Hello, my name is Ben and it is my pleasure to assist you with your question today. Was there something you wanted to know about this specifically?
yes how should he write his appeal letter, with regard to either reinstatement /second chance or changing the dismissal reason.
How long has he worked there for?
ok leave it with me please I will get something together and respond later today, you will get an email
Thanks for your patience. I will quickly explain the law in this scenario so at least you know what his rights are.
If he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that his employer can dismiss him for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because he was trying to assert any of his statutory rights (e.g. requesting paternity leave, etc.).
If the dismissal had nothing to do with any of the above exceptions then he would not be able to challenge it and his only protection would be if he was not paid his contractual notice period, because unless he was dismissed for gross misconduct, he would be entitled to receive his contractual notice period. If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week.
So if the appeal fails it would be quite difficult to take the matter any further because he simply does not have any protection against challenging the employer’s decision. The best he could hope for is to try and pursue them for the notice period, trying to overturn the gross misconduct in the meantime but he will have to take it to a tribunal and there will be fees involved so may not necessarily be that easy.
In terms of grounds for appeal, then whilst we do not offer a drafting service, all that he would be expected to do in the circumstances is write to them, state that he wants to appeal, provide a summary of the reasons for appeal and the rest is discussed at the appeals hearing. All of the issues you have mentioned here are factors he can raise as an appeal and let the employer consider them but there is no way to guarantee that the decision is overturned or that he is allowed to return, especially as he does not have protection against unfair dismissal.
Hello, I see you have accessed and read my answer 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?
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? Thanks