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Can anyone help regarding dismissal

2 replies

freedom2post · 22/09/2014 17:00

DH was dismissed from his job on Friday. He had been there 14 years.

In his dismissal letter, his manager states that dh did not follow protocol.

There is a piece of evidence which dh needs to prove he did indeed follow protocol.

Following the incident he had two weeks leave and wasn't contacted at all by a manager during his leave. His manager did speak to his colleagues during this period to gain information. By the time he returned to work it is almost impossible to find this piece of evidence. Had he been contacted straight away this would have been resolved.

His manager is saying as this evidence cannot be found it proves it never existed. Thus dismissal.

Is this correct? Can his manager assume it never exisited because two weeks later it cannot be found?

OP posts:
Joan123 · 22/09/2014 20:29

Please refer to this site. www.acas.org.uk/helpline
You will also find a phone number where your DH can talk to an adviser. They are really good in workplace disputes.
In my humble opinion they should not have had dismissed him so easily.
Good Luck

flowery · 22/09/2014 21:09

Impossible to say. The burden of proof for a dismissal is not like a criminal prosecution, so no actual proof is required, it's more about balance of probabilities and what is reasonable. An employer simply has to demonstrate that it was reasonable to make that decision in the circumstances, and that it followed a fair procedure, it does not need absolute proof that the employee did whatever it is. Lots of questions:

Was a fair procedure followed?
Was he already on any kind of warning?
What is it they are claiming he did, or didn't do?
Are they claiming it was gross misconduct?
What is the missing evidence and why can't it be found?
What efforts has anyone made to find it?

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