is this unfair dissmissal?

[emmathomas]

Help needed please.............

 

My husband has just been sacked today by his work.

 

3 weeks ago he was assaulted by a member of staffs BF after all staff refused a 1-1. They were not doing their jobs properly after countless training and friendly discussions. After realising the collegue may get into serious trouble for her BFs actions all members of staff made false allegations towards my husband, saying he was rude, angry, was stealing etc etc. He was suspended on full pay whilst they were investigated. He had a disciplinary and handed in a doctors note as he was diagnosed as having under lying depression. The collegue was never punished for allowing her BF to assault my husband!!!!

 

Last sunday we recieved a call from the police saying the BF had been formally cautioned.

 

The tuesday after that the area manager called to say she would be talking to staff and could my husband answer a few questions and meet her at a coffee shop that day. He did and new allegations had suddenly come to light (after the police had cautioned BF). ( i thought you had to give 24hours notice before a meeting)

 

All previous allegations had been cleared and my husband was clear and he could have returned to work except for these new allegations.

 

He had a 2nd disciplinary yesterday and was presented with the notes from the tuesday (again i thought you had to have the notes for 24 hours before a disciplinary?) He was told he would have to wait for the outcome today. They rang this morning and said he was sacked.

 

He does not yet know exactly what he has been sacked for.

the allegations included taking company property - we borrowed the hoover and swapped it with ours temporarily because it worked better on out carpets - taking bribes from a customer - they were gifts for our wedding anniversary, brithdays etc - not charging a customer late fees for a service - my husband used his managers discretion for a very very long standing customer that generated a lot of profit for the store.

 

He has also just recieved a call from a manger from another store who had just been informed by the area manager that my husband has been sacked (area managers dont work weekends!!!!) which i think is disgusting as he hasnt even had the letter through yet!

 

He has 10 days after the letter has been recieved to lodge and appeal which we will do.

 

I think the way they have handled everything is un professional and incorrect as the first allegations were cleared as there was no proof and a full audit had been done which showed not 1 item was missing! all the cctv was checked and re-viewed showing none if the alleged events. The 2nd allegations only came out as the BF had been cautioned and the employee was 'upset her boyfriend had been cuffed and arrested'.

 

Surely they should have said all the allegations for the first disciplinary, not waited and then tell them. They also accused my husband of lying about the ammount he has his son and said that he has his on thursdays and every other weekend, which is also incorrect and nothing to do with any of them. He was also accussed of lying about a court custody battle we had to gain equal access!!!!!!!!

 

Any help would be much appreciated as we are now in big trouble, my wage does not cover all the bills, i stand to looses my house, the car etcetc

 

sorry for the long post

 

thanks in advance

[raydetinu]

Sorry about your troubles and the way its turned out.

Have you checked with the company procedure manual to see if they were followed. does he belong to a union? did he have representation or the oppotunity to have representation or at least a colleague or friend with him at the time of the hearing. Were any of the allegations substantiated or evidence provided in support and how did he answer them? try contacting the CAB to discuss the legal procedures apllicable. good luck.

[emmathomas]

Hiya thanks for the quick replay. My husbands work does not have a union, he was only allowed a member of staff to accompany him but he didnt trust or know anyone well enough to involve them in this.

 

There was no substantial evidence apart from what the employees had said.

 

He answerd them to the best of his ability and knowledge.

 

He had been with the company for 3 1/2 years and the manager for 3 of those years, he does not have any marks on his record nad has won several awards for the shop and continuously hit targets set! Which is why this is difficult to digest that he has been sacked.

[raydetinu]

It did not have to be a work colleague, it would be your husbands chouce and he could of deffered the hearing to when somebody was available. also he could have recorded the interview. The results of the hearing must be put in writing and they have to give the reasons behind their decision not just the result or actions. Again did they follow set procedures?

Speak to CAB and/or solicitor ( free half hour consult ) they will advise, but sounds as though you would have a case for unfair dismissal. good luck let us know how you get on.

[patdavies]

It did not have to be a work colleague,

 

It can only be a work colleague or union rep.

[raydetinu]

I do come back to the procedures, have you checked that everything was done in accord with the companies procedures and you were advised in writing what was going to happen at the hearing. I believe you can have a friend at the hearing who is not another employee? could be wrong though.

they can summarly dismiss you for gross msconduct and ave they put that in writing yet.

[emmathomas]

Hiya just an update, my husband has been sacked and we are lodging an appeal against this as we have been informed that we could go for constructive dismissal due to errors in the procedural side.

 

here is the letter:

 

Having received the notice of dismissal on the 25th June 2009, I wish to appeal against this. There are several reasons behind why I want to appeal.

This first started when I was assaulted by J's partner after work. She was present at the time and the assault was a result of her extending a dispute outside of the work place. Your duty to protect and care for your employees was compromised as she was in no way apprehended for her part in the assault, as it would never have happened if she did not extend the dispute. This caused me a great deal of emotional distress not just to me but to my family also. I no longer feel able to go into the town centre for fear of it happening again.

I was subject to two disciplinary meetings. The first one included a vast array of allegations following meetings between E c and the staff members. All of the original allegations were discounted. I provided the relevant information that you requested and the doctor’s note which stated I had depression brought on from several recent traumatic events in my life. I have been described anti-depressants and will be attending counselling. I was told by N B that this was enough for me to return to work.

I received a phone call from E C on Tuesday 16th June 2009 at 9:27 am, asking me to meet her at Costa coffee to have a chat and answer a few questions. This was an informal meeting between myself and E C, however when I received the letter inviting me to the second disciplinary it stated it was an investigative meeting. Investigative meetings should be carried out in the work premises, in order to be formal.

I attended the disciplinary on Friday the 19th June. I was presented with the notes from Tuesday. I should have been given these at least 24 hours prior to the disciplinary so I could prepare accordingly, instead I had a limited time. I was told I would be informed of the outcome by the end of the day or Saturday. I received a phone call at 11:12am from N B on the 20th June 2009 which I accidently missed so I redialled at 11:13am and was informed that I was being dismissed, and that she had consulted the legal department and HR. I should have been re-called to an interview to explain why I had been dismissed, and then written to. Later that day I received a call from R B, the Leicester store manager, at 5:50pm on 20th June 2009, asking if I was alright as E C had told him I had been dismissed. This is appalling conduct as I had only been informed that day and was still unsure of the exact reasoning and yet other managers had already been informed.

I have consulted ACAS on these matters and they have informed me of the correct procedures that should have been conducted as outlined above.

I am currently seeking legal advice on these matters in order to ensure I receive a satisfactory reference for future employment.

 

 

 

Please let me know if you think this letter is incorrect or unsuitable in anyways

 

thanks as always

[heliosuk]

From your posts it would seem that the correct procedures in relation to the dismissal were not followed. If these procedures are not followed and within the time limits set then at a tribunal it will be seen as an automatic unfair dismissal. I can hardly see this was consrtuctive dismissal as that is where the employer makes life so difficult but you have no option but to resign.