Investigation and hearing for mis-conduct but dismissed for capability

TIMMY85

Hi

I have been dismissed following a period of suspension. A hearing was held for gross mis-conduct (I did not deny the offence). There were circumstances surrounding alcohol abuse which were presented in mitigation and support was requested from my employer.

I have been advised that I have been dismissed but apparently the reason given will be ill health/capability rather than mis-conduct.

Can they investigate and hold a hearing for one thing under the disciplinary policy but then dismiss (with no meeting) under a different policy? Could I appeal on a technicality?

Cheers for any advice.

pinkshoes

Would you rather be sacked for misconduct instead??

Dogger69

I imagine they are doing this so it is easier for you to get another job.

ValHaller

It is a reasonable technicality to have a try on, but you need to wait for them to commit themselves to this decision. Basically the argument is that you were dismissed for capability without being given due process for capability, and to my mind that does hang together.

But you need to think of the wider issues, because if you push the issue too hard, then the employer could just carry on with the disciplinary and dismiss you for misconduct.

Basically, you need to accept that your time with this employer is over. If you are in a Union and have a good rep who knows the ropes, you might be able to win an appeal on the capability based on lack of due process (relatively easy) and immediately resign, with the employer accepting reason for leaving is resignation (relatively hard) without disciplinary pending. That would be a very good result and the best you could hope for.