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C.Cornel
C.Cornel, Lawyer
Category: Law
Satisfied Customers: 675
Experience:  Senior Lawyer at Legal Group
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I have a couple of questions (asking on behalf of a friend

Customer Question

Hi I have a couple of questions (asking on behalf of a friend about gross misconduct - termination of contract. Is that something you can help with. Quite complex circumstances.
Assistant: Was the termination discussed with a manager or HR? Or with a lawyer?
Customer: Essentially the employee had resigned - had come to an agreement about notice to be worked with senior manager and agreed a leaving date of 3rd Nov. A situation then occurred with line manager which resulted in an altercation - essentially line manager made very inappropriate comments about the employee’s mother - she died when he was 9 and this was a known fact. The employee punched line manager and walked out. He then returned later that day in an attempt to discuss and resolve the conflict and was told by
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a friend of employee. No he doesn’t belong to union. I believe his employer has not followed process. He has been advised by email is contract has been terminated and he will not be paid anything (hours worked prior to this or accrued holiday). No interview, no opportunity for him to be represented
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: There is quite a long back story but complicated
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
Can I cancel this order I was advised 8 min wait time 20 mins ago and wish to withdraw my membership straight away. I was led to believe that I would be connected to a solicitor to receive advice straight away
Expert:  C.Cornel replied 13 days ago.

 

Hello. My name is Cornel, I am a licensed lawyer from the UK.

Expert:  C.Cornel replied 13 days ago.

If you still need help, let me know.

 

Thank you.

Customer: replied 13 days ago.
Hi I wanted to ask a question re summary dismissal for gross misconduct on behalf of a friend
Expert:  C.Cornel replied 13 days ago.

Sure, I see your statement above, do you wish that I address those particular circumstances?

 

Thank you.

Customer: replied 13 days ago.
No thanks -I can’t afford the addition fee
Expert:  C.Cornel replied 13 days ago.

No worries, you don't have to call, the call suggestion is automatic.

 

We can solve your case in writing.

 

Thank you.

Customer: replied 13 days ago.
ok So quite complicated but regardless of the circumstances - employee has had a ‘without predujice’ email advising of summary dismissal for gross misconduct - after resignation. Details misconduct but no process followed - no invitation to disciplinary, no right to be accompany, no reference to right to appeal. No meeting and details no payment in
Lieu of notice - there is accrued holiday and non payment for hours worked. Gross misconduct was conducted however there were mitigating circumstances. How should employee respond - next steps?
Customer: replied 13 days ago.
I think could constitute wrongful dismissal - based on lack of process alone. And surely unlawful not to pay accrued statutory holiday and payment for hours worked prior to receiving the email informing of dismissal?
Expert:  C.Cornel replied 13 days ago.

It does appear the proper procedure was not followed by the employer.

 

Therefore, most likely the employer is in breach of contract and breach of procedure. He would be legally liable for these actions.

 

The next steps of the employee is to pursue either a complaint drafted by himself or a legal demand letter prepared by a law firm, if that would be affordable.

 

In both instances, he must demand his material (actual) pay and subsequent compensation.

 

Thank yoou.

Customer: replied 13 days ago.
Thanks thought so - the mitigating circumstances involve bully and harassment as well so I have advised him to speak to ACAS as a first next step - sensible? I just wanted to check as I have senior management HR experience but am not legally trained/qualified
Expert:  C.Cornel replied 13 days ago.

The first step is always to contact the employer and pursue a complaint.

 

If the dispute is not resolved, you have the legal right to escalate the matter further.

 

Thank you.