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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74321
Experience:  Qualified Solicitor
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On 1/04/2020 I was dismissed for gross misconduct for not

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on 1/04/2020 I was dismissed for gross misconduct for not answering my phone or returning e-mails for a period of time I was placed on the sick from the company I worked for, the period of time was no more than a week. I am seeking wrongful dismissal but have no idea how to go about it.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: not as of yet, I have been asked to attend an exit interview when the pandemic is over and lock down eased. My brother-in-law works for a law firm and has said with the evidence I have there is a case, his law firm does not offer any financial assist but has recommend I pursue the matter as they believe my claim is legitimate
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: My employment status was an employee, no union, my occupation was a service engineer, the initial disagreement was over visiting various companies although my partner was off work due to chest infection
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the company I worked for did let me keep the company car for several weeks following dismissal but this was due to the current epidemic

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long had you worked there for, before being dismissed? and did you notify your employer of the sickness/absence according to company policy?

I note you have reposted your query. Please provide the information requested on this thread so that I can assist

Customer: replied 1 year ago.
Hello Ben, I believe company policy was not adhered to as I was placed on sick leave, week previous I was instructed to work from home, I was compliant, the following week I was asked to attend a site in Newcastle, I wasn't prepared to as my partner was off work with a chest infection. My manager then changed my rota to 'sick' instead of 'work from home' have you seen my uploads?
I worked for the company for approx. 3 years

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Many thanks for your patience. If an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them the employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.

According to the Employment Rights Act 1996 there are five separate reasons that an employer could rely on to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and that the outcome was one that a reasonable employer would have come to in the circumstances.

If they just went ahead with the dismissal without going through a fair procedure or giving you an opportunity to answer the allegations or appeal, then the dismissal will likely be unfair, at least procedurally. You now have 3 months from date of dismissal to take this to the Employment Tribunal

Before a person can make a claim in the employment tribunal, they would be required to participate in mandatory early conciliation through the Advisory Conciliation and Arbitration Service (ACAS).

The purpose of this process is to allow ACAS to mediate between the claimant and respondent to agree on an out of court settlement in order to avoid the need for legal action in tribunal. The respondent does not have to engage in these discussions, or if they do and the talks are unsuccessful, the claimant will be issued with a certificate allowing them to make a claim.

However, if a settlement is reached, the claimant would agree not to proceed with the claim in return for the agreed financial settlement. Other terms can also be agreed as part of the settlement, such as an agreed reference.

To initiate the conciliation procedure ACAS can be contacted online by filling in the following form (https://ec.acas.org.uk/Submission/SingleClaimantPage), or by phone on 0300(###) ###-####

If the conciliation process was not successful and you then wanted to make a formal claim in tribunal, you can do so here:

https://www.employmenttribunals.service.gov.uk/apply

Does this answer your query?

Customer: replied 1 year ago.
Thank you, ***** ***** recommend filling the form in or contacting a solicitor first? I have no funding as I'm trying to keep my house at the moment do would have to consult a solicitor that comes with financial assistance.

No need to involve a solicitor, it will be expensive and you won’t get your money back for that so you can do it by yourself, with the help of ACAS

Does this clarify things a bit more for you?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your assistance

Welcome