I recently concluded a Gross Misconduct – Wrongful & Unfair Dismissal claim. Read on to see how I helped my client…
My Client’s Story
My client had worked for their employer for over 14 years and had an exemplary performance and conduct record. In the last 12 months of employment, my client’s workload slowly increased which resulted in some time off work for stress related absence. Following my client’s return to work, the employer failed to carry out any stress risk assessment or support my client’s return. Instead, my client was notified they were to be invited to a disciplinary hearing to answer several allegations of Gross Misconduct which may result in the termination of employment – without notice.
My client was initially assisted by a trade union. Despite suffering with stress and the employer failing to provide certain key evidence, the disciplinary hearing took place. During the hearing, my client provided clear and valid explanations to allegations faced. Notwithstanding that, they were dismissed for Gross Misconduct and sensed the decision had been predetermined. My client’s employment ended immediately, they received no notice pay and after 14 years of service with this one employer, would struggle to find new work without a reference.
My client contacted me after dismissal and attended what we term a Fixed Fee Consultation appointment. During the appointment I took my client’s detailed instructions on the evidence and advised that in my view, the dismissal was both Wrongful and Unfair. Having assessed my client’s salary and benefits information I was able to value the potential claims and advise on the immediate next steps action that was required to put them in the best possible position.
Once my client reviewed my full written advice, they took the decision to instruct me to act on their behalf. As such, I prepared a detailed appeal against dismissal statement and commenced what is termed ACAS Early Conciliation on their behalf. Within the appeal document and supporting evidence bundle I highlighted why in my view the dismissal could not be fair. This including emphasizing evidence in my client’s favour, and cross referencing that to the allegations and procedures the employer had purported to rely upon. Through the ACAS Early Conciliation process (and taking account of the loss of trust my client now had towards their previous employer), I was instructed to seek a compensation payment and a positive reference.
Following receipt of the appeal documentation the employer quickly confirmed to ACAS that they wished to engage in settlement discussions. What followed was an early resolution in my client’s favour which provided them with a significant compensation payment, along with a detailed and positive reference. My client was able to draw a line under the ordeal and move on with their own personal plans.
Feedback from Client
My client was kind enough to provide me with a 5 Star review and the following feedback: –
What were the circumstances that caused you to initially look for a legal adviser?
For assistance with my dismissal for gross misconduct.
How has Sophie Goodwill helped you?
She has assisted with my appeal, speaking to ACAS, and drawing up a settlement agreement.
Have you seen the outcome you were hoping for?
Yes, my previous employers asked me to pause my appeal to consider an offer. This also involved ACAS Early Conciliation. I have a legal agreement in place regarding compensation and a reference
What could they have done better?
Cannot think of anything.
Lincs Law Employment Solicitors Can Help You
If you are experiencing difficulties at work or have been dismissed, please contact us for a free, no obligation consultation with one of our fully qualified employment solicitors. Simply use the contact form, engage in a webchat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Alternatively, for more information about unfair dismissal, please click https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/unfair-dismissal/
Sophie Goodwill, Director
Lincs Law Employment Solicitors
Tags: acas early conciliation Appeal Statement employment solicitor Gross Misconduct lincs law employment solicitors Positive Reference sophie goodwill unfair dismissal wrongful dismissal