I was delighted to help my client who had been dismissed by her employer for gross misconduct. Please read on to find out more.
My Client’s Story
My client had worked for her employer for several years. One day, out of the blue, she received a telephone call from her Line Manager accusing her of stealing from a shop on her way to work. Her Line Manager provided very vague details about the incident. They would not confirm information such as the shop in question, when the alleged theft had taken place or what my client had allegedly stolen. My client was, understandably upset and confused by her Line Manager’s assertion, but nevertheless did her best to try and answer his questions. My client strongly denied the alleged theft.
My client then continued to work as usual and, therefore, reasonably considered the misunderstanding had been resolved. However, to her surprise, some weeks later she was instructed to attend a meeting and provide a witness statement in relation to the alleged theft. Again, this being without any further information about the allegations. Despite this and in an attempt to try and help resolve the misunderstanding, my client attended and tried her best to provide a witness statement. Following the meeting, my client was then instructed to work from home, whilst her employer decided on their next course of action.
Weeks then passed by, and my client was left without any indication (or, indeed, contact) from her employer in relation to what (if anything) would happen about the alleged theft. To my client’s surprise, however, she then started to receive telephone calls from various Managers, pressuring her to resign from her employment “before it was too late”. This, coupled with her company car being collected without warning or reason, left my client understandably upset and concerned her employer was trying to remove her from the business.
Following the above, my client again did not hear anything further from her employer for some time. She then received an invitation to a disciplinary hearing, but this was not received until after the date for the meeting had passed. My client tried to contact her employer to explain that she had been unaware of the disciplinary hearing and to see what was going on. However, she received no response. Then, without warning, my client stopped being paid by her employer.
How Did I Assist My Client?
My client was, understandably, very upset about the above. Particularly, my client was concerned that she had in fact been dismissed by her employer.
As such, after not receiving any further pay (or contact) from her employer, my client telephoned Lincs Law Employment Solicitors for a free initial enquiry. During this initial telephone conversation, we spent time discussing what had happened, and we were able to reassure her that we could help.
I was then delighted that my client decided to book in for a Fixed Fee Consultation with me. For more information about our Fixed Fee Consultations, please see here – https://lincslaw.co.uk/fees/employees/
During our Fixed Fee Consultation, my client was very upset about her situation. This was, of course, completely understandable. As our Fixed Fee Consultation was of unlimited duration, I was able to spend time talking to my client and undertaking a full assessment of her situation. Particularly, during our Fixed Fee Consultation, we discussed the following:
- The full background of my client’s situation; and
- My client’s objectives and what she wanted to achieve; and
- The potential Employment Tribunal claims she had/may have in the future; and
- The value of those Employment Tribunal claims; and
- The relevant time limits; and
- The next steps to put her in the best possible position; and
- Funding options available for my assistance going forward.
During our Fixed Fee Consultation, after undertaking a full assessment of my client’s situation, I spent time formulating an ‘action plan’ of next steps, with a view to helping my client achieve her objectives.
Essentially, in relation to my client’s pay issues, I was able to reassure her that she had excellent claims for Unlawful Deduction of Wages/Breach of Contract in the Employment Tribunal. We therefore spent time discussing the Employment Tribunal process, and the time limits for doing so.
In relation to my client’s (suspected) dismissal, we formulated a further action plan of next steps. This included contacting her employer for clarification on her position, and appealing her dismissal if she had, in fact, been dismissed. I was also able to reassure my client that, if this was the case, she had an excellent claim for Unfair Dismissal in the Employment Tribunal.
Following our Fixed Fee Consultation, I confirmed my advice in writing to ensure my client had a full record of our discussions. Following receipt of my letter of advice, I was delighted that my client decided to instruct me further to assist with the action plan above.
As part of my client’s instructions, firstly I drafted correspondence for my client to send directly to her employer. From this, we were eventually able to establish that she had, in fact, been dismissed from her employment. For this reason, to obtain further information/documentation in relation to my client’s employment matter, I drafted (and submitted) a Subject Access Request to her employer. For more information about this, please see here – https://lincslaw.co.uk/blog/can-i-make-a-subject-access-request-to-my-employer/.
In addition to the above, I also drafted a very detailed Appeal Against Dismissal, setting out fully why her dismissal was unfair, and assisted my client throughout the appeal process.
Shortly after my client’s appeal meeting, her employer changed approach and acknowledged some of their errors. They also, however, started to make threats towards my client about money she allegedly owed them.
I was able to reassure my client that her employer’s threats were unsubstantiated, and that she still had excellent claims to pursue in the Employment Tribunal. I then communicated this to my client’s employer and, unsurprisingly, they changed their approach and indicated they would be willing to enter into without prejudice settlement negotiations. For more information about the nature of without prejudice negotiations, please see here – https://lincslaw.co.uk/blog/what-does-without-prejudice-mean/.
After taking further instructions from my client in relation to her objectives, I put forward a without prejudice offer of settlement to her employer. After some negotiation, I was delighted to be able to agree an offer of financial settlement on behalf of my client. I was so pleased to achieve this outcome for my client and her family.
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we have a combined 80 years’ experience advising clients facing misconduct allegations at work. We therefore understand this can be stressful and puts pressure on you and your family. If you are facing disciplinary action at work, or you have been dismissed by your employer, please contact us for a no obligation, free consultation. Simply use the contact form, engage in a web chat, email firstname.lastname@example.org or call us on 01522 440512 and we’ll be happy to help.
Alternatively, for more information about disciplinary matters, please see my other blogs below:
I Have Been Invited To A Disciplinary Investigation Meeting, What Should I Say? https://lincslaw.co.uk/blog/i-have-been-invited-to-a-disciplinary-investigation-meeting-what-should-i-say/
I Have Been Suspended From Work, Will I Be Sacked? https://lincslaw.co.uk/blog/i-have-been-suspended-from-work-will-i-be-sacked/
Client Story: Disciplinary Investigation Meeting https://lincslaw.co.uk/blog/client-story-disciplinary-investigation-meeting/
Who Can I Take With Me To My Disciplinary Hearing? https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-disciplinary-hearing/
Top Tips For A Disciplinary Hearing https://lincslaw.co.uk/blog/employee-top-tips-for-a-disciplinary-hearing/
How Do I Appeal My Gross Misconduct Dismissal? https://lincslaw.co.uk/blog/how-do-i-appeal-my-gross-misconduct-dismissal/
Can You Claim Unfair Dismissal If You Have Been Sacked For Gross Misconduct? https://lincslaw.co.uk/blog/can-you-claim-unfair-dismissal-if-you-have-been-sacked-for-gross-misconduct/
Trainee Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas Appeal against Disciplinary Data Subject Access Request deductions to pay defending disciplinary allegations disciplinary disciplinary dismissal Gross Misconduct gross misconduct appeal Kate Key lincs law employment solicitors Trainee Employment Solicitor