My husband has been dismissed. Can you help with a couple of points?

woodmill

He left work last Sunday early and failed to report an accident. He works himself on a Sunday but agrees he should have called someone. He was sacked on wednesday and appeal is Tuesday. The accident he had on Sunday has resulted in his surgery - pretty major being brought forward. It didn't stop him making it to work on Monday or Tuesday before being sacked on Wednesday.

A couple of points. The person who reported him is also the same person who investigated him, conducted the meeting and sacked him. Is this legal?

The appeal is with someone else on Tuesday. This second person was consulted during the interview last week. Should my dh be able to ask for written evidence that he was consulted last week? If yes, I presume it should be a written and signed document? Dh was not present while this second person was consulted.

Any help you give is appreciated. Any questions please ask.

kara7758

There are folks on here that have far more knowledge than me, but i'm wondering if you should contact ACAS

http://www.acas.org.uk/index.aspx?articleid=1461

and have a talk with them about what has happened.

They really helped ny brother when he had employment disputes (sacked without any notice and awarded full pay and company fined after ACAS tribunal)

woodmill

Thank you. Acas said they cannot help until after the appeal. Should we try them again?

marybelle01

woodmill wrote: »

He left work last Sunday early and failed to report an accident. He works himself on a Sunday but agrees he should have called someone. He was sacked on wednesday and appeal is Tuesday. The accident he had on Sunday has resulted in his surgery - pretty major being brought forward. It didn't stop him making it to work on Monday or Tuesday before being sacked on Wednesday.

A couple of points. The person who reported him is also the same person who investigated him, conducted the meeting and sacked him. Is this legal?

The appeal is with someone else on Tuesday. This second person was consulted during the interview last week. Should my dh be able to ask for written evidence that he was consulted last week? If yes, I presume it should be a written and signed document? Dh was not present while this second person was consulted.

Any help you give is appreciated. Any questions please ask.

I doubt if ACAS will be able to help you much after the appeal either, unless this isn't a small employer which it sounds very much like it is. Small employers don't have the same requirement to involved different people at different stages, because they often don't have that many people. But frankly, even if it isn't, he's on shaky ground because even with a process fault, it doesn't change the fact that he did what he was accused of - left work early and failed to report an accident. So if the outcome is within a range that a reasonable employer would consider, and it may well be, then he's very little chance.

The fact that he went to work the next two days is not relevant - going to work doesn't negate the facts of what he did.

woodmill

Thank you. It isn't a small company. There are other managers around between the 2 depots the firm runs.

woodmill

I should also add and not sure if it makes a difference that he completed all of his required tasks before leaving on Sunday.

balmk

Hello,

Was it an accident at work which he failed to report, or did he have the accident at/on way home and then didn't call in to say that he wouldn't make it to work for some time?

Did the accident involve any company property, e.g. company car?

woodmill

Hi. He slipped over a hose in the Wash bay which caused pain and swelling to his knee which is now being replaced on 15 August. He knew he just needed to get home nd ice it and take his prescribed pain killers.

There was no one to report it to on Sunday although he could have phoned someone at home I suppose and no managers around on the Monday either until he was given a letter to attend a disciplinary on Monday evening at 5 pm.

jayII

Is there a formal procedure in place for reporting accidents when no managers are around?

woodmill

No! There is nothing in the handbook or contract. He doesn't even know if there is an accident book. We presume there is and he is going to ask to fill it in. The office is closed on a Sunday so he couldn't have done it even if there was.

mynameistallulah

If it went to tribunal, the employer would need to demonstrate that the dismissal was within the band of reasonable responses to the incident described. A breach of health and safety can be deemed gross misconduct, depending on the individual circumstances. Did he take action to remedy the cause of the accident (moving the hose to a less hazardous place?) before leaving?