Employer trying to dicipline my partner after summary dismisal for a different issue

[Doogie T]

My partner was sacked over the phone for allegedly being rude to a member of staff. She was sent her p45. After writing a letter of appeal and recieving no response she was surprised to recieve a letter summoning her to a disciplinary hearing about another matter entirely. The letter was sent three weeks after recieving her P45. She is currently in discussions with acas over wrongful dismisal. Is she under any obligation to respond to this. What possible reason could they have for trying this on ? Kind Regards

[efpom]

As the employee was dismissed from her employment,there is no contract of employment currently existing. The fact that a P45 issued, one of the formalities an employer must undertake as a matter of law, following cessation of employment is evidence of that.

So the employer has no rights left, that would entitle it to set up a disciplinary 'hearing'..

Question:Why, nevertheless would it attempt to do so?
Answer:Only the employer knows.

However, a respectable argument could be put up that the fact that the employer attempted to hold a disciplinary hearing, and on other grounds, suggests strongly that it believes that the original dismissal was unlawful and wrongful. In industrial language, the employer is attempting to put the s1ht back into the horse!