Is breach of policy / contract automatic unfair dismissal?

[reallystuckonthisone]

DP sacked this morning for alleged bullying. Disciplinary procedure, as set out in their handbook, has not been followed - no investigation, meeting (accompanied or otherwise). People have alleged things which are absolutely untrue and defamatory to DP.
He's only been there 5 months though. However if they didn't follow their own disciplinary procedure aren't they going about this the wrong way?
Would really appreciate some wise words. TIA.

As long as they've given the right notice and haven't discriminated against him they don't need to follow a "proper" procedure this early in his employment I'm afraid- they can just sack him without giving a reason if they want to.

I'm sorry but unless they've discriminated against him on grounds of sex/race etc I don't think it matters. I'm no expert but as I understand it they don't need a reason to sack him if he's only been there 5 months

X-post. There's your expert!

Sorry didn't make myself clear. I'm well aware of the 2 year rule but they didn't let him go without a reason. They are referring to their own disciplinary policy, which they have not followed. Does a contract of employment only come into force after 2 years? Because as it stands they have broken their side of the bargain by not following procedure. If not automatic U.D. is this breach of contract?
DP knows there's no going back but he needs the notice pay he is owed and, more importantly, a reference.

Disciplinary procedures are usually not contractual, but even assuming it is, there's not realistically a lot he can do about it. The contract is in force, but because it can be terminated easily, taking legal action for a breach like this is almost certainly not worthwhile. What would his loss be? What difference would it have made?

It's not unfair dismissal as I said, because he can't claim unfair dismissal for two years.

Not paying his notice pay would be wrongful dismissal though, which he can claim. Have they refused to pay his notice? You didn't mention that in the OP.

Sorry for omission. We haven't had the formal notice yet but that is something which he mentioned after being sacked (in a bit of a blur).
I was under the impression that the staff handbook formed part of the T&C though?
The only thing DP is after now is a reference. He deserves this; he has done nothing wrong bar being a bit naive and he has ambitions to work in this field again, and where we live this is a very small field.

Often during a probationary period (in our co that's 6 months usually) a different disciplinary procedure applies anyway. Would that be relevant for your DH? Might not be covered within the disciplinary procedure itself, but in terms relevant to the probation.

Staff handbooks aren't automatically contractual, no. Sometimes elements of them are, sometimes there is specification that it/sections of it are not. But as I say, even in the event they have breached his contract by not following the procedure, they have terminated the contract anyway, so really, what difference does it make? They had decided to dismiss him which they were entitled to do.

No difference except the reference. We know when we are beaten, but a reference will at least allow DP to work again.
The handbook explicitly states that the handbook applies to all staff.
I should clarify; we don't want to fight this. We are trying to secure a reference (and notice pay if this is withheld) and I wonder if mentioning a potential breach of contract would be a way to secure this. They have muddied the waters by not just saying "sorry it's not working out". We could have loved with that.

Lived obv. Nothing to love here.

I can't see that following a procedure would have made a difference to the reference.The reference and procedure are not linked.

Something applying to all staff isn't necessarily contractual.

I don't think "mentioning a potential breach of contract" is likely to make them more inclined to give him a reference, no.

That's not to say he shouldn't ask about a reference. He should seek clarification on what their policy is on references. Clearly having been sacked like this it's highly unlikely anyone there will be prepared to give a full, positive reference, but they may have a policy of only giving brief references eg dates of employment etc, and he needs to know what response potential employers would get if they got in touch.

He basically has no comeback from this because of the length of time he has been there and he hasn't been discriminated against.

It's a rubbish, unfair system and ive been victim to it myself. ACAS told me the above by the way.

Policy probably isn't contractual. There is no legal right to a reference. Less than 2 years service means in most situations no right to bring an unfair dismissal claim. He could lodge a claim for wrongful dismissal (notice pay). As I tell all clients who complain to me about the 2 year period - write to your MP to complain only they have the power to change it

There is nothing whatsoever he can do regarding his employer, and as he has been dismissed they only have to pay him up to the date he was actually "let go" and any holiday pay owed. They are unable to give a bad reference but can and most likely will refuse to give one.
As he has only been employed for five months the company knows that there is nothing he can do legally and in their opinion there is no need to follow their own company procedures. The fact that he is a fairly new employee and has had a complaint bought against his behaviour so early on would be all they need. Happens often and he is best to put this behind him and move on.

Just wanted to give an update. DP lodged his appeal just after Christmas and it was heard today. The panel have discounted the one charge he was guilty of (sent stroppy email to colleagues) and have asked for time to investigate allegations of bullying and slagging off service users. Hearing went extremely well and his short length of service does not appear to have been an issue (third sector, like to think of themselves as very ethical).
Appeal adjourned til investigation into trumped up charges has taken place. I am amazed and delighted we have got this far.

Thanks for the update - fingers crossed.