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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6430
Experience:  15 years experience of advising on employment law matters
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My dad has been dismissed for gross misconduct, but the company

Customer Question

My dad has been dismissed for gross misconduct, but the company has not followed the company procedure of taking note/ written documentation of the meeting and he did not sign any paperwork to confirm he was happy with what was said. He got dismissed in this meeting.
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.

taratill : Hello and welcome to Just Answer, how long has he worked there for?
JACUSTOMER-fjzazv5n- : 17 years
taratill : what is the reason for the dismissal?
JACUSTOMER-fjzazv5n- : He made a comment on Facebook about a black colleague
taratill : ok, could the comment be percieved to be of a racist nature?
JACUSTOMER-fjzazv5n- : Yes it was, no names were mentioned, he referred to her as a f***ing black bitch. It was seen by other people and reported. There isn't just one black person in the office there are a couple.
JACUSTOMER-fjzazv5n- : it doesn't mention on his Facebook account where he works. The lady it was about has not complained.
taratill : was it obvious it was about the person at work on the basis of what was written
JACUSTOMER-fjzazv5n- : Potentially yes. He also put in the office!,
Expert:  taratill replied 4 years ago.
Hi was it obvious it was about the work colleague?
Expert:  taratill replied 4 years ago.
ok what procedure did the employer follow?
Customer: replied 4 years ago.
They have a disaplinary procedure that they follow and in it it states that meetings will be documented and signed by both parties, this happened in the first meeting but not the second.
Expert:  taratill replied 4 years ago.
Hello sorry for the delay. Other than the failure to ask your father to sign the documented notes is there anything else lacking in the procedure?

Specifically has he been given : notice of the meeting, the right to be accompanied at the meeting and the right to appeal against the decision.

Is there a discrepancy between what they say happened at the meeting and your father's recollection?