Unfair Dismissal?

[Muninn]

My 6 year employment was terminated mid July for alleged Gross Misconduct.

I was signed off sick for three weeks starting in second week of June 2025 after a complete mental breakdown. Four statements of allegations made against me were collected, and one witness statement (that did nothing to corroborate one of the statements). These statements were collected while I was off sick in mid-June. While I was off I discovered that an investigation was planned through gossip and when I spoke to my Line Manager about coming back to work I discovered HR were also on the call to tell me formally. On my return the Fit Note specified Occupational Health involvement but this was disregarded by HR.

The day after I returned to work they called me into the investigation meeting. I had no representation and I was still on the phased return to work.

One allegation of inappropriate behaviour was made 11 months ago, but the first I heard of it was during the investigation process..

One joint statement used in the investigation was by a pair of brothers who were themselves summarily dismissed for bullying another employee on their team prior to my disciplinary and I had had no interaction with one of them.

At the end of the disciplinary hearing, although I disagreed with the allegations, I requested sensitivity training and and other training or courses deemed relevant, and that I would apply those lessons immediately.

The outcome was that I was dismissed for alleged Gross Misconduct which I still dispute.

My previous manager was targeted after he was signed off for several weeks due to severe depression, anxiety and stress brought about by the workplace, and was offered a settlement to leave which he accepted.

I was notified on 17th July that my company private healthcare benefit had been withdrawn as of 1st June which was before I'd even been signed off sick which I find suspicious.

I will be formally raising a Subject Access Request as per UK GDPR.

Based on this information, is it likely that I have a case for unfair dismissal after I have inevitably exhausted the Appeals Process?

[ULA]

Based on a very short post and not seeing what the company alleges and is providing in evidence to support your dismissed for gross misconduct, it would be very difficult to say that you definitely have a claim for unfair dismissal.

However I do have the following observations which may be useful in your appeal letter:

1. Was there a separate investigation meeting to the disciplinary meeting as this is unclear from your post. If the answer is no then you can argue that a fair and reasonable dismissal process was not followed. i.e. you were not invite to a disciplinary meeting with a date giving a reasonable timescale to prepare ,which includes being provided the evidence the company are relying on to support their allegations, not giving you the right to be represented, not stating what the potential outcome of any disciplinary action maybe be, which in this case should have been stated as dismissal for gross misconduct.
2. Why were allegations that happened 11 months ago not dealt with at the time? It is rather late when people's recollections of events have faded, to now be disciplining?
3. Do the allegations fit the criteria for being seen as Gross Misconduct in respect of examples of behaviour set out in the company's disciplinary policy? If not, then that is again an argument that the allegations do not warrant the severity of dismissal.
4. I suggest that you look at the terms of the private medical scheme and especially any notice for it being withdrawn. There is a potential argument that they cannot retrospectively take away a benefit of your employment and that advance notice should have been given with consultation on its removal particularly if it was a contractual benefit. When you raise the SAR then you need to request details of the scheme if you do not have them, and the correspondence between the company and the private medical provider in respect of you being taken out to the scheme.
5. On your return to work why did the company not involve Occupational Health as specified by your GP, given the reason why you were off?

Hope this assists your appeal.

[Muninn]

1. I was invited to and attended a investigation meeting the day after I returned to work, I was not told that I could bring representation to it, and none of the allegations were made clear, only some vague questions relating to the allegations made.

3. The allegations fit the criteria for being seen as Gross Misconduct in respect to behaviour as set out in the company's disciplinary policy, but none of them included any witnesses to the alleged behaviour.

5. I asked HR why they hadn't got Occupational Health involved and their answer was that they were seeing how the phased return embedded before OH got involved despite the doctor's instructions as per the Fit Note.

[ULA]

1. You have still not made it clear whether the investigation meeting was separate from the disciplinary hearing. In terms of purely and investigation meeting, you did not have the statutory right to be accompanied, although it is good practice for an employer to allow this.

5. A company does not have to follow the advice given on a Fitness for Work certificate. In this case there was a plan with a phased return to work and to see how that went. It may have been that, depending on how that went, there may have been further information to provide to OH to assist with their assessment.

[Muninn]

Beg pardon, yes, the investigation meeting happened prior to the disciplinary hearing.

[ULA]

For the disciplinary meeting were you given a reasonable timescale to prepare, which includes being provided the evidence the company were relying on to support their allegations, giving you the right to be represented, stating what the potential outcome of any disciplinary action may be,, which in this case should have been stated as dismissal for gross misconduct?

If not, then if not too late for your appeal, you can say that a fair and reasonable process was not followed.