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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48493
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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worked for my company for 20 years they have just sacked me

Customer Question

worked for my company for 20 years they have just sacked me for gross misconduct breaching health and safety never had disiplen before no warnings at all just sacked is this leagal ? got my appeal on 14th they only have photoes of the other person involved none of me but they are going by body languge whice i totaly repute any advice will be welcome thank you
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.
Hello and thank you for your question, which I will be happy to assist you with. Please let me know if they took you through a disciplinary hearing?
Customer: replied 4 years ago.

yes they did first time i have had one

Expert:  Ben Jones replied 4 years ago.
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:
• Carries out a reasonable investigation;
• Follows a fair disciplinary procedure;
• Has reasonable grounds for believing the employee was guilty; and
• Show that dismissal was a reasonable decision that a reasonable employer would have taken in the circumstances.

I will deal with these requirements in more detail:

1. Investigation - what is a reasonable investigation depends on the case and what resources are available to the employer. However, an employer is only expected to go as far as is reasonably practicable in the circumstances and they would not be expected to conduct a forensically detailed investigation.

2. Disciplinary hearing - if the investigation produces evidence that misconduct may have occurred then the employee should be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations and any evidence to be used against them. They have the statutory right to be accompanied at the hearing but only by a trade union representative or a colleague. At the disciplinary hearing the employee must be given the opportunity to defend the allegations.

3. Decision - if, as a result of the investigation and the disciplinary hearing, the employer holds a genuine belief that the employee was guilty, they can go ahead and dismiss. When deciding on whether to dismiss, the employer should consider the employee's length of service and disciplinary record. Therefore, longer service and a clean disciplinary record should result in the employer giving more thought into deciding what action to take.

4. Penalty - unless the offence in question amounts to gross misconduct (i.e. something so serious to justify instant dismissal), the ACAS Code of Practice recommends that the employee should be issued with a warning first. If any further misconduct occurs in the future, only then should dismissal be considered.

In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. A dismissal can be fair if the employer can meet the above requirements.

If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least a year's continuous service with that employer.

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Customer: replied 4 years ago.

ben jones only can they dissaplin and sack me even though i have not signed a contract

Expert:  Ben Jones replied 4 years ago.
Yes they certainly can, a contract is no a legal requirement to have