Can you help me with points of law?

[gregssausageroll]

Over a dismissal?

Is it legal for the person who reported my husband to also be the same person who interviewed him, investigated the allegation and subsequently dismissed him?

Also the interview meeting was suspended while the interviewer investigated another point with a third member of staff. Should there be documented and signed evidence that this conversation took place?

Thanks.

Acas cannot help until after dh appeal meting on Tuesday so I am trying to do the best I can with a bit of help from here.

Oh and can dh record the appeal meeting on Tuesday?

The law doesn't get that specific. It's very normal for the person'a line manager to conduct the investigation and also the hearing, if that's what's happened?

If evidence from someone forms part of the case, then that should be recorded, but what's the concern about 'signed evidence that this conversation took place'? Does your DH tHink the interviewer didn't speak to this person at all? Are the facts in dispute?

It isn't illegal but - unless the company is very small - it is bad practice. I imagine the company is small and MD/owner has simply googled what should be done in these cases and tried to do it all themselves.

Evidence of conversation signed and documented? No, not legally required (but a lawyer would ask for evidence should there then be a case made against employer)

You cannot record a meeting without permission (and you wouldn't get permission). If you recorded secretly you wouldn't be able to use evidence. Your Dh should instead insist that he be accompanied to the meeting and that the person accompanying him be allowed to make notes.

We could probably be more helpful if you gave us details of what's happened.

Also, how long as your DH been employed? That affects the situation.

x-post.

Thanks both. I am almost frightened to post what happened again as the thread went ballistic and had to e deleted by hq due to a troll. Do you mind if I pm you instead. If you can help great but if not don't worry.

Company isn't that small that another manager couldn't have looked at it.

Sod it. Will post again

Dh was at work last Sunday. He works alone. He had an accident into a 6 hour shift. Finished his priorities and left but failed to tell anyone. He left 4 hours into his shift No one on site to tell. In hindsight he should have called someone but didn't. He did everything he had to to ensure smooth running of the business on Monday.

Worked Monday and was presented with a disciplinary letter at 5 to attend with someone if he wanted on Wednesday.

He was sacked

We have letter outlining the meeting and it has glaring discrepancies. My husband had an appeal meeting with the overall boss on Tuesday.

The person who sacked him investigated, had the meeting and sacked him. Online law things state these should be conducted by an impatrtial person which this guy isn't so I wanted to know if it was law or not.

During the meeting the interviewer left the meeting to call another person to get verification of Sunday hours but we have no evidence this was actually done so I wanted to know if we can reasonbly expect to have this in writing.

We also want to see the disciplinary procedures, accident procedures, lone worker procedures too.

Oh, yes, I saw that thread. didn't know the outcome (or that it has gone bonkers).

So, facts aren't in dispute: He was engaged to do X hours on the Sunday, Didn't do those hours, was caught out, dismissed.

Mitigating circs being (IIRC) that he hurt his ankle and couldn't work because of this and went home to rest it.

They will no doubt have said he should have phoned to tell them, should have reported first thing, should have asked to fill in accident form, etc, etc, but didn't do any of these until after he was caught.

From their point of view they have no way of verifying if anything your DH says is correct or not, but that if it were correct he could have done things differently.

Given the facts, I think the process itself is by the by. The facts themselves aren't in dispute. On what grounds is he appealing? Is he appealing because the dismissal is out of proportion to the offence, or because his H&S were compromised by the conditions and therefore he was unable to fulfil his contractual obligations because of this? Or for some other reason?

Because of the H&S angle it isn't straightforward, and I think you probably need the advice of a specialist lawyer here, and I think you should go see one on Monday. Do you have any evidence to prove he was injured on the Sunday?

I think TBH it would be a red herring to complain about the process itself. Is the same person hearing the appeal or has it gone further up the chain?

Also - how long has he worked there?

2 years.

The most recent disciplinary incidents have resulted in warnings to someone who swore at a child and another who failed a breath test. No sackings.

Also there was no one in person on the Sunday and Monday to report the accident to. No accident procedures that my husband has been made aware of either. No access to an accident sheet and his own time sheet was not available that day for him to complete which he would usually do and therefore it would have shown his hours and he says he'd probably have written on his time sheet that he left early.

The appeal has gone to the overall boss.

The evidence we have that he injured himself I am not sure will work. He is having a full knee placement brought forward to 15 august. We have letters to show this.

His hours are odd. He has a maximum of 6 on a Sunday but they are flexible as long as he gets done what he needs to for the monday He did all of this before he left but had been given an extra task which he started but didn't finish. It had no knock on effect with the Monday and even if he did work his full 6 hours it would never have been finished in time.

For instance if his must do stuff is finished in 4 hours on a Sunday he can go.

If he's allowed to go when the stuff is finished, then what's he being fired for?

Sounds like he was given extra stuff to do but didn't do it because he left early? I can see why a manager might think the accident was an excuse and didn't really happen.

I think you should seek specialist advice re: H&S angle, then see what boss says. Nothing else you can do. If he has been there 2 years he will have built up a reputation for reliability/honesty which should stand him in good stead if his main boss has jumped the gun.

Yes I see what you are saying which is why we hope the surgery letter will confirm he did indeed agrivate his knee further thereby bringing surgery forward. Thank you very much for your help.