Dismissed for Gross Misconduct - Unfair dismissal and Wrongful Termination?

[JS93]

I hope you’re all well.

I really need some advice and opinions.

I have recently been dismissed for gross misconduct. I currently have an appeal and grievance in progress (awaiting their investigation and decision ) it’s been 3 months but only investigated for 5 weeks due COVID19.

I had worked for the company for nearly 10 years.

It started off as an investigation into working on a friends product at work after I’d finished work (which myself and other employees have always done since I started).

It then went onto a disciplinary with the following allegations:

-Breaching health and safety (I have photo evidence of managers and other employees breaching H&S)

-Working on friends/family products on premises

-Stealing items from the business (no evidence, witnesses or reasoning, I’ve never stolen anything throughout my employment)

-lone working: this has been done out of business hours for 6 years and has been requesting by my supervisor and line manager, checked and signed off then the accountant also checks and signs this off (I did not realise this was illegal).

I was dismissed for gross misconduct for these allegations but was cleared of the stealing.

3 months before my dismissal I was made aware by management that they had too many staff and may have to sack 2 employees. I think this is relevant to this situation as I was paid 33% more than my colleagues. However I was the only one to know and have no proof.

I have had a HR manager go through my paperwork and spoke about the process and there is a few procedure breaches in regards to the ACAS code.

I have spoken to a solicitor who wants to take on my case but since I had a lot of faith in my previous employers and how it ended, I’m lacking a lot of trust in people.

They have said there is a case for unfair dismissal and wrongful termination.

Any help or advice is very much appreciated. It has left me completely heartbroken as I loved the job.

[ULA]

What date was your actual termination from the company?

[JS93]

It was 20/02/2020. The early conciliation has been unsuccessful so I have until 05/06/2020 to put in an ET1 form.

[JS93]

I’m just making my final amendments to my ET1 currently.

[ULA]

Great, I was just checking that you were still in time to make the claim.

On what basis is the solicitor willing to take your case, fixed fee or have they offered a conditional fee arrangement? Have they said what they believe your prospects of success are and the potential value of the claim?

Were the reasons for early conciliation failing because the company was not willing to engage in the process or just that a settlement could not be reached?

[JS93]

I have contacted my legal cover insurance and their panel of solicitors have now agreed to cover the costs, I am using my own solicitor. I have got money aside to also cover any fees.

solicitors have said I have a 51-55% chance of success but have not given a valuation to claim due to its complexity.

The early conciliation failed due to not being able to make contact. I think my previous employer has not replied as they are still investigating my appeal and grievance.

[ULA]

Thanks for the update. Glad to hear you have a way to fund your claim via a solicitor. You know where we are if you have any more questions.

[Duke Martin]

I hope you’re all well.

I really need some advice and opinions.

I have recently been dismissed for gross misconduct. I currently have an appeal and grievance in progress (awaiting their investigation and decision ) it’s been 3 months but only investigated for 5 weeks due COVID19.

I had worked for the company for nearly 10 years.

It started off as an investigation into working on a friends product at work after I’d finished work (which myself and other employees have always done since I started).

It then went onto a disciplinary with the following allegations:

-Breaching health and safety (I have photo evidence of managers and other employees breaching H&S)

-Working on friends/family products on premises

-Stealing items from the business (no evidence, witnesses or reasoning, I’ve never stolen anything throughout my employment)

-lone working: this has been done out of business hours for 6 years and has been requesting by my supervisor and line manager, checked and signed off then the accountant also checks and signs this off (I did not realise this was illegal).

I was dismissed for gross misconduct for these allegations but was cleared of the stealing.

3 months before my dismissal I was made aware by management that they had too many staff and may have to sack 2 employees. I think this is relevant to this situation as I was paid 33% more than my colleagues. However I was the only one to know and have no proof.

I have had a HR manager go through my paperwork and spoke about the process and there is a few procedure breaches in regards to the ACAS code.

I have spoken to a solicitor who wants to take on my case but since I had a lot of faith in my previous employers and how it ended, I’m lacking a lot of trust in people.

They have said there is a case for unfair dismissal and wrongful termination.

Any help or advice is very much appreciated. It has left me completely heartbroken as I loved the job.

Feel sad for you as they terminated wrongfully you from the job. You have to take legal action against your company and fight for your employee's rights.
Because this kind of incident is not good for any employee in the workplace. Last year my close friend also got wrongfully terminated from his job but he fights for his rights with the help of Cummings and Frack, the best wrongful termination lawyers.

[ULA]

Duke Martin not sure why you are posting on a thread that is over 2 years old.

I would also suggest you are pointing someone to a law firm based in the USA. We are a UK site dealing primarily on legal issues covered by the jurisdiction of England and Wales.