Hello again, what information was he actually given in advance f the meeting?
Hi there, the ACAS Code says that the letter inviting the employee to a disciplinary should set out sufficient information about the allegations and their possible consequences to enable the employee to prepare their case for the disciplinary hearing. Copies of any documents or evidence on which the employer intends to rely at the hearing should be provided.
There is no formal requirement for gross misconduct to be mentioned if it has been made clear that dismissal could be one of the outcomes. The employee needs to be informed of the potential consequences and if they have been told that dismissal is an option then that is sufficient – it already shows them the seriousness of the offence.
Now even with 3 years service and a clean record, it is possible to dismiss without any previous warnings if the misconduct is serious enough. Whether that is the case will depend on the particular circumstances but do not assume that no warnings means no dismissal is possible.
At this stage, now that the appeal has been completed and assuming it was rejected, his only option is the ACAS conciliation procedure which I presume you are already following…
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usually in tribunal claims each party pays their own fees so even if you pull out partway or you lose, the starting position is that you only pay your own fees. However, if you have been given an official costs warning by the other party or tribunal that you have a weak case and that by continuing you may potentially be liable for the other sides's costs and you unreasonable continue with the claim, they could make an application for costs against you. You would be given a warning though in advance and the chance not to continue.
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