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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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Can my director dismiss me because we dont get on and call

Resolved Question:

Can my director dismiss me because we don't get on and call this "break down of trust"?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer:

18 years, permanent contract 37 hours a week, 10 of those years as a Locality Manager

taratill :

Have you been called to a disciplinary hearing or asked to sign a settlement agreement?

Customer:

went through the disciplinary process and a hearing, the allegation was gross misconduct the reason for dismissdal was "Some other subtantial reason" Once i joined the union and submitted my appeal i was approached with a compromise deal,

taratill :

Ok, on the basis of what you say it is likely that the dismissal would be deemed to be unfair in the employment tribunal. Simply not getting on with an employee would not be sufficient to justify a dismissal for 'Some other substantial reason' as it would not be considered to be substantial.

taratill :

Unless you committed an act of gross misconduct, which does not appear to be the case, you have been unfairly dismissed.

taratill :

If you were to bring a claim for unfair dismissal compensation would be based upon economic loss to the point at which you find another job. This is subject to a duty to mitigate loss.

taratill :

When trying to work out if you should agree to a compromise (settlement) agreement you have to consider whether any offer is reasonable on that basis.

taratill :

If you have any furher questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

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