Disciplinary hearing AFTER last day of service?

[PhilJ]

Hi there

Last year, a work colleague was accused of a serious allegation/gross misconduct (said to have taken place outside of the workplace, with a fellow employee). A work investigation took place, then their disciplinary hearing was put on hold while a police investigation was carried out. During this time, the workplace held a redundancy consultation and my colleague decided to take voluntary redundancy. They served their notice period and their last day of service has just passed. However, now the employer has notified them that the police investigation concluded with nothing to add to the case, but the employer wants to continue with a disciplinary hearing which may have the potential to impact my colleague's redundancy compensation.

Common sense would suggest that since my colleague has passed their last day of service and is technically no longer an employee, the matter is resolved and the employer can't do anything. But I've heard that there may be some case law which allows the employer to continue with an 'on-going' disciplinary case and reteroactively impose changes to the mutual redundancy agreement/dismiss them. Is this the case?

I'd appreciate any help on this.
Phil

[ULA]

I think that this may be the case you are referring to which is Williams v Leeds Football club.

[PhilJ]

Hi Ula

Thanks for your help. I had a look at the case you mentioned and it seems the only parallel I can gather (from a layman's pov, so forgive any mistakes) is that Leeds FC were allowed to justify their dismissal after finding evidence much later down the line, after the time of termination. Williams was dismissed while on his notice period, whereas my colleague has finished his notice period, is no longer employed there and had not been dismissed while employed.
I can't tell if the Williams case sets the precedent of a retroactive decision to dismiss. Or maybe the employer, which has a history of dodgy working practices, is simply pushing ahead in the hope that my colleague will just go along with it.

Any advice would be much appreciated!

thanks
Phil

[ULA]

There is a case which may help support your colleague's position which is Cavenagh v William Evans Limited. Based on this case your friend could argue that the contract has been terminated due to redundancy, they have served their notice and left the employment of the company. If the company had wanted to make an argument for dismissal for gross misconduct they should have recommenced and concluded the disciplinary process prior to the end of the period of notice.

I am not a lawyer and it maybe that your colleague should speak to ACAS.

[PhilJ]

Thank you Ula! That's a very interesting and helpful case.