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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50159
Experience:  Qualified Employment Solicitor
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If you are dismissed on Gross Misconduct, also receive advice

Customer Question

if you are dismissed on Gross Misconduct, also receive advice from Acas, plus Appeal against original outcome yet do not get discision reversed.
Feel strongly I was unfairly dismissed as all I did was have a member of staff agree to work some UNPAID hours to support the store trading. This was because she could only be paid for the maximum of 16 hours, due to receiving Benefits from the Job Centre. My Area Manager was fully aware of staffing situation. Plus I am not the only authorised member of staff that can adjust the timesheets within the store.
Being the timescales have been reached past Concilation, apart from needing to pay high fees is there any way that I can get some one Legally to listen or read my defence to overturn the dismissal?
Regards John
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and when did the dismissal take place?
Customer: replied 2 years ago.



Expert:  Ben Jones replied 2 years ago.
Thank you and when did you get dismissed?
Customer: replied 2 years ago.

13th February 2015

Expert:  Ben Jones replied 2 years ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this afternoon. There is no need to wait and you will receive an email when I have responded. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, when someone is dismissed the options on challenging the dismissal are as follows:
1. First of all you have the right to appeal to the employer directly. If the appeal is unsuccessful and the dismissal stands then you move on to the next steps
2. The second option is to engage ACAS in what is known as ‘early conciliation’. This is a mandatory step before you are allowed to issue a claim I the employment tribunal. However, the conciliation process must be commenced within 3 months of the dismissal, otherwise you would be out of time
3. If the conciliation process is unsuccessful, you would be issued with a reference number which would allow you to make a claim in the employment tribunal to challenge the dismissal. The claim must also be submitted within 3 months of the dismissal, although any time spent conciliating with ACAS will not count. Let’s say you started the conciliation process a week before the 3 months were up and it lasted 1 month, then as soon as the conciliation is finalised you would still have a week to make your claim.
If you have missed the deadline to submit a claim or start conciliation then I am afraid that is the end of your options to challenge the dismissal. There are no other organisations you could take your case to and the case would be deemed closed.
The only other option is the county court but only if you can show breach of contract. The court will not consider the fairness of the dismissal or order the employer to take you back on. All they can do is issue compensation for the alleged breach of contract by the employer. But there has to be a breach of contract first, and you must also show you have suffered losses as a result. This would not be appropriate for claims where no breach of contract exists and you are just unhappy with the employer’s decision.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I have completed the appeal process against company. Received advice from Acas but the company in question have not consider any conciliation. They also refused to give me the Solicitors contact details so I could ensure they had been given my full defence. I finally found details via the internet, but his response was the case was closed. Acas could not give me their details for confidentiality.

So now all this has been completed and the date I lost my job was 13th February 2015, if I was to use a Tribunal to try to over turn the decision could give me some idea of the up front costs it would cost me. Because they have not only taken my employment away from me but also given the Job Centre, as far I am concern, incorrect information which is also now being reviewed

Expert:  Ben Jones replied 2 years ago.
Have you been issued with a reference number by ACAS which allows you to go ahead with a tribunal claim? Also it would be useful to know the dates when the conciliation started and ended?
Customer: replied 2 years ago.

Yes plus a copy of Certificate that Acas emailed to me

Expert:  Ben Jones replied 2 years ago.

Thanks and do you have the details of when conciliation officially started and ended?

Customer: replied 2 years ago.

Will check the actual actual paperwork and get back to you a.s.a.p.

Customer: replied 2 years ago.

Official date on the Certificate that Acas printed was that I made contact with them was 9th March 2015

Expert:  Ben Jones replied 2 years ago.
Thanks and the date the certificate was issued please?
Customer: replied 2 years ago.

10th March 2015

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Sorry to ask again, but I need to get the dates exactly clear. Do you mean that you initially contacted them on 9 March and negotiations were unsuccessful, so they gave you the certificate on 10 March with the reference number for the tribunal? I basically need the dates during which conciliation was formally taking place thanks