Dismissal while on Holiday

florincmf

Good afternoon,

I went through a disciplinary process and had a disciplinary meeting on 4th December. Now at the meeting, I was informed that it will take 2 weeks for a decision to be made. This Thursday it has been 2 weeks and got an e-mail from ER stating that a decision will be reached by the end of the week. Yesterday I heard nothing, but today I received a phone call from the disciplinary manager saying that the decision is dismissal with immediate effect since yesterday and that he will send me the disciplinary decision and the explanation through email. Now I am on holiday since today until 3rd January. I told him I am leaving the country and not sure if I am able to make the appeal.

My question now is: Is it legal or at least good practice to inform me while I am on holiday that I have been dismissed and with not too many chances of an appeal? It is probably worth mentioning that the holiday is in the system and was approved in August.

Thank you,
Florin

nicechap

florincmf wrote: »

Good afternoon,

I went through a disciplinary process and had a disciplinary meeting on 4th December. Now at the meeting, I was informed that it will take 2 weeks for a decision to be made. This Thursday it has been 2 weeks and got an e-mail from ER stating that a decision will be reached by the end of the week. Yesterday I heard nothing, but today I received a phone call from the disciplinary manager saying that the decision is dismissal with immediate effect since yesterday and that he will send me the disciplinary decision and the explanation through email. Now I am on holiday since today until 3rd January. I told him I am leaving the country and not sure if I am able to make the appeal.

My question now is: Is it legal or at least good practice to inform me while I am on holiday that I have been dismissed and with not too many chances of an appeal? It is probably worth mentioning that the holiday is in the system and was approved in August.

Thank you,
Florin

If you want legal advice please book a session with a lawyer, many do free 15/ 30 minute initial consultations or ask your union's legal team. Your home insurance may have legal advice cover.

I can't see it being illegal informing you of the dismissal whilst on booked leave (which is now presumable unpaid as dismissal was yesterday). They only have to offer you a chance to appeal, its up to you whether to exercise it. Your travel arrangements are not your employer's problem.

Were you working (i.e. attending the office/ site/ etc) whilst waiting for the disciplinary decision?

OP's other thread for continuity.

https://forums.moneysavingexpert.com/discussion/5927814/disciplinary-hearing-advice-required-please

EDITED TO ADD

And this thread which provides all anyone needs to know about the allegation.

https://forums.moneysavingexpert.com/discussion/5924211/gross-misconduct-allegation-issue

florincmf

I read on the ACAS website that the holiday accrued during the employment will be paid in full no matter what the reason of leaving the job is. Basically I have 23 days of holiday unused.

lulu650

Statutory holiday pay only. That is, 5.6 weeks (28 days) paid holiday per year which might include bank holidays