DH just been dismissed need advice

[winewillgetmethrough]

Obviously DH will be contacting ACAS first thing tomorrow but we're looking for some help and hopefully reassurance tonight.
He's been employed at the company for just over a year which I know doesn't help.
DH handed his notice in on 1st August but has a 6 month notice period, he wasn't required to work in the office for this but had a business model to complete at home.
He's received a letter today stating that his employment has been terminated due to issues in the model. He's had no feedback to say there's been a problem up until now. The letter doesn't reference any form of misconduct just that that they're unhappy with the results.
On contacting his boss he's been told he's no longer an employee and will not be getting his notice period paid.
There's been no meeting and no option of appealing the decision he has however been told he can come in and discuss the model!!
Does anyone know where we stand legally?
Sorry for the essay but I'm really stressed.

As he has been with the business less than 2 years he cannot claim for unfair dismissal. He may, however, have a claim for wrongful dismissal if they have failed to comply with the contract. If, for example, the contract requires them to give him 6 months notice he may be able to claim his pay and benefits for the remainder of his notice period. He will need advice from a lawyer who specialises in employment law if he wants to go down this route.

Thanks for replying, we knew we had no case re unfair dismissal due to length of service.
Do you know under what circumstances you can be sacked with know warning and no notice period pay.
His contract states 6 months notice period on both sides, obviously we're hoping it won't take that long he already has a second interview next week but we have bills to pay!

Just found this on the GOV website. Do you think his business plan issue surmounts to gross misconduct?

"Your employer must normally give you at least the notice outlined in your contract of employment or the statutory minimum notice period, whichever is longer.

'Summary dismissal' is dismissal without notice and is only allowed for 'gross misconduct'. This is where a situation is serious enough for your employer to dismiss you without warning (for example, for violence). Your employer should always investigate the circumstances before making a dismissal, even in possible gross misconduct cases."

The website is www.nidirect.gov.uk/articles/being-dismissed-by-your-employer

DH would argue strongly it doesn't constitute gross misconduct but even if it did would he not be allowed a chance to appeal, the first he's heard is the letter today.
Plus he's concerned it's pay day next week and he may get nothing even though I believe he should be entitled to holiday pay and the days he's worked up to today.
However his boss is the type who may say just don't pay him!!

It is difficult to see how problems with a business model could be gross misconduct.

Are you in the U.K.? If so, unless it's due to discrimination it is possible to sack someone without much of a reason until they have 2 years service.
The contractual notice period is the issue here, so I would be interested to hear what ACAS say tomorrow.

Yes we're in the UK.
We're not worried about unfair dismissal - he's already handed his notice in.
The notice period is 6 months on both side but they said they would release him with a months notice should he find another job sooner.
Do you know if burden of proof for gross misconduct falls on the employer as that seems the only way they could not pay his notice period?
Thanks for helping

He's entitled to be paid for his contractual notice period unless there's gross misconduct. It's up to the company to demonstrate that. Do check exactly what the contract says - sometimes the notice period isn't the same each way.

I'd recommend a calm but firm letter to his employer stating that he expects to be paid for the notice period and asking them to confirm that, plus accrued holiday pay (if any). If that produces a nil result then solicitor's letter. Or you could go straight to solicitors letter, especially if times an issue.

Do you have legal cover on your household insurance? They can often be useful in situations like this and can write nice solicitor headed letters that show you're taking things seriously rather than writing ones straight from him that they can ignore much more easily...

Also - if he still has access to the intranet - or an employee handbook (or a colleague that will look it out for him and send the relevant bits) look to see what it says about this sort of situation...

Good luck - it's a horrible situation he finds himself in.

If so, unless it's due to discrimination it is possible to sack someone without much of a reason until they have 2 years service

That is true. However, it may still be possible to claim for wrongful dismissal if the dismissal breaches the contract, e.g. by not giving the notice required by the contract. The requirement for 2 years service does not apply to wrongful dismissal claims.

Im an employment lawyer and have also read your other thread.

Unfair dismissal is not an option for him

He has been wrongfully dismissed without notice. He will also be entitled to accrued but untaken holiday pay. He needs to speak to acas, not to take advice since they won't tell you anything more than this, but to lodge a claim for early conciliation which he is required to do before bringing a claim. Let ACAS talk to the employer. In all likelihood he will receive a payment in lieu since there would be very little point in the employer fighting it.

Unlike some on here I'm not an employment lawyer but I think a few people have missed the part where he has actually resigned but is working his 6 month notice!

That's right. Then they told him not to come back stating there was a problem with some work that he had done.

There's five months' money owing plus accrued untaken holiday pay. A settlement needs to be negotiated it seems to me.

You can still be dismissed if you have resigned and are working out notice on garden leave hopping

I suspect the employer will say its a gross misconduct situation. Difficult to know until ACAS speak to them during early conciliation.

I hope there is a resolution to this. My understanding of gross misconduct is either stealing or fighting.

I doesn't sound like he's done either.

To me it's rather convenient that the problem with the model that OP's DH created was only discovered after he resigned.

I hope there's a resolution to this and gross misconduct is not allowed to stay on his file as this may be remarked on when references are required in future.

As part of the employment talks I hope an agreement of how his leaving will be recorded on his personnel file.

Thanks for all the help and advice.
DH has spoken to acas this morning who were very helpful
He's also spoken to a employment lawyer who has read through an e-mail he'd drafted setting out his rights and has also been told there's no case for gross misconduct.
He's also called HR this morning who were totally unaware of the situation as was the non-exec director!
The non-exec has stated he'll try to help sort things, it seems like the boss took no advice and really doesn't understand employment law.
Feeling much more positive today.