Reasonable after Appeal?

[rueyrichardson]

Hi all knowing ones

My husband was summarily dismissed for Gross Misconduct a month ago after a DP meeting and he appealed the decision, by following the company's procedure. Prior to the original DP meeting it was not at all clear what the allegations were against him so we were really shocked when he was fired. The outcome of the appeal meeting is that they have found that he did not commit a automatically dismissable offence, so he is cleared of any major wrong doing. But they also find that they can't trust him to take his old job back, so they have offered a him a demotion to a much less responsible position, and much less money of course! If he doesn't take the job that they have offered, then the original decision to dismiss him for gross misconduct will stand. Can they do this? NB his direct superior manager went through the same procedure, but he has been offered his original job back with no caveats. Thanks for reading!

Sorry no help but had to admire your name :)

If they failed to tell him what the allegations were prior to the disciplinary meeting they would seem to be in breach of the ACAS code. This requires them to inform your husband in writing of the disciplinary meeting with enough information about the allegations and possible consequences to allow him to prepare for the meeting. If they have breached the code that may mean an employment tribunal would find that the dismissal was unfair and may adjust any award upwards by up to 25% if they feel the failure to follow the code was unreasonable.

Without knowing the details, their current position wanting him to take a demotion or accept dismissal sounds like it may give rise to a case for unfair dismissal.

I suggest that your husband consult his union (if he has one) or a solicitor specialising in employment law. In this situation he needs to consider whether carrying on with his current employer is a sensible option.

Hi PRH

Thank you so much for answering. My husband has a solicitor now and will pursue a case for unfair dismissal as you describe. It totally amazes me that a very high profile employer such as the one involved, has exposed themselves to a case like this!

Thanks again, Ruey

And thank you too Nymphadora!