Unfairly dismissed - advice needed

riggers1982

My husband has been sacked on the spot a couple of weeks ago. He went into work one morning and his boss accused him of bullying a member of staff and then sacked him without investigation or evidence. He received his dismissal letter and said he had been sacked for gross misconduct and they lied in the letter saying he had a disciplinary meeting which did not happen. He appealed against the decision and they sent him an appeal hearing date along with the statements etc of their reasons of dismissal. Along with the allegation of bullying, which they confirm in their statement it was only an allegation but still sacked him they have included more allegations of other things that are nothing to do with the bullying he was sacked for. Basically they have wanted him out of the organisation for a while and because they cannot pin the bullying allegation on him and havent followed the correct procedures in dismissing him (confirmed by acas) they are trying to pin other things on him. He has evidence on his works email account and in files at work to prove he hasn't done anything wrong, but they are refusing him access even when he said he can be accompanied. Is there any law or rights he can use to be able to gather this evidence?

19lottie82

How long did he work for the company? If it's under 2 years there is nothing he can do about it.

If over 2 years, get him to call the ACAS helpline.

silkyuk9

19lottie82 wrote: »

How long did he work for the company? If it's under 2 years there is nothing he can do about it.

If over 2 years, get him to call the ACAS helpline.

Why do people always think there is nothing you can do if you havent worked at a place more than 2 years. Its tosh!

My daughter works for a major supermarket and was fired after 3 months for a breach in their policy. Did we find ourselves saying tough titty you havent been there 2 years, did we heck, I got letters wrote to their HR and had meetings with them, they rolled over after 3 months and she got her job back and all money backpaid (had a lovely holiday)

People have rights providing you can prove the mishandling of the sacking etc

Takeaway_Addict

silkyuk9 wrote: »

Why do people always think there is nothing you can do if you havent worked at a place more than 2 years. Its tosh!

My daughter works for a major supermarket and was fired after 3 months for a breach in their policy. Did we find ourselves saying tough titty you havent been there 2 years, did we heck, I got letters wrote to their HR and had meetings with them, they rolled over after 3 months and she got her job back and all money backpaid (had a lovely holiday)

People have rights providing you can prove the mishandling of the sacking etc

If under 2 years they don't unless its a protected charateristic or sacking due to statutory rights.

You don't seem to understand that actually your daughters employers ended up being reasonable when frankly there seems to be little reason why they should have been.

riggers1982

He has worked there for over 2 years and we can prove that they have mishandled the dismissal. They have done no investigation before they sacked him and only have the statement from his boss that says she received an "allegation" of bullying and she was sacking him. She didn't suspend him under investigation with pay either just dismissed him and now throwing all this stuff at him hoping that something will stick. He has loads of evidence at work to prove he hasn't done anything wrong but they will not allow him access, which proves they have something to hide. It is looking like it is definitely going to a tribunal now.

Missme

Takeaway_Addict wrote: »

If under 2 years they don't unless its a protected charateristic or sacking due to statutory rights.

You don't seem to understand that actually your daughters employers ended up being reasonable when frankly there seems to be little reason why they should have been.

Nonsense. Of course employees have rights unaffected by the 2-year unemployment qualification for unfair dismissal on anything other than protected characteristics.

If an employer has breached their contractual obligations or has treated someone differently to any other employee in terms of custom and practice and procedures etc. then it's entirely possible to sue in a civil court.

People need to stop trotting out this pat 2-year thing or they need to give the broader picture.

quatrofromageo

Because they haven't gone through the proper dismissal process, you can take them to an tribunal.

However, while you're doing that, make sure your husband gets more work or at least a good reference from someone in the company he actually gets on well with.

Onwards and upwards

silkyuk9

What a load of crap im reading. So lets say a new employee has begun work for a company, the manager tells her to dye her hair black, she says no, he sacks her for this. Nothing she can do because she hasnt worked there long enough. Do you really think that would be the end of the sacking????

I do not think so!!

McKneff

Stop being so rude to each other.

Tosh, nonsense, crap, is rude. Surely if you know so much and have command of the English language you could be a little more polite.

Takeaway_Addict

silkyuk9 wrote: »

What a load of crap im reading. So lets say a new employee has begun work for a company, the manager tells her to dye her hair black, she says no, he sacks her for this. Nothing she can do because she hasnt worked there long enough. Do you really think that would be the end of the sacking????

I do not think so!!

So what legal redress would you have? Black hair is not a protected charateristic.

silkyuk9

Takeaway_Addict wrote: »

So what legal redress would you have? Black hair is not a protected charateristic.

your words are meaningless in this argument as you know you are wrong. People have rights, why do you think its cost millions to eject 1?