Lucy Stones has recently received lovely feedback from a client. Her client had been dismissed for gross misconduct but achieved a good outcome in the end. Read on to find out more.
My Client’s Story
I first met with my client a year ago after talking to them during a free enquiry. During our initial call I learnt they had been employed in a school for almost 20 years. They had always held a clear disciplinary record but several weeks ago a flurry of allegations were raised against them which led to their suspension, pending disciplinary proceedings. Understandably upset, they wanted to know what to do next.
I explained it was difficult for me to assess their situation. The reality was they had been suspended and whilst they had been told what the allegations were they had no other information. We agreed they would wait until the investigation had begun and when they had sufficient information we would schedule a Fixed Fee Consultation.
Several weeks later they got back in touch with me. They now had an Investigation Report with accompanying documentation. We went through all of this during our Fixed Fee Consultation together.
My Assessment
There were about ten allegations raised against my client. Predominately, I assessed them to be insignificant and historical. However, we both acknowledged there was one allegation which could pose an issue on paper and it was important their response was properly explained.
I advised my client on how to approach the situation. I explained they should prepare a disciplinary statement in readiness for the disciplinary hearing as they would be nervous, and it would ensure everything is clearly documented/communicated.
Unfortunately, my client was dismissed and whilst we prepared an appeal, the decision was not overturned. We agreed I would issue their claim for Unfair Dismissal and Wrongful Dismissal in the Employment Tribunal.
The Claim
I issued their claim to the Employment Tribunal and went on record as their legal representative. Surprisingly, the Respondent’s Response was submitted out of time and we used this to our advantage. We objected to the late submission of the Response and used the opportunity to apply pressure on the Respondent.
By now, it was my assessment that my client continued to have a good claim for Unfair Dismissal / Wrongful Dismissal on merit alone and whilst I felt the Employment Tribunal would ultimately be lenient to the Respondent’s late issue of their Response, there was no doubt it helped our case. It was not long before the Respondent made an offer of settlement. Within weeks we achieved a settlement which represented around nine months’ gross salary and it included a reference.
My Client’s Feedback
My client has since written:
“I would like to take this opportunity to thank you for your services over what seems like almost a year now! Your guidance helped make what was an unpleasant experience informative and gave me confidence in managing the situation including the emotional aspect. I genuinely feel that I have emerged from this experience somewhat wiser and can take positives in terms of outcome and outlook moving forward.
If this is indeed the end of this matter, I’d like to wish you and your team all the best and (god forbid) if I ever require legal representation again in the future…Lincs Law will be my first port of call.”
How Can Lincs Law Help You?
We have assisted many clients who are going through issues at work and face disciplinary action. Sometimes, you may simply be seeking an independent person to review your situation and to provide you with a legal assessment. On other occasions, we assist in drafting your disciplinary documents for you and continue to assist you throughout the disciplinary process. If you would like to discuss your issue at work, please telephone us for a free, no obligation enquiry. Simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Lucy Stones
Associate Employment Solicitor
Lincs Law
Tags: Client Feedback disciplinary disciplinary hearing disciplinary investigation disciplinary procedure disciplinary statement employment tribunal lucy stones unfair dismissal wrongful dismissal