Advice needed on husbands dismisal - URGENT!

Ewarwoowar2

ohreally wrote: »

One other aspect to clarify, were the investigating officers the same ones who procecuted the disciplinary hearing?

Doesn't really matter if he's done the crime. See section 98A(2) of the Employment Rights Act 1996.

ohreally

Ewarwoowar2 wrote: »

Doesn't really matter if he's done the crime. See section 98A(2) of the Employment Rights Act 1996.

It most certainly will matter if the company policy prohibits this...i've won many appeals on the basis of contaminated process due to breach of policy on this point.

This may be the type of procedural appeal which may overturn the original decision in terms of an appeal hearing.

dmg24

ohreally wrote: »

It most certainly will matter if the company policy prohibits this...i've won many appeals on the basis of contaminated process due to breach of policy on this point.

This may be the type of procedural appeal which may overturn the original decision in terms of an appeal hearing.

Ewarwoowar2 is correct, legally it is irrelevant. However, if you had read the letters of the OP, you will see that different people conducted the investigation.

I am also a tad concerned at your work history, having won many appeals?!

LittleVoice

dmg24 wrote: »

I am also a tad concerned at your work history, having won many appeals?!

I think ohreally is writing about appeals won on behalf of others!

Ewarwoowar2

Does anybody have any other ideas for grounds for appeal (other than mitigation/requesting a final written warning)?

dmg24

Ewarwoowar2 wrote: »

Does anybody have any other ideas for grounds for appeal (other than mitigation/requesting a final written warning)?

Whilst I agree that there is no harm in appealing, I feel that the reaction of the OP's husband would be sufficient to warrant summary dismissal.

specically relating to you allegedlly intimidating over members of the conversion team by using offensive language behaving aggressivly and making violent threats

Assuming that the above is an accurate representation of events, even with consideration of the surrounding circumstances, it does seem a disproportionate reaction. I could understand someone getting upset or angry, but making violent threats goes into the realms of criminality, and I can't see that the situation warranted that. The employer has to protect the health and safety of all of its staff, and continuing to employ someone who has made such threats, opens them up to all sorts of liability should a related incident occur (I doubt it would, but no one can foresee the future).

I know that it will not be what the OP wants to hear (and on a personal note, I do feel that your husband has been hard done by), but it is important to look at the situation from both sides, in order to be realistic when making the appeal x

PIGGINSCRUBBER

Thanks everyone for your comments and help, they obviously have us over a barrel, Dont think that my husband is an ogre! He just felt that a massive injustice has been done against him. He has applied for a couple of positons already, just depends if he can get a referance. Thanks again, Carol.