Partner is contesting dismissal from Work with interview but they have already replaced him?

[uhohspagbowl]

My partner was dismissed from work a couple of weeks ago, we believe very unfairly.

He has since got a new job but he is also contesting the dismissal and there is a hearing about it with the company manager on the 27th March.

He's just been told by a friend and former Co worker that his job has been given to someone else.

Surely they should have waited until his hearing? Is this unfair?

Any help please would be really appreciated!

On what grounds is your DP contesting his dismissal? If he hasn't completed 2 years with the company yet, they may have already taken the view that the decision has been made and may even have started the recruitment process putting out the feelers for his replacement before communicating the decision to him, which is why it was so quick.

Is he contesting the decision on the basis of discrimination eg mental health?

If he has got a new job now, what does he stand to gain? Apart from his belief that he was treated unfairly, why pursue further?

The replacement's neither here nor there really. The company may have decided that even if they lose, they're going to pay rather than take him back, so it makes sense for them to get on that asap tbh. The costs associated with that would be their problem not your DPs, and it's not likely to affect his case. I wouldn't worry about it, focus on the hearing.

Yes it doesn't affect your DP's case at all, and in fact doesn't affect him in any way unless he is seeking reinstatement, which as he has a new job, I imagine he isn't?

I don't know how long your partner worked there and on what grounds he feels his dismissal was unfair, but do bear in mind that compensation in a tribunal for unfair dismissal is based solely on financial loss. This means if he has a new job already, unless it is significantly lower paid, he will have incurred very little if any financial loss.

If a hearing is arranged he should of course attend and have his say, but just be aware if he doesn't get anywhere with the hearing, it's probably not worth pursuing any further.

There isn't enough information in your OP

How long had your DP worked there?

Why was he dismissed?

What reason was he given for being dismissed?

Unless it was a redundancy it’s perfectly open to the employer to replace someone they’ve dismissed.

If he has another job presumably he’s not seeking reinstatement anyway so what’s he unhappy about?

This means if he has a new job already, unless it is significantly lower paid, he will have incurred very little if any financial loss

Also depends on in-service benefits. And also losing job security if he'd been in the role for over 2 years. The OP's DH should absolutely get some compensation if he's earning less and/or the benefits are not as good. If not, well pursuing things is probably just a painful process that I wouldn't put myself through.

Remember that you have to lodge a claim within 3 months of dismissal (this may be after an internal appeal hearing but I don't know about that so please check) so don't waste time.

For all we know the OP's DP was dismissed for good reason so he isn't necessarily entitled to compensation.

Indeed - that's why I asked the OP for more information Persian there isn't enough important detail to give any meaningful advice.

Without any details as to why the dismissal may or may not be unfair it's difficult to be sure. However it is probably the case that whether or not the dismissal was fair and reasonable, goodwill and trust have been comprehensively destroyed probably in both directions so it is unlikely that reinstatement is an option so recruiting a replacement isn't unreasonable. The best outcome your partner can hope for would be some financial compensation to make up for how he was treated, plus a mutual agreement on how your partner can describe his reason for leaving along with an agreed for of words for any future references the company may be asked for, to ensure this incident doesn't jeopardise his career long-term.

When a decision is made to dismiss someone it is normal for a company to replace them. What then matters is what happens in the (highly unusual) circumstances they uphold his appeal and reinstate him. If they do they'll owe him back pay and he'll be entitled to his job back. It'll be up to them what they do with the backfill.

I wouldn't get your hopes up...