dismissal

[myrtlestar]

My DH has had a letter dismissing him from work today following a 15 week suspension. The charges are bullying a female colleague and sexual harassment of said colleague. He was her MD and because she was struggling with work and close to retiring he brought in some help for her which made her feel threatened and undermined. He offered to massage her shoulders once as she was very stressed and she accepted. She did not put in a complaint about this but the company have chosen to class it as sex harassment. There is a new CEO who would like my dh outand it looks like a witch hunt. The senior staff who have carried out the investigation are biased as there is my DH's bonus waiting to be shared amongst them. The investigation has been unethical with statements from employees being blacked out and changed,statement cobbled together out of context and leading questions asked on 3rd round of questioning as no leads on previous interviews.eg was my dh racist. The CEO was involved from the beginning and should not have been on the final disciplinary panel. Yesterday they requested solicitors on both sides could discuss a financial agreement but before that could be done they sent the letter. It looks as if they are playing games with him. DH has taken to his bed depressed and desperately trying to understand the level of accusations. PS he turned this company around finacially, there would have been no bonus for anyone without his input. What can we do now? we could lose our home without his income and who will employ him with a ref that states gross misconduct?

Sorry to hear about your OH's dismissal.Does he have trade union membership or any chance of legal advice from his professional body?If not you could try CAB but I don't know if they could help.Ikow that you don't want to hear this but rubbing a co workers body whether It's called a massage or not is never a good thing and only adds more ammunition to the people who want to get rid of him.That said I wish you well. M

sorry for typo kow, meant know.

The first question is whether the financial agreement is still on the table. The fact they requested that yesterday and then sent the letter suggests that it may still be possible to negotiate a financial agreement. If it is, they will almost certainly want a compromise agreement under which your husband agrees not to take them to tribunal in return for receiving a lump sum. Your husband will need legal advice otherwise the agreement will not be valid. It is normal for the employer to pay the employee's legal fees in this situation. It is also normal for the compromise agreement to insist on the nature of any reference given by the employer - you certainly wouldn't agree to a compromise that allowed them to state gross misconduct on references.

If they have withdrawn the possibility of a financial agreement, the question is whether to take them to tribunal for unfair dismissal. Disciplinary hearings are not bound by the same rules as court hearings. Leading questions may be allowed, for example. The hearing does not have to prove beyond reasonable doubt that your husband is guilty. The test is whether the correct procedure has been followed and whether the employer's conclusion that your husband is guilty is unreasonable. If they have broken the ACAS code or failed to follow their own disciplinary procedure that may be grounds for a claim for unfair dismissal.

I agree with maras2 that massaging an employee's shoulders was not a good move. As he was MD the balance of power is unequal and some may take the view that she felt unable to refuse. However, whether that makes a case for dismissal is another matter.

You may be able to get some advice from CAB but your husband may need to consult a solicitor specialising in employment law.

TBH I would avoid CAB and stick with specialist lawyers (Bindman's are good if you are near London).

Your DH is going to fight an uphill battle, regardless of what did/didn't happen. The maximum payout even for a very clear case is only around £70k, and most cases settle for much less, so the firm have this on their side.

Horrible as it is - especially if he is in the right - your DH will have to take a negotiating stance to achieve the best exit possible - if the CEO wants him out then he will need to go. If it were my DH I would be advising that he agree a neutral reference as part of a compromise and look to negotiate a settlement somewhere between what he would achieve in a redundancy and what you might want (including bonus earned not received).

BUT this really needs specialist employment lawyers here - the devil will be in the detail. The type/size of the org is also important - the smaller the org, the more muddy the waters so the less clear-cut the case would be in a tribunal.

What Squiffy said. I don't think the CAB are his best bet. Given the complexity of the case added to his seniority within the company, he needs a good employment lawyer to pick through all the ins and outs and put together a case for him.

Do you have legal cover as part of your house insurance or anything? That might be an option although you wouldn't get much say in which lawyer you can use probably so may prefer not to use it.

thank you for all your answers, they have been most helpful. He was silly to have massaged the lady's shoulders even if it was for 15 secs. However as an MD he was very approachable and fair, gets involved and is very supportive of his staff and probably saw it as a kind gesture of sympathy at the end of a stressful meeting. DH feels his whole world has fallen apart and his confidence is rock bottom. I feel I would like to lynch the people responsible for causing this, as would other members of the company on my DH's behalf. apparently the CEO has spent several thousand £s more than a fair payout, in sols fees to hide their tracks with all the wrong things they have done in getting him sacked.

Second the recommendation of Bindmans.