unfair dismissal and employment tribunal

[messybedhead]

My partner has been dismissed from work. We believe this to be unfair and have appealed but he found out today that the decision still stands.

He is going to make a claim for jsa and should be entitled to legal aid... But we don't know how to go about this.

If anyone would like to help me out I can email the case we've got so far, I'd like feedback really on whether or not its worth pursuing.

TIA

More info:

They dismissed him for absence on the spot without any prior warnings- verbal or written.

There were many procedural errors such as no written notice of disciplinary hearing, no adjournment of the hearing.

There were also factual errors with regard to certain absences being unauthorised.

We have copies of the company's disciplinary and absence policies and they haven't followed any of them correctly.

We appealed on these grounds and more, and received a leTter today basically saying that DP is lying, that notice was given etc .

We know they are wrong but its there word against ours.

Also they did not carry out the correct procedures when conducting the appeal and so I thought a tribunal might be the next step...

TIA

how long was he working there? was he still within the probabtionary period, if so they may be able to sack him with out notice for lots of absence.

sorry i cant really help, i dont know much more than that

go and speak to cab, they may be able to help further

He was there under 12 months but longer than the. Probationary period of 6 months - I think about 9 months.

In their disciplinary policy it states that proper disciplinary procedures have to be followed regardless of if they have been there 12 months or not.

Unfortunately you can't claim unfair dismissal with less than a year's service.

Messy, Im afraid that Axis is right - you need 12 months service to claim unfair dismissal. the fact that they didn't follow their own procedures, if they are contractual, means you could sue for something called wrongful dismissal, which is a breach of contract claim. however, the compensation would be for the time it would have taken to follow their own procedures, which is a few days, so would be absolutely minimal. You don't get legal aid for employment tribunal claims i'm afraid. Probably best to move on.

Thank you!

We didn't want to pursue something if it wasn't going to be worth our time.

So if we went for wrongful dismissal- how does that work? Could he get his job back or is it just about compensation ?

MBH - as smittenkitten says it would just be a potential claim for loss of earnings for the few days it would have taken them to go through the proper procedure. No chance of the job back.

would he really want his job back? i know its a hassle finding a new one but would he really want to continue working for a company or person who obviously doesnt give a crap about him?

i just think you need to move on, the compensation you would get would be pennies and not worth the costs.