Appealing a Gross Misconduct - Notice of Dismissal

[vw_Mad]

Hi I'm new to this and trying to find out as much information as possible.

I'm acting on behalf of my father.

My dad currently works in the water business a sub contract to a water board. He's been doing this job all his life in and out of different sub contractors.

Now since the beginning of the year my dads life has been one traumatic problem after another. He fell ill and was in hospital for a good few months. After returning to work a week later he found out my mother has got breast cancer. (which his work are fully aware of)

Thursday there was an event that happend at his work: My dad has the responsibilities to look at all drawings of a road to establish where electrics and gas mains are. He then has to dig certain holes out to put new pipping in. My dad had planned his week of work and to finalise the job on the Friday. Thursday morning my dad received a phone call from his agent telling him the job needed to be finished on the Thursday. (Knowing my dad is under pressure as it is). Later on in the day on Thursday my dad missed a gas main on the drawing and one of his lads dug into this. Obviously this being a big thing all the "big boys" then turned up. yet not one of my dads bosses from the company he worked for turned up to represent him. My dad dealing with all the questions and problems going with this error made.

My dad was then told to head to the office Friday morning to have a meeting to investigate the matter. This meeting then went over what happened. Giving dad no indication what was to follow. In this meeting my dad had to be excused (Which his boss agreed) as my mother needed to attend a hospital appointment. And my dad was under the impression he was due to go back to work on the following Monday (tomorrow).

Since returning from my mothers appointment one of my dads work colleagues (his number 2) brought over an envelope which was a letter regarding his gross misconduct - notice of dismissal.

Now i'd like to ask if anyone has any advice where we should go from here as i feel the way the company have handled this and how they've treated my dad knowing he's under a lot of pressure at home.

I will try attaching the letter and the policy procudure.

Thanks

Natalie

[vw_Mad]

Re: Appealing a Gross Misconduct - Notice of Dismissal

This being the last page.

[leclerc]

Re: Appealing a Gross Misconduct - Notice of Dismissal

He needs his contract of employment but if he was called for a disciplinary meeting just one day after the incident that does sound to me as though he has been deprived of his rights to be accompanied by a work employee.

Very strange(I only read the first scan to come to the above conclusion so I think this one could be one for appeal.

[SPQR]

Re: Appealing a Gross Misconduct - Notice of Dismissal

I have three main concerns with the fairness of his dismissal which I would raise at appeal:
1. The fact that the conduct complained of (which I gather is the accidental digging into a gas main) does not appear to constitute gross misconduct under the company's own policy (para 5.2).
2. The fact that the Notice of Dismissal letter does not refer to what conduct the company is alleging, preventing your father having the opportunity to prepare his case.
3. The possible absence of a disciplinary meeting between the employee and employer. vw_Mad you say that your father had to leave the meeting and was excused - how much, if any, of the meeting took place?

The company should follow the ACAS Code on disciplinary procedures so that would be useful to refer to in the appeal.(http://www.acas.org.uk/media/pdf/k/b...n-Jul-2012.pdf)

I would point out to the company that because of the above reasons, it would be liable to an unfair dismissal claim if they proceeded with the dismissal. That should make them take note.

Lastly, your father has a right to be accompanied by either a trade union official or a fellow employee at the appeal hearing.

[teaboy2]

Re: Appealing a Gross Misconduct - Notice of Dismissal

Agreed with the above. And he should have been given notice in writing of his right to be accompanied when given notice in advance (with reasonable period of time to allowing him to prepare) inviting him to attend an investigatory meeting - Which must be given in writing. I.e. not verbally told to attend a meeting the next morning!

[cupidstunt]

Re: Appealing a Gross Misconduct - Notice of Dismissal

Hi,

Possibly relevant.

In a separate thread, forget where it was . Someone said they mentioned in a tribunal the ACAS code of practise and the Judge said " He didn't take notice of the code ".

So I guess what I'm asking is, can we rely on the ACAS code, if the employer has it own comprehensive policy.

[SPQR]

Re: Appealing a Gross Misconduct - Notice of Dismissal

In a separate thread, forget where it was . Someone said they mentioned in a tribunal the ACAS code of practise and the Judge said " He didn't take notice of the code ".
So I guess what I'm asking is, can we rely on the ACAS code, if the employer has it own comprehensive policy.

Yes - the employer should follow the ACAS Disciplinary Code (linked at post #4). It goes to the fairness of the dismissal.