Impending possible dismissal questions

[andyasw]

I am likely to be dismissed for gross misconduct but the employer has not followed their own disciplinary policies to the letter and there are many examples of this throughout my suspension. If I am in fact dismissed can I seek an ET with regard to my employers flaunting of procedures? If so, under what type of category would I be going to a tribunal and would I be likely to receive any recompense? Advice please.

[FlamingParrot]

Re: Impending possible dismissal questions

I am likely to be dismissed for gross misconduct

Can I ask what the alleged gross misconduct is all about? There are so many things that can fall into that category, anything from a brief Facebook comment to major fraud, physical violence and racism, plus everything in between!

but the employer has not followed their own disciplinary policies to the letter and there are many examples of this throughout my suspension. If I am in fact dismissed can I seek an ET with regard to my employers flaunting of procedures? If so, under what type of category would I be going to a tribunal

If you are dismissed without your employer following proper procedure, you'd be looking at a claim for unfair dismissal.

and would I be likely to receive any recompense? Advice please.

If you win, you would receive compensation, however there are many factors that determine both your likelihood of winning the case and the amount of compensation you get. Without details, it's impossible to say anything further.

If you are dismissed, your first step should be to register with ACAS for early conciliation. These days it's mandatory to take that step before you can submit an ET claim. You have three months to submit your request and you can do it online, on the ACAS website. There's no charge for early conciliation and your ex-employers may well agree to a settlement, sometimes purely for commercial reasons.

Failing that, you'd have to pay £250 to submit a claim, if it goes to a full hearing you'll need to pay a further £950. You may apply for fee remission if you are in receipt of benefits or on a low income and have disposable capital below £3,000 at the time of making the application.

[andyasw]

Re: Impending possible dismissal questions

I'd like to be able to reply to you but am concerned there might be members who could be from my employers HR team on this site so I wouldn't want to give anything away right now. I would gladly discuss directly with you.

[sean5302]

Re: Impending possible dismissal questions

How long have you been employed there?
It's necessary to have at least 2 years' service before you can go to an ET, under most categories.
An employer must follow the spirit and the letter of the law before dismissing you, but need not follow their own precise process.
As long as they conduct an investigation, act reasonably and don't discriminate against you, that's normally all that is required.
You're going to have to give us a bit more detail, generalised as much as you think, before we can help you further.

[andyasw]

Re: Impending possible dismissal questions

ive been an employee for 20 years

[sean5302]

Re: Impending possible dismissal questions

Thank you.
Can you give us some more detail without identifying yourself?

[sean5302]

Re: Impending possible dismissal questions

Thank you for your PM andyasw.
I appreciate your reasons for sending it, but I have to reply on the Forum, though will not divulge anything you sent by PM.
It's really a question of "reasonableness".
Would someone in your position be reasonably expected to keep an eye on someone in their team who had previously been warned for breaching their duty?
Would someone managing a large team be expected to commit much time to supervising such a person?
It's not a black and white area.
I'm surprised at the length of time you've been suspended. I trust that was on full pay. It certainly should be.
It looks very much like constructive dismissal. What has been the reason for the excessive suspension?
The point of such a suspension is to conduct a full enquiry, resulting in a quick decision and relevant action.
This is certainly not happening to you. You must feel like Hell on earth. That's completely unreasonable.
I suggest you contact them and ask specifically why it has taken so long and when a resolution will be forthcoming.