Client Story: Gross Misconduct Dismissal
I recently assisted a client who had been dismissed from work on the grounds of gross misconduct. Please read this post to see how I helped my client through the appeal process which resulted in his reinstatement at work.
My Client’s Story
My client came to see me after being dismissed for breaching company policy. He was understandably distressed having been put through an investigation, disciplinary procedure, and subsequent dismissal. He strongly denied the misconduct alleged by his employers and had concerns about the way in which his investigation and disciplinary process had been handled.
At our initial meeting, I let my client tell me his story. We started at the very beginning with the alleged incident and went right the way through to his dismissal. After obtaining a comprehensive background of his employment and in particular the incident in question, we then discussed all the relevant paperwork he had received and the disciplinary procedure his employer had followed.
The next stage was to discuss my client’s objectives and what he wished to achieve from the situation. I considered he had excellent claims for unfair dismissal, wrongful dismissal and sex discrimination. He instructed that he wanted obtain reinstatement with his employer. We therefore agreed that we would use the strength of his potential claims to “persuade” his employers to reinstate him.
Within 48 hours of receiving my client’s instructions, I had drafted him a very detailed appeal statement. I had reviewed his employer’s disciplinary procedure, the policies he allegedly breached and the ACAS Code of Grievance and Disciplinary Procedures. I was able to highlight the various breaches that had been made and inconsistencies shown throughout the investigation and disciplinary process.
My client also had a grievance of sex discrimination in respect of a difference in treatment between him and his female colleague involved in the same incident. In addition to his appeal statement, my client instructed me to prepare his grievance statement ahead of his grievance meeting.
In respect of both his appeal meeting and grievance meeting I was mindful of my client’s need to manage his legal costs and therefore I agreed that the drafting of his appeal statement and grievance statement would be done by way of a fixed fees.
I was delighted when I received confirmation a week after submitting the appeal statement, that my client was to be reinstated in his role. My client will receive backdated full pay from the date of his dismissal to the date of his reinstatement. His continuous service will not be affected by this dismissal, which was very important for my client given his many years of dedicated service.
My client was thrilled that we were able to obtain a positive outcome and that he could continue in his career.
Can Lincs Law Employment Solicitors Help You?
If you are going through a disciplinary process and need help, please call on 01522 440512 for a free, no obligation telephone consultation. Alternatively, for more information about employment disciplinary matters, please visit our website at https://lincslaw.co.uk/blog/work-disciplinary/
Specialist Employment Law Solicitor