others will but I suggest that given time to calm down and think both the boss and your husband may both want to think again. If they have worked together successfully for 17yrs I am sure this can be sorted out between them.. They cannot just accuse him without proof anyway... I hope sense will prevail and your husband can sort this out without having to leave his job....

rrwfotr

Hi I don’t think he could claim unfair dismissal route as he walked out. He may have to go down constructive dismissal route i.e. unfounded accusations.

If nothing been put in writing it may be worth him going onto work Monday and writing a formal letter to the director of the company stating that he is unwilling to work under conditions where he is being accused of a crime without any evidence. And if there has been a crime that has been committed the police should be informed etc etc. Him walking out is most probably what the director wants so he doesn't have to pay the 17 odd weeks statuary redundancy payment he is owed.

He may also be worth going to a solicitors tomorrow morning to get them to write a strongly worded letter to the employer stating his feelings. Walking out most probably didn't do him any favours but in the heat of the moment these things happened and was most probably pre-planned.

Luvly.cuppa.T

He can certainly claim constructive dismissal, whereby an employee leaves due to forces at work that are undue. ie has left as he feels he cannot work there any longer from the treatment he is getting and against his statutary rights (This applies after 1 yrs service to any one)

He now needs to put in a grievance to the next highest in command, so to speak,and state that it is a grievance in his letter.(this has to be done within 3 months-I think, but best to crack on with it) Obviously stating all that has happened. The proceedure is then a reply to meet within 28 days from the date of the letter (date sent), to convene and hear his side. Also the person whom he is writing the grievance against, will have this chance.

he does not have to meet with the person whom he has a grievance against as he has left work, and should state this in the letter if he so wishes not to deal with this person again. He also needs to state in letter what he wants out of this ie an apologie, job back with proper terms, compensation etc.

If there is no reply then he can apply for a tribunal.

Other than that , he can turn up to work as normal on the next day he is due in and see what happens. He can choose to 'work in protest', I think (?- maybe this is related to contracts only) whilst this is sorted. If if is believed that your partner took stock, then it needs to be sure and a writen statement saying that up to 10% of his wage will be deducted every month until the full amount is paid.Your partner needs to agree to it, or appeal otherwise. I am not sure what proof is needed though on this ie did HE actually take it? If they have something on him, ie HE did take it , then the company can persue it even though he has left.

the fact that your husband had worked there for 17 yrs will go in is favour , and also if anyone else has made a complaint will too against this boss. However, all grievances need to be investigated , so it can be on an individual basis too.

I hope this helps.

3LITTLEPIGS_2

Hi thanks for replies........
no he did not take it and they had no proof to accuse him-they have used him as a scapegoat as stock is going missing and as his brother works in direct competition with them they think he is taking it to supply tohim.
I am going to write up the letter for him saying he was forced to leave as impossible to work in an enviroment where he is being falsely accused of taking stock, but unsure how to work the fact hewants some kind of compenstation for loss of job security while he finds another job- does anyone have any ideas?
THanks!

Fleago

Please be very careful 3littlepigs. Constructive dismissal is a very tricky area of employment law and being successful in such a claim involves a lot of factors. Before writing any letters, I would recommend that you or your OH speak to ACAS first thing on Monday morning and take their advice. If your OH is in a Union, I would recommend getting them involved too.

Good luck,

Fleago

jobbingmusician

Does your husband actually want to leave the company or not? I'm not 100% sure from your post.

In any case, your case is weakened by him having walked out. Fleago is quite right that very few constructive dismissal cases succeed.

In either case, I would advise him to go to work as normal on Monday, armed with a grievance letter against his boss, and apologise for walking out (with the reservations below - keep reading!). He should follow this up assertively and state that he cannot work with this man any longer (which is why he walked out). He should state that on Friday he felt that he was being constructively dismissed, but that he is willing to try to sort things out for the sake of the company. However, the accusation of taking stock without any evidence is slander, and he is taking legal advice over this (that'll scare them!)

Depending on whether he wants to leave or not he is then in a position where he can encourage the employers (who sound like a bunch of wallies) to lose their temper and sack him on the spot (great case for unfair dismissal) to apologise and enable him to continue in post, or to behave in another way where he can get advice on what to do next........

prudryden

He needs to go back to work and seek specialist advice. He wants to push them into making him redundant and then hold out for a good payoff. Having said that, specialist advice is a must.

jobbingmusician

PS The fact that it's your husband's word against your boss is a good thing - your husband's story can now be that he was so cross he left work to stop the argument escalating further, and said he'd be in on Monday to sort things out. If he doesn't want to leave, or sees the value in extending the process to give the employers more time to trip up, he can say that of course he would not just walk out on a job of 17 years (and by the way it is illegal for him not to have a contract!)

thriftyjo

Havn't got any legal advice to offer but after being in a similar situation a while ago, made to feel that I had no choice but to leave - I took the easy option and left - half wish now that I had had a bit more back bone .... but I did feel so much better once I had left! Anyway hope you get some good advice from ACAS or CAB your husband needs this resolved as it is a taint on his CV otherwise - I can't believe the cheek of some people!

3LITTLEPIGS_2

Hi
thanks for all advice....
it is an tricky situation as the company is small and previous to this everyone got on brilliantly-the 2 directors are brothers and next down is their brother in law-i suppose what is worrying my oh is that they will stick together and lie if need be to get out of any dismissal case??

Another query is as he left and said he's leaving due to the accusations and will be in MOn to sort his stuff out in his work van also that he can't work 2 weeks notice if accused of this-can they hold this against him as doesn't resignation need to be in writing??
One of the brothers believes he didn't do it-the other one doesn't.(the one who hated the fact his brother had the guts to leave and start up on his own)

The thing is my husband never wanted to leave but feels how can he return now accused of that??