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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47863
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We are current defending a unfair dismissal case... We

Customer Question

Hi we are current defending a unfair dismissal case... We have a problem I feel the judge has ordered summons the sacking appeals officer to attend court, we have gone to his home to issue the summons to him he will not answer ... If he does not attend
court I realise that the courts will deal with him..... But as far as the case goes will it now fall apart because of this last line of the sacking procedure every thing has been done by the book investigation meeting to the appeals process all by different
people ... We are a volentry committee run CIU club ... help! We are in day 2 of a 5 day trail
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Do you have all the information and minutes relating to the appeal?
Customer: replied 1 year ago.
Yes
Customer: replied 1 year ago.
She is taking us to court for discrimination harassment & unfair dismissal....misleading the committee she drew up her own contract with generous sick pay ( she initially went of with a hysteromy then she got ill was re admitted the a small cancerous Tumour was removed from her kidney .... We simply asked for her contract as didn't have 1 on the premises her sister was payroll and was paying her full pay .... We wondered why as all other staff ssp only ... This is harassment! She says we then went on to find that she had ordered and charged our company for goods she received ... It was decided to do invest etc when she had a btw interview she was then sacked on what we had found out ... Various things tbh .... We gave her pout unity to appeal which she did the appeals officer has since left the committee and has other family issues going on in his life .. The judge says touch he must attend court ..... He will not come .... No matter the consequences ... My question is will our case fall apart because of the problem ?
Expert:  Ben Jones replied 1 year ago.
I would not say that the case will fall apart just because of this. The tribunal still has a duty to act in the interests of justice and the unavailability of a witness does not mean that the whole case will be dismissed. They should still allow it to run with the available evidence. It just means that the appeals part may not be given as much weight as in the case the appeals officer had attended and had the chance to be cross examined. So it could go against you if there are contentious point which only he could answer but he was unavailable to do. Therefore, the tribunal may just have to go on the available evidence, rather than the witness testimony. Also the appeal stage is not the most important one in the dismissal process. Yes, it is relevant, but the investigation and the actual disciplinary are where the real issues are considered. The appeal is just going over the already available information and making a new decision, from someone not involved in the process so far. So the key is still in the process that led to the appeal. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.