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Case Study - Your Thoughts
sho_me_da_money
Posts: 1,679 Forumite
Hey guys,
I am developing a hobby for learning about HR/Employment law and as such have been presented with a few real life cases. Today I have the following:
Case Details
1. Employee requested to attend premises on day off
2. Employee arrives and is told that unless he/she can give a good enough reason in this meeting for the offence he/she is about to be informed of for the very first time, he/she will be summarily dismissed for Gross Misconduct in respect to an offence that took place a week ago.
3. Employee was not given any information in advance - letter, allegations, witness statements, an invitation! (other than the phone call), investigation, opportunity to be bring in a witness, absolutely nothing, zilch, nadda. He/She is smacked with it FULL ON in this one unplanned meeting.
5. Employee gives his/her version of events and believed to have provided a satisfactory answer.
6. Employee is asked to go outside for 5 mins.
7. Employee returns and is informed he/she is dismissed effective now and any personal contents in his/her draws will be sent to their home address.
Now I've read the disciplinary procedure in which it states that Gross Misconduct can warrant immediate dismissal but I am not sure if this applies here considering the allegations seem to align moreso with reasons listed under the incapability and/or conduct sections. Additionally, the response offered by the employee actually lessened the original allegation.
The DP explains how a) an investigation must take place before action is taken, b) if a DP hearing is to take place, the employee is given 3 days before any hearing is to take place, c) in situations of Gross Misconduct, a decision will not be made without reference to a director etc. None of this was followed.
Now here's the killer part the employee is about 2 weeks shy of the 12 month service mark, does he/she have any legs to stand of? Another forum (where I copied the above from) seems to suggest this can be deemed "Automatic Unfair Dismissal" as the employee has a strong case for the following breach:
employee was dismissed without statutory dismissal and disciplinary procedures having been followed
Surely a 12 month qualifying period still applies for the above?
I am developing a hobby for learning about HR/Employment law and as such have been presented with a few real life cases. Today I have the following:
Case Details
1. Employee requested to attend premises on day off
2. Employee arrives and is told that unless he/she can give a good enough reason in this meeting for the offence he/she is about to be informed of for the very first time, he/she will be summarily dismissed for Gross Misconduct in respect to an offence that took place a week ago.
3. Employee was not given any information in advance - letter, allegations, witness statements, an invitation! (other than the phone call), investigation, opportunity to be bring in a witness, absolutely nothing, zilch, nadda. He/She is smacked with it FULL ON in this one unplanned meeting.
5. Employee gives his/her version of events and believed to have provided a satisfactory answer.
6. Employee is asked to go outside for 5 mins.
7. Employee returns and is informed he/she is dismissed effective now and any personal contents in his/her draws will be sent to their home address.
Now I've read the disciplinary procedure in which it states that Gross Misconduct can warrant immediate dismissal but I am not sure if this applies here considering the allegations seem to align moreso with reasons listed under the incapability and/or conduct sections. Additionally, the response offered by the employee actually lessened the original allegation.
The DP explains how a) an investigation must take place before action is taken, b) if a DP hearing is to take place, the employee is given 3 days before any hearing is to take place, c) in situations of Gross Misconduct, a decision will not be made without reference to a director etc. None of this was followed.
Now here's the killer part the employee is about 2 weeks shy of the 12 month service mark, does he/she have any legs to stand of? Another forum (where I copied the above from) seems to suggest this can be deemed "Automatic Unfair Dismissal" as the employee has a strong case for the following breach:
employee was dismissed without statutory dismissal and disciplinary procedures having been followed
Surely a 12 month qualifying period still applies for the above?
0
Comments
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Tell the employee to get advice from someone who is qualified, rather than someone who views their future as a hobby.0
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Tell the employee to get advice from someone who is qualified, rather than someone who views their future as a hobby.
Indeed.
They have been consulting a professional however, given that I dont have any details of those conversations, I wanted to learn and gauge a view from what some of you well versed folk.0 -
There are no statutory dismissal and disciplinary procedures any more, so whoever told you that is out of date. I'm sure someone with more time than me will elaborate for you.0
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Does make you wonder if a lot of law is badly written just to keep lawyers in work.0
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There are no statutory dismissal and disciplinary procedures any more, so whoever told you that is out of date. I'm sure someone with more time than me will elaborate for you.
That is correct. I found out following your post and doing some research.
It seems the employee only has grounds for wrongful dismissal due to breach of contract and can only recover damages in relation to their 4 week notice period (as no other benefits were paid to him/her).
If the Wrongful Dismissal was accepted and won, could the employee have the dismissal tag removed from their profile as it serves as a detriment to their ongoing job hunt?
For the record, the employee cannot claim unfair dismissal on the grounds that they have only been employed 11 months and 2 weeks.0 -
If this field interests you maybe look at something such as a CIPD qualification in HR Management to start getting an appreciation for legislation that underpins Employee Relations as well as other areas of HR.
I work within HR and in my own opinion the reality is that most claims are based around an employees perception their "rights" have been violated, or that their treatment is "unfair", whereas in the majority of cases there is no law that supports them and it is more disgruntlement over the approach of an organisation.0 -
If this field interests you maybe look at something such as a CIPD qualification in HR Management to start getting an appreciation for legislation that underpins Employee Relations as well as other areas of HR.
I work within HR and in my own opinion the reality is that most claims are based around an employees perception their "rights" have been violated, or that their treatment is "unfair", whereas in the majority of cases there is no law that supports them and it is more disgruntlement over the approach of an organisation.
Thanks for the advice friend.0 -
Said employee is not a nursery worker are they?
0
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