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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been summarily dismissed due to alleged gross misconduct. No

Customer Question

I have been summarily dismissed due to alleged gross misconduct.
No disciplinary process was followed by my employer.
I was suspended pending further investigation on 29/03/2016 then phoned on 30/03/2016 to be informed my contract was terminated by my employer.
I have been with the company for 5 months so am aware that it is not unfair dismissal, is there a case for wrongful dismissal?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello why were you suspended and dismissed?
Customer: replied 1 year ago.
As i previously stated an alleged case of gross misconduct for theft of another employees tool.
Expert:  Ben Jones replied 1 year ago.
Ok i know it was gross misconduct but not what the actual allegations were. So you were not taken through a disciplinary hearing at all?
Customer: replied 1 year ago.
No process was followed.
I was suspended on Wednesday and phoned on Thursday to be told my contract is terminated.
Expert:  Ben Jones replied 1 year ago.
Ok thank you, ***** ***** with me please, i am finishing off in a tribunal now so will respond later this eve fully. thanks
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. You do indeed have a potential case for wrongful dismissal, which is a dismissal in breach of contract. Unfair dismissal would not be an option due to you not having the required minimum length of service.The dismissal could be wrongful here for a couple of reasons – one is for not following a contractually binding disciplinary policy, the other for dismissing you with no notice period. If there was a contractual disciplinary policy the employer would have been expected to follow that to dismiss, even if the dismissal itself could not have been challenged. Failure to do so could entitle you to claim damages for breach of contract, which in this case would be pay for the time you would have remained employed whilst the employer applied the policy. This would not be that long, maybe a week or two worth of pay at most.The other potential breach is the dismissal without notice period. This can only happen in gross misconduct cases and whilst theft can qualify, the employer would have been expected to at least follow a fair procedure to try and show they had investigated the allegations and had a genuine belief that you were guilty (concrete proof is not necessary). The damages you can recover for this would be pay for the notice period.This is your basic legal position. I have more detailed advice for you in terms of the ways you can pursue the matter 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, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for a thorough answer.If i have done my research correctly i now have to attempt to appeal the decision even though it has not been specifically offered to me.
After that i have to go through the ACAS early conciliation procedure before any tribunal can take place?
Expert:  Ben Jones replied 1 year ago.
Thank you. Yes you are correct, initially you would need to try and appeal although that is not a legal requirement. Try contacting the employer to submit an appeal and see if they respond – if they do not then you can just proceed to the next step which is early conciliation via ACAS. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage You have 3 months within which to make a claim. 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. If conciliation is unsuccessful then you will b given a reference number which you can use to submit the tribunal claim.
Customer: replied 1 year ago.
One final question.The employer has stated that they did not need to follow any procedure, either their own or the on laid down by ACAS due to the fact i was still in my probationary period... Does this have any bearing on the matter?
Expert:  Ben Jones replied 1 year ago.
If there was a contractually binding procedure then they should have followed because regardless of whether you are on probation or not it would be abreach of contract not to follow it. Of course if that policy only applied after successful completion of probation it would not apply but if it was not conditional like that it would be relevant

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