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Really worried about this. Please help

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  • Really worried about this. Please help

    Hi everyone. My partner has only been working in his job since July, and was doing really well (or so we thought). He is a support worker with a charity. Over the past five months he has instigated and led on a project to include the service users which was highly successful, undertaken several training courses and contributed significantly to the project he worked in.

    A few weeks ago he had an altercation with one of the other support workers. She has only been there a few months longer than him, and appears to be struggling in her senior role (all of this is anecdotal of course; however it does appear to be genuine). My partner was under the impression that this was a minor disagreement, and that they had parted on good terms. He was told later that she had complained about him.

    He has been on leave for the past 2 weeks and returned this morning only to be summarily dismissed. I am unable to establish the exact reasons yet; apparently a letter will be sent to him outlining the reasons, and I intend to write a letter of appeal on his behalf when I have seen them. He has told me verbally however that the person with whom he had the disagreement has alleged that he ignored her on three occasions when she asked him to pass over her coat; he absolutely denies that this has happened and I believe him - he is not the petty type. She, however, has a 'witness' who backs up her claim. It should be noted that this witness is one of the service users of the charity and, for various reasons which I won't go into, could not be described as a reliable witness. I highlight this because it is an example of the kind of allegations which are being levelled at him.

    I know that, basically because he has only worked there for 5 months, he doesn't really have many rights. However I do feel that he has been stitched up on the say-so of one person. He gets on well with everyone else at the project. I have asked him to get a copy of the dismissal policy and I think he has been bullied.

    Can we go anywhere with this? I'm not really sure what I want to happen. He wouldn't want to return to work under these circumstances, and I know that there are no grounds for an ET. It makes me so angry though, that someone can be so shabbily treated without any recourse at all.

    If anyone has any words of advice, they would be much appreciated.
    Tags: None

  • #2
    Re: Really worried about this. Please help

    Sorry but i very much doubt it was for alleged allegations of ignoring her 3 times when being asked to pass her her coat, besides, why couldn't she get it her self? Basically that is not even worth investigating let alone dismissing anyone for! Not to mention bringing the dismissal's fairness into question!

    I need to know the exact allegations that were made, and the exact reason as to why he was dimissed. So as soon as you get the letter stating the reasons, post up the reasons here, before writing a letter of appeal!

    Also i assume when you say he was summarily dismissed the NO disciplinary meeting or even an investigatory meeting was carried out, or any form of disciplinary procedure?
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Really worried about this. Please help

      This was the incident which was specifically brought up when he was dismissed this morning. I totally agree, it is ludicrous. Thank you, I will post up the letter (or PM you) as soon as we get the letter.

      Comment


      • #4
        Re: Really worried about this. Please help

        Ok, summarily dismissal unless for serious cases of gross misconduct, violence, theft etc. Is usually found by tribunals to be procedurally unfair. Also by not carrying out any form of disciplinary procedure, they would be in breach of your BF's right to be invited to be accompanied to any disciplinary meetings, which is a stautory right enshrined in law, under the employment rights act. Not to mention the statutory right to not be unfairly dismissed.

        So you may have a case for automatic unfair dismissal if no disciplinary procedure was carried out in accordance to Acas Code Of Practice 1 disciplinary and grievance procedures (think i named it correctly, could be code of conduct lol), on the basis your bf statutory right to be accompanied was denied to him and as such the employer breached the employment rights act that grants your BF the right to be accompanied. In which case, the qualifying period to tribunal does not apply!
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment

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