When faced with allegations of Gross Misconduct, employees often feel helpless. Read on to see how I could help you….
More and more often I am receiving calls from clients who are no less than terrified about the prospect of being dismissed without any notice because they face allegations of Gross Misconduct. Allegations of this nature are frightening and should be treated very seriously. However, sometimes things are not as bad as they might first seem, once all the facts have been established and the evidence carefully reviewed. I have set out two recent case studies where I managed to successfully resolve cases of this nature for my clients.
Miss X came to see me in a very distressed state, telling me she was about to be dismissed without notice for alleged Gross Misconduct offences. She was under the opinion (having been told by her manager) that the company’s case was incredibly strong and there was little she could do but resign. I looked through all the evidence with Miss X and felt the employer would struggle to dismiss her fairly. For financial reasons, Miss X was desperate to retain her employment. I assisted Miss X by drafting a very detailed disciplinary statement and collating evidence to refute the allegations against her. Miss X attended her disciplinary hearing and avoided any dismissal. She was delighted by the outcome and has already referred friends to me.
Mr X came to see me after being dismissed for Gross Misconduct. He had over 8 years unblemished service with his employer and I really struggled to see a) a fair reason for his dismissal, b) a fair investigation or c) a fair procedure. I immediately advised Mr X that he should draft an appeal against dismissal and offered, for a reasonable fee, to do this for him. Mr X instructed me to draft the appeal on his behalf. I was able to do this within 48 hours so that the document could be lodged in the short time limit imposed by his employer. Shortly after submitting his appeal, the employer apologised to Mr X and offered him two options to resolve his appeal. He could either accept reinstatement and back pay for the period between the dismissal and appeal, or if he so elected, he could accept a generous compensation payment with a glowing reference to look for work elsewhere. Mr X couldn’t be happier. He no longer wanted to work for his employer and so he took the compensation.
Do You Need Help?
If you are facing disciplinary allegations I can help. Very often an objective set of eyes reviewing the evidence against the actual allegations will make all the difference. If you have been invited to a disciplinary hearing and need help, call me on 01522 440512 to arrange a Fixed Fee Consultation, alternatively you can email ContactUs@lincslaw.com, click https://lincslaw.co.uk/services/employees/resignation-dismissal-and-redundancy/unfair-dismissal/ or visit our website www.lincslaw.co.uk for more general information about the services I provide.
Sophie Goodwill
Director, Specialist Employment Law Solicitor
DDI: 01522 440512 / Email: sophie.goodwill@lincslaw.com
Tags: Appeal Against Dismissal Employment Law Advice employment solicitor Gross Misconduct unfair dismissal