dismissed from work no disciplinary

hounder2255

advice sought. My husband has been emplyed for 11 months had no disciplinaries of any kind on file and was asked to attend a meeting last week. Was told it was not disciplinary. my husband was told he was having his contract terminated during meeting

A letter followed stating he would get a months pay in lieu of notice so fine there. However letter states he was sacked for non compliance and conduct!! However as this was a not a disciplinary he was not able to defend these claims as these reasons were in letter he got after dismissal. In his contract it states disciplinary procedures are not part of contract but instaff handbook so unsure if they are in breach of contract for not following correct protocol for dismissal. They are also seeking 100% of training fees which is stated in contract under deductions on leaving but he did not leave he was sacked without correct disciplianry

daytona0

It depends why he was sacked.... I can imagine that gross insubordination would be a reasonable reason to get rid of someone without a disciplinary.

The key question is, have you spoken to your husband about what truly happened?. The wording in your post suggests that the reason for dismissal has come to light only on receipt of the letter - I cannot truly believe that your husband is oblivious to why he was sacked without disciplinary... also a phrase such as "non compliance and conduct" doesn't really give us a clear indication of what happened, so I can't reasonably see how we could advise you if a disciplinary was expected or not!

tomtontom

It is pretty normal for the disciplinary procedure to not form part of the contract. The information given points to there not being a breach of contract here. As you are probably aware he has few other rights due to his limited period of employment.

With regard to the training fees, was this training with external providers and/ or was he aware of the costs beforehand? He is leaving the company so I doubt you'll have an argument on the wording.

lincroft1710

As he has only been employed for 11 months he can be dismissed without reason.

sangie595

hounder2255 wrote: »

They are also seeking 100% of training fees which is stated in contract under deductions on leaving but he did not leave he was sacked without correct disciplianry

Leaving and being dismissed are the same thing. The employer says that his conduct was such that he terminated his contract through misconduct. If the training amounts to a quantifiable sum of money, and if he has signed a document to agree to repayment on the terms described, then he has little chance of disputing the claim by the employer.

Gavin83

Did he do whatever they sacked him for?

FBaby

lincroft1710 wrote: »

As he has only been employed for 11 months he can be dismissed without reason.

That's what it all comes down to. They don't have to do a disciplinary if he was employed under 24 months. They didn't even have to give a reason, however, they did and maybe your husband can consider why they would have considered his conduct unacceptable.