Would this be unfair dismissal?

[Kittycat]

Okay guys, you helped me on another matter last year and I am looking for your advice.

My brother works in retail and is on a Final Warning (which he should not have got as the incident was related to a mental health issue)
Anyway, he is up for another disciplinary for not securing some stock for 1 minute while he attended a complaining customer.
He admits it, and actually has a job (lower paid) to go to if he is dismissed.

Here is the problem.
Suspended on 11th May.
No paperwork to confirm this or disciplinary hearing.
May 23rd....Letter to confirm disciplinary arrives due on 25th May (2 days notice!!!!) But still no letter for suspension.
May 23rd. He calls his HR who are unaware of the reason for the suspension and will need to investigate.
May 24th. Called and asked manager to rearrange disiciplinary due to not having paperwork for suspension, but they mutally agreed to carry on with the original day (25th) because if he was dismissed, he could go to his new job ASAP.
May 25th 30 mins before disciplinary . Is about to walk out the door when a letter arrives from the company containing the suspension letter AND another disciplinary letter advising it had be rearranged. AS WELL as having the wording on the accusation changed. He then had to call the manager taking the meeting which meeting he had to attend. If he had had a union rep and couldn't stop them from travelling to the meeting they would be Peed OFF!!


So he called ACAS, who didn't seem interested but confirmed if he was dismissed he could have a case.
Does this sound right.
1) HE had to chase up letters rather then the manager
2) Meeting was changed and no one told him in time as he was due to leave and was lucky to catch the postman. If he had had a union rep or friend attend with him, there would be no time to stop them either.
3) Wording changed on letters Letter 1- "Breach of Company Security Procedures in relation to leaving the back gates open and leaving the cash on display" Does not mention what stage of disciplinary procedure or chance of dismissal
Letter 2- "Breach of Company Security Procedures in relation to leaving the back gates open and leaving the cash, stock and scratchcards on display" This letter also has mention that the meeting is being held under stage 4 with a chance of dismissal.


He is not fighting the reason he is having the disciplinary though bullying by another staff member does play a role in it, he is just peed off they have balled it up and wants to know his rights if he is dismissed. He wants to attend the disciplinary to keep his job and defend himself.

Opinions?

[leclerc]

Re: Would this be unfair dismissal?

The disciplinary policy of the company should state about that issue. When I was suspended I received the letter stating whether it was on full pay or no pay, and reason for suspension. Disciplinary notes for me was 3 days before the meeting, ie Friday for the following Wednesday, etc etc. It should be in his contract of employment.
The letter does state that dismissal is an option. If he has another job to go to why does he not resign and see whether they will accept this or not?

[Kittycat]

Re: Would this be unfair dismissal?

He actually wants to keep this job as its better money, closer to his home, and hours fit his child. So he is fighting for it.
The wording in the suspension letter is fine, its the change from the 2 disciplinary letters, first one not mentioning the "stock and scratchcards" and not mentioning chance of dismissal. The second letter does.

The thing that is annoying him is the fact NO ONE told him it had been rearranged. He agreed to the friday meeting but THEY rearranged it as they realised they had worded the letters wrong, and he only just recieved the letter as he was about to travel.

So if fact they worded the letters wrong, rearranged the meeting and did not inform him and the fact he didn't recieve paperwork in time, are they grounds for a case.

[leclerc]

Re: Would this be unfair dismissal?

That is why you have to put everything in writing. The high street bank I worked for tried a couple of tricks and I stuck to my guns on the timescales. The fact remains that the company will have to pay him whilst on suspension. Ultimately, if he is in a union then he NEEDS a rep with him and if not then make sure he takes someone he trusts from the company with him to any disciplinary. For me, sacking was the inevitable conclusion anyway so I took someone with me into the disciplinary meeting. However for your brother that is an outcome not expected by him. He needs to look closely at the specifics of that incident and the evidence that has been produced by the company. That is key. Teaboy is probably better to advise on this one as he is pretty good at employment issues. I like the fine points of wording on documents but Teaboy will advise further on this thread as well.

[miliitant]

Re: Would this be unfair dismissal?

first question

right at the start of all this, prior to suspension,or just after, was a fact finding interview conducted

and how long has he been employed for

[Kittycat]

Re: Would this be unfair dismissal?

There was an investigation conducted but he said it was a bit jumbled. The Manager didn't seem to know what he was asking, didn't give him a chance to say why he did it. He had to ask to give his side, he also had to ask to see the cctv as they didn't show it at first.

He has been there just over 2 years.

[Kittycat]

Re: Would this be unfair dismissal?

Hi, my brother has just told me that he is worried that a vital witness statement may not have been taken. Basically another member of staff was with him that morning and witnessed some of the bullying by the other staff member. The bullying was the reason he was upset and forgot to store the stock for that 1 minute.

He can demand that statement can't he?

Hearing is tomorrow morning and he is planning on asking if that statement is available as soon as they start, because if it isn't it would show that the manager has not followed procedure and maybe the hearing will be postponed again.

[leclerc]

Re: Would this be unfair dismissal?

I think he needs to have on record that there is no statement from x person who was there on the morning concerned and therefore the investigation itself is not complete.

[Kittycat]

Re: Would this be unfair dismissal?

So hearing was this morning.
Dismissed.

Apparently they concentrated on the bullying by this other staff member but because my brother wouldn't continue with a grievance against this other person they dismissed him. A fact my brother was not told of until after the meeting and by another staff member who the manager running the hearing had told.
He mentioned that no statement was taken and none was available for the person taking the meeting.
His manager believes he has grounds for an appeal on
1) no statement was given to help support him
2) Just because he didn't want to pull a grievance (due to health and fear of retaliation) the manager decided to dismiss him.
3) HR are aware of the bullying of this other person and staff in the store also agree the treatment my brother has recieved at the hands of this person.

Should he appeal or is it not worth it?