I recently assisted a client who had been dismissed by reason of alleged Gross Misconduct. Read this post to see how I helped her appeal against her dismissal and secure reinstatement, along with back pay from the date of her dismissal to the date she returned to work.
Miss X came to see me after being instantly dismissed by her employer following allegations of bullying and harassment. The employer viewed the conduct as Gross Misconduct and so dismissed my client without any notice pay.
Miss X strongly denied the allegations against her and did not feel as though her employer had properly investigated the situation. Miss X had a job, hours and location of work that suited her family situation incredibly well. To obtain an alternative role would have been tremendously difficult for her. Although I advised Miss X that she would have excellent claims for both wrongful and unfair dismissal, her objective was to try and secure reinstatement as soon as possible.
Miss X was being supported by her family who kindly agreed to fund her legal assistance. To keep her costs under control, I agreed to draft her appeal against dismissal for a fixed fee. I carefully went through the employer’s disciplinary procedure, the ACAS Code on Disciplinaries and Grievances, and the investigation paperwork the employer had collated. From this I drafted a very detailed appeal statement which highlighted the unfairness of the employer’s decision to Miss X, and various breaches of both their own procedures, and the ACAS Code.
Within a week of submitting the appeal paperwork, Miss X was invited to a meeting to discuss her appeal. She called me after the appeal with the fantastic news that the employer agreed they had made the wrong decision in dismissing her. She was reinstated and received back pay for the period between her dismissal and reinstatement.
Miss X was over the moon with the outcome and thanked me for my support and for believing in her. I couldn’t have been happier for my client that her objective was achieved. For many of my clients bringing a claim is a last resort and I always ensure I have fully appreciated my client’s objectives when giving advice.
If you have been dismissed and want to try and get your job back, I can help. Please feel free to call me on 01522 440512 or visit the website of LincsLaw Solicitors on www.lincslaw.co.uk for more information about the services provided.
Specialist Employment Law Solicitor