summary dismissal query

[becsw]

I've been helping to write letters for someone who has been summarily dismissed. I'm now at the stage of writing an appeal letter but am having problems getting my head around what may be the easiest part i.e. I appeal, I don't think you were right!
If he had an incident 3 months ago and was not disciplined at that point, but then now has been summarily dismissed after further investigation is this something that can be said to be not fair? They didn't think it worthy of discilpinary processes back in march! I kind of feel that new info has come to light, but then would fairness with ACAS be offering training or support at the initial point. I'm a bit stymied as to what to raise other than the briefest of comments (fleshed out however). Does anyone have experience of writing these letters and is there anywhere to go to have a look at some?
Many thanks

[bluebottle]

Re: summary dismissal query

Hi Becsw and welcome to Legal Beagles.

Could you post up better details of what has happened so that we can see what advice can be given, please?

BB

[becsw]

Re: summary dismissal query

1. bought a chemical for work and was using it but was not allowed to use it. He thought he could but he was wrong and when this was pointed out by manager 16th march he returned it to supplier. Nothing was said - no written or verbal warning - but neither was extra training or support offered - he has actually organised the relevant course himself (though now doesn't have the money to pay for it)
2. anonymous phone call 2 april stating chemical being used.
3. letter of complaint from disgruntled employee one week later leading to suspension and investigation on the 11th with 4 issues raised.
4. discplinary 25th
5. letter dated 1st may, received 4th may dismissing him - although no case found for the three extra charges he has been dismissed based on the initial use of the chemical.
so my thoughts are that as the issue was made public the company cannot ignore the issue, and have now decided on balance that it was a serious H&S breach, but then if it wasn't worth disciplining at the time when they knew it was a breach .....
I assume that they cannot use the complaints as a pattern of behaviour as there was no case to answer for those and up to now there have been no issues.
I aslo obviously can't count. 3 months was inaccurate. apparently i have misheard all along.
If anyone can give me ideas i would greatly appreciate them.

[bluebottle]

Re: summary dismissal query

1. bought a chemical for work and was using it but was not allowed to use it. He thought he could but he was wrong and when this was pointed out by manager 16th march he returned it to supplier. Nothing was said - no written or verbal warning - but neither was extra training or support offered - he has actually organised the relevant course himself (though now doesn't have the money to pay for it)
2. anonymous phone call 2 april stating chemical being used.
3. letter of complaint from disgruntled employee one week later leading to suspension and investigation on the 11th with 4 issues raised.
4. discplinary 25th
5. letter dated 1st may, received 4th may dismissing him - although no case found for the three extra charges he has been dismissed based on the initial use of the chemical.
so my thoughts are that as the issue was made public the company cannot ignore the issue, and have now decided on balance that it was a serious H&S breach, but then if it wasn't worth disciplining at the time when they knew it was a breach .....
I assume that they cannot use the complaints as a pattern of behaviour as there was no case to answer for those and up to now there have been no issues.
I aslo obviously can't count. 3 months was inaccurate. apparently i have misheard all along.
If anyone can give me ideas i would greatly appreciate them.

The first thing is to contact the Health & Safety Executive about the issue with the chemicals. Their website is at HSE: Information about health and safety at work . Then contact ACAS. They are impartial and give free advice on employment issues. They also offer a mediation service. Their website is at Home - Acas . After that, contact your local Law Centre where you can obtain free legal advice. Their website is at Law Centres .

Tell your friend to check their House Contents Insurance policy as many, these days, provide up to £50,000 cover to pursue a claim at an Employment Tribunal, should this become necessary.