Advice re dismissal appeal

mrsmac1

Hi, my OH was suspended from work for gross misconduct on thursday, got a letter on saturday telling him that a meeting was scheduled for monday afternoon, this gave him no time to get a union rep. to attend with him. He went to the meeting and was told to come back the next day to hear the outcome, when he arrived he was told he'd been dismissed.. is there a minimum time frame that should have been adhered to? - he will be appealing the decision

micflair_2

I have an appeal tomorrow about my dismissal.

I was suspended on a Friday and given a letter to come back the next morning, I was sacked there and then. So if you think yours is in a short time frame then think about that!

I think the word used is `reasonable' to determine the time frame, what is `reasonable' to one may not be to another as far as I am concerned. I hardly had time to collect my thoughts let alone prepare for a case. This is being brought up in my appeal 2moz. Wish your OH good luck from me, I know what he is going through.

SarEl

And did he say that he needed time to secure a union rep? Why did he attend without one?

mrsmac1

He phoned the union on the friday morning and was told that someone would get back to him before the end of the day. This didn't happen so on monday morning he rang again and they advised him to go to the meeting and ring them back and tell them what was said.

At the meeting he was told that he would be advised of the employers decision the next morning - he again rang the union and they said to ring again the next day when he heard the final decision. He was dismissed on tuesday as soon as he left the employers office he rang the union again and said that he wanted to appeal the decision to which he was told to go ahead and write a letter of appeal and they would attend the appeal

SarEl

Aha - he got dismissed for fighting? Then I wouldn't hold out very much hope of an appeal being upheld. The employer appears to have acted correctly. He was given the chance to have a union rep - if he took the advice of the union and went without a rep then that was his choice. He could have told his union that he insisted on being represented - albeit I doubt it would have helped - and asked for a postponment until his union rep was available.

The employer did not need to have HR there. And it would appear that despite what he had done the employer gave a great deal of thought to whether or not to dismiss - which is what they are supposed to do.

What happened to two other people in a different incident has no relevance - every case is different and can and should be treated on their individual merits.

Why was he fighting?

Jarndyce

Sorry but it was clearly the employee's responsibility to clock himself in and out properly. As you say, he "stupidly said..".

Just as a shop employee can be fired just as legitimately for the theft of 10p as £1000, the employer is entitled to treat even a minor breach (and I don't actually say that this is a minor breach) of the clocking in/out rules as gross misconduct and dismiss. Put simply it is fraud, deception, and a breach of trust and confidence. No tribunal would say that an employer is not entitled to dismiss in the circumstances.

So his best chance is to go hell for leather at his internal appeal, laying it on thick about his previously unblemished record, and the mitigating circumstances as he sees them.

His union, quite frankly, needs shooting. They should have insisted on him postponing the original meeting and provided someone to represent him. Now, he MUST ensure he is adequately represented at the appeal. It is his last, and only chance of saving his job.

SarEl

I agree. I took it that he had been fighting because you mentioned colleagues who had been fighting not being dismissed. But this still isn't relevant. Previous good records etc are also not relevant - you could equally argue that everyone has a first time. He would not win a tribunal on this, he needs to win his appeal.