Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Hi there. No problem at all and apologies for the slight delay. Please can you clarify when the employee left exactly?
Hi there, looking at what happened I am afraid to say there has been a complete lack of any fair disciplinary or dismissal process followed by you and the dismissal is very likely to be unfair procedurally.
On all occasions you dealt with him, when you issued the warnings and when you dismissed, you would have been required to follow a fair disciplinary procedure. This would have required you to investigate the allegations against him, to gather evidence to provide all of that to him in advance of a formally arranged disciplinary hearing and given him the chance to appeal. On all occasions you went straight to the outcome without any procedure being followed. All of this is likely to mean that he was indeed unfairly dismissed.
Whether you dismissed him because of his conduct or the redundancy you still would have been required to follow a fair procedure and that clearly did not happen. So yes, he can certainly claim unfair dismissal and he has 3 months in which to do this. You need to consider re-engaging him to avoid a dismissal (which he does not have to accept), or perhaps coming up with a financial settlement amount to ensure he does not make a claim to tribunal. However, do not offer him the settlement until he has commenced the claims process through ACAS.
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In an unfair dismissal claim, if successful, he can get a basic award (this is calculated in the same way as a statutory redundancy payment: https://www.gov.uk/calculate-your-redundancy-pay). In addition he can go for a compensatory award, which is there to cover his loss of earnings resulting from the loss of his job. Whilst he has a duty to try and find a new job asap, if he cannot do so then he may get loss of salary compensation for a period of time until he either manages to find one or for a reasonable period of time that a tribunal determines he may be off in the current circumstances. So it is difficult to tell you what a fair figure would be as a result, because there are so many factors that depend on it
You can just post a new question like you did with this one, but mark it for my attention, and then I will pick it up and help you as needed