Need advice from someone who knows employment law

[Workissueshelp]

Need some advice regarding a grievance.

My dh moved to a new company under a TUPE agreement two years ago. 15 years service. He has made himself a target from day one because his salary and benefits package are 40% higher than similar positions in the new company. The new company are also known to be ruthless and DH was warned (by his union repl) to keep his nose clean because they do some dodgy stuff!

He has had to performance manage a member of staff who was severely under performing (turning up to work hungover, making mistakes etc etc). She has now put in a grievance against my DH, higher management have seen this a their opportunity to dismiss DH. He turned up to his investigation hearing last week and it didn’t go well, he was accused of being a bully, intimidating and discrimination. He was suspended. They produced another statement from another member of staff who pretty much stated the same as the grievance letter, but this member of staff has not worked with Dh for over 18 months! On this witness statement there are no details other than he swore at her, called her names and made her feel worthless. (Again someone he had to performance manage - she got a new boyfriend and suddenly had lots of sickness (all on Fridays!))

So my questions are. I know that you have 3 months to submit a grievance, but is there a similar timeframe for when you can provide a witness statement? They are saying that this witness statement just happened to come forward now!!!

Also the witness statement is typed and printed on plain paper and it’s not even been signed! As dh has been given this as evidence, is this even admissible in his disciplinary as even though it is probably from that person, anyone could have typed it up.

The wording on the letter and invite to disciplinary states his job is at risk and we are in know doubt they will do their hardest to dismiss.

Anxiety through the roof atm
Thanks in advance

The 3 months to which you refer is the time limit for bringing a case to an employment tribunal. There is no legal time limit for an employee to lodge a grievance. It is entirely up to the employer whether or not to set a time limit. Similarly there is no legal time limit around witness statements nor is there any requirement as to the form they take or whether or not they are signed. The employer can decide whether or not to accept a witness statement.

Having said that, if your husband is dismissed he can claim for unfair dismissal. The tribunal will look at whether the employer has acted reasonably. The tribunal may feel that a witness statement relating to events over 18 months ago and with no details should not be given much weight by the employer.

If your husband's employer is determined to manage him out they may offer a settlement agreement (or be willing to agree to one). That would involve them paying him a lump sum in return for which he agrees not to take them to tribunal. The lump sum would be less than he would be likely to get if he won a claim for unfair dismissal but it would avoid the uncertainty and stress of a tribunal case.

Whatever happens, it sounds like your husband needs to look for another job.

Thanks for getting back.

The whole thing is so unfair.

Both women have been friends for over 20 years. The company knows this and it looks like she has been sought out to add weight to the grievance as the questions asked in the statement are very leading.

Husband wants more than anything to clear his name. He is worried he will find it difficult to get a job with a dismal for gross misconduct on his record.

If he gets a settlement agreement it will include an agreed reference which will not refer to gross misconduct or dismissal.

He needs to see their disciplinary policy as a matter of urgency. Go through each section and make sure they have followed it. This should talk about what constitutes gross misconduct, the protocol for investigation and how any hearing is conducted. If he wants to, he could fight this at a tribunal, assuming the process is flawed and has been unfairly administered. Do they have a HR dept?

The problem he might have if he leaves with a settlement, is getting a job on the same level of pay. If it’s 40% higher then the going rate, he needs to fight hard for a settlement, hopefully with the help of the Union. I would tend to favour a settlement because does he really want to continue working there? It would be a hollow victory. Get an agreement which prh suggests and move on. Who needs to work for a load of sh— like this?