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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47905
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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An employee of our company has been dismissed because of issues

Resolved Question:

An employee of our company has been dismissed because of issues of misconduct, he was employed on a full time basis for 1 year and 1 month and has now contacted us to appeal his dismissal, does he have the right to appeal based on his length of service
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did he have a contract in place which gave him the right to appeal?
Customer: replied 2 years ago.
No we have no contract in place with any of our employees as we are a start up company and we didn't have that type of structure in place
Customer: replied 2 years ago.
Do you need any more information?
Expert:  Ben Jones replied 2 years ago.
Failure to allow this person to appeal would amount to a procedural failure and against the ACAS code of conduct but with less than 2 years service they cannot challenge it and claim that they have been unfairly dismissed. If there was a contractual right to appeal then you would have acted in breach of contract if you refused the appeal. The only remaining issue is that you have dismissed them for gross misconduct and as such removed their right to receive notice pay. If they have a valid appeal then they could potentially try and overturn the gross misconduct charge and whilst you may still dismiss them, it may not necessarily be for gross misconduct and they could get their notice pay. So they may try and argue that they have not been given a fair right to appeal the gross misconduct charge and try to pursue their notice money if they believe they had a valid defence. So to cover yourself you may wish to hear the appeal to see if that is the case and you can still dismiss them if needed but just with notice pay.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.
Ben just to clarify, is the appeal to us as the employer or an external tribunal, and we have already calculated any pay owing to the employee and will be paying it to him. He was dismissed after several verbal and written warnings.
Expert:  Ben Jones replied 2 years ago.
So have they been paid the notice period they were due on dismissal?
Customer: replied 2 years ago.
We are calculating his wages at present and they will be paid to him at the end of September.
Expert:  Ben Jones replied 2 years ago.
Okay but will you be paying him for the contractual notice period that he is entitled to or in the absence of a contractual notice period a weeks notice which is the minimum he would be entitled to under law?
Customer: replied 2 years ago.
Yes we were paying him a weeks wages plus any overtime he was due (ps he was monthly paid if that makes any difference?)
Expert:  Ben Jones replied 2 years ago.
Okay in that case you don't really have anything to worry about. Any appeal he tries to make a would have been directly with you so if you refuse to hear that appeal then he cannot challenge that because he does not have sufficient service to do so. The only other claim he could have made was for failure to get may notice pay but as long as you pay that there would be nothing he can do to take this further so you do not have to hear the appeal if you do not want to
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Customer: replied 2 years ago.
Thanks Ben, I'm glad to have some legal back on that. Have a good day.