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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently been dismissed as a result of malicious

Resolved Question:

Hi, I have recently been dismissed as a result of malicious allegations, there were 10 witnesses in total, 4 of whom claimed I did nothing wrong, the other 6 have a grudge against me, they admit in their statements that they discussed making a complaint against me as a group prior to the investigation. The 4 in my favour gave their statements without notice and are more accurate. I am appealing against this decision, it has come to my attention however, that all statements were taken by the investigator by way of pre-prepared Q&A and hand written notes by her. She later typed these up which were then used and served as the 'statements'. None of the witnesses were never shown the hand written notes or the typed up notes, nor were any of these signed by any witness. One of the witnesses who I have spoken to since and shown them their statement claims that it wasn't actually said like that and that there are a few things included which were not said. I intend to bring this up at appeal, but witnesses are reluctant to attend in person. Where do I stand in relation to the evidence (witness statements) as this is the only evidence against me?
Thanks
David
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long did you work there for?
Expert:  Ben Jones replied 1 year ago.
Hi I received your other responses but can we please keep all communications to this thread rather than posting them as separate questions as it makes things a lot easier. So I understand that you worked there for 6 years. When did the dismissal actually take place?
Customer: replied 1 year ago.

Sorry, dismissed 26th June. Appeal hearing this coming Thursday.

Expert:  Ben Jones replied 1 year ago.
No problem at all, just wanted to clarify how the system works, I know it can be confusing if you are a first time user. When a disciplinary procedure is undertaken, the employer has a duty to conduct a reasonable investigation before they are able to make a decision. Only faults in an investigation which are relevant to the dismissal will affect reasonableness. The law is not very clear as to exactly what lengths the employer is expected to go to and exactly what procedure must be followed as long as it is done in a reasonable and fair way. What is important though is that the evidence is accurate, especially when it comes to witnesses’ accounts of events. So if there are discrepancies between what was provided as evidence and what was actually used at the disciplinary, that could make the process unfair. The statements need not be signed by the witnesses for them to be valid but it is really a factual matter as to whether what was said is what was eventually used. It is also important to consider whether having used the accurate information would have made a difference to the outcome. Let’s say you successfully show that the evidence was not quite correct but even if it was corrected and the disciplinary held again, the employer came to the same conclusion and you were still dismissed, then that would make this issue somewhat irrelevant. To be able to successfully challenge this you must be able to show that the inaccuracies were so fundamental that the employer would have actually come to a completely different conclusion had the correct evidence be used. Immaterial inaccuracies which would not affect the original outcome would not really be sufficient to challenge this even if technically it was the incorrect evidence which was used. So it is certainly possible to raise this in your appeal and highlight it as the major issue that led to your dismissal. The employer will consider this in their appeal and come to a decision, which is either to reinstate you or to confirm the dismissal. If the dismissal stands then all you can do next is go to the employment tribunal to claim unfair dismissal. The good news is that before you can claim you are required to go through ACAS and use their free conciliation service to try and negotiate with the employer so in effect you have nothing to lose by at least trying this and it could result in some financial compensation without the need for a formal claim. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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