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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I worked for pr1me cleaning as a areamanager the big boss

Customer Question

hi im Steven Renwick i worked for pr1me cleaning as a areamanager the big boss sacked me for gross misconduct for employing people letting them work without all id . However the other area manager does this all the time .I think its because i had been in hospital for 10 days then i told him i was in hospital for operation on 15th june he sacked me on 13th june i've told C A B they said i have a good case for unfair dismissal and compensation i have till 12 september now and pr1me are dragging there heels.my number is *****
Kind Regards *****
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Hi Steven. I am unable to call you at the moment but please can you tell me how long you worked for them for?

Customer: replied 10 months ago.
2 years 5 monthsi havent got much money now or i would ask to call me just paid for membership sorry
Expert:  Ben Jones replied 10 months ago.

No problem at all and thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience and sorry I could not respond earlier as I had some connection issues. I just wanted to ask what specifically you wanted to know about this before I can respond fully? Thanks

Customer: replied 10 months ago.
For Ben Jones i would like to know if i can sue my boss for unfair dismissal or just go with cab advice of £7500 maximum hes worth £1 million as he sacked me for gross misconduct i let a worker work without id however the other area manager does the same .thankssteven renwick
Expert:  Ben Jones replied 10 months ago.

Have you found a new job since?

Customer: replied 10 months ago.
for ben jonesno i havent found a job or tho i have signed on benefit for housing and j s athankssteven renwick
Expert:  Ben Jones replied 10 months ago.

Thank you. As you are protected against unfair dismissal, to ensure that the employer has fairly dismissed you they must show that they had a fair reason for dismissal and that they followed a fair procedure.

Misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.

In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:

· Conducts a reasonable investigation;

· Follows a fair disciplinary procedure;

· Has reasonable grounds for believing the employee was guilty; and

· Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.

In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:

1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.

2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.

3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Whilst there may have been someone else doing the same as you, it does depend whether the employer knew of it, was aware of the practices and turned a blind eye.

In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take this further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 10 months ago.
for ben jones
hi ben i didnt get any of this thats why cab said i could get as much as £7500 he didnt even tell me i was allowed to appeal no letter saying come in for disciplinary nothing denied me my right to appeal didnt want to see me it was over for himthankssteven renwick
Expert:  Ben Jones replied 10 months ago.

Well he cap for unfair dismissal claims is around £78,000, not £7,500. So it means that the maximum you can recover is around £78k but obviously only I you can show you have suffered such losses. In an unfair dismissal claim you would get compensated for loss of earnings so if you have been left without a job and have been trying to get a new one but been unsuccessful in doing so, then you may get compensated for your ongoing losses up to the maximum amount.

So as it looks you are likely to have been dismissed unfairly at least from a procedural point of view, you can take this further.

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/SingleClaimantPage

In 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.

Customer: replied 10 months ago.
for Ben Joneshi Ben ive had email offering me £3000 i think i can get more if i go to court but money is tight is there any way of going to court with your help on a when we win i pay you a percentage . Or i will have to go to wonga sunny quick quid and another pay day loan to get £1200 to take it to court if i have to take to court how long will it take to goto court and get the money to pay off the the payday loans pleasethanks for your helpits appreciated.Steven Renwick
Customer: replied 10 months ago.
thanks BenSteven Renwick
Customer: replied 10 months ago.
i'm having problems sending
Customer: replied 10 months ago.
1
Expert:  Ben Jones replied 10 months ago.

Hi have replied separately to this

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