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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47594
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My son has been summarily dismissed from his employment for

Customer Question

My son has been summarily dismissed from his employment for swearing at a colleague as gross misconduct but we believe that the process has been handled badly/incorrectly and has been unfairly concluded due to numerous anomilies in the process. He would like his job back or at least the summary dismissal removed. Which direction should we go forward tibunal or via ACAS for early conciliation.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
How long did he work there?
Customer: replied 1 year ago.
For Ben Jones 2 years 4 months since leaving school
Expert:  Ben Jones replied 1 year ago.
Thank you for your patience. As he has more than 2 years’ service he will be protected against unfair dismissal. This means that to fairly dismiss him the employer has to show that there was a fair reason for doing so and also follow a fair procedure. If they have not been able to demonstrate either of those requirements then the dismissal could potentially be unfair.Following the dismissal, the employee would usually be expected to make a formal appeal with the employer. As you have already done so and the appeal has been unsuccessful the only option is to take the matter to tribunal. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here:https://ec.acas.org.uk/Submission/SingleClaimantPageIn terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits (in this case 3 months from days of dismissal).So you have no option but to initiate early conciliation before you ate allowed to submit a claim at tribunal. This is your basic legal position. I have more detailed advice for you in terms of the procedure required by an employer to justify a misconduct dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you22/04/2016

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