unfair dismisal. do I have a case?

[Ell-enn]

I stand corrected - I was probably thinking of the mediation service, but that's not appropriate (I don't think).

[cal37]

Sorry Ell-enn wasn`t meaning to undermine your advice but i think it was important to know this. They are used in Pay disputes strike risks etc by companies and unions, there is also a cost to use them which in most cases the company covers.

 

Most collective agreements to resolve disputes will have the option the use ACAS but they are not used in this sort of dispute.

[Ell-enn]

Hi Cal - I was only going on my experience from when I made someone redundant last year and he brought someone ACAS had suggested after he contacted them about his redundancy.

 

Ell-enn

[cal37]

Yes Redundancy is a different ball game, You have here a dispute and unless his contract allows for ACAS etc to be involved in a dismissal ( highly unlikely ) then you will fall back on the Dismissal and Disciplinary Procedures DDP in Schedule 2 to the Employment Act 2002. And section 10 of the 1999 Act (right to be accompanied).

 

Under the 99 act the following is stated

 

10 Right to be accompanied

 

(1) This section applies where a worker—

(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and

(b) reasonably requests to be accompanied at the hearing.

(2) Where this section applies the employer must permit the worker to be accompanied at the hearing by a single companion who—

(a) is chosen by the worker and is within subsection (3),

(b) is to be permitted to address the hearing (but not to answer questions on behalf of the worker), and

© is to be permitted to confer with the worker during the hearing.

 

 

(3) A person is within this subsection if he is—

(a) employed by a trade union of which he is an official within the meaning of sections 1 and 119 of the Trade Union and Labour Relations (Consolidation) Act 1992,

(b) an official of a trade union (within that meaning) whom the union has reasonably certified in writing as having experience of, or as having received training in, acting as a worker’s companion at disciplinary or grievance hearings, or

© another of the employer’s workers.

 

 

(4) If—

(a) a worker has a right under this section to be accompanied at a hearing,

(b) his chosen companion will not be available at the time proposed for the hearing by the employer, and

© the worker proposes an alternative time which satisfies subsection (5),

the employer must postpone the hearing to the time proposed by the worker.

(5) An alternative time must—

(a) be reasonable, and

(b) fall before the end of the period of five working days beginning with the first working day after the day proposed by the employer.

(6) An employer shall permit a worker to take time off during working hours for the purpose of accompanying another of the employer’s workers in accordance with a request under subsection (1)(b).

 

 

As i said If the company are ok with it and ACAS is, then yes they can be there but as you see above, the only persons permitted to speak on behalf of the person is a trade union rep.

 

 

Also as stated ACAS are not free, there is a cost involved if they attend a dispute.

 

 

His best advice is to keep all the supporting documents to himself and present them at the meeting. Handing them in with the appeal letter only gives the company time to look into his arguments and counter them.

 

 

It is always best in these sorts of cases to catch the company off guard so to speak and put them into a small panic and make them feel they best reinstate.

 

 

All that is required at this time is a letter stating his wish to appeal.

[callumsgran]

Whats happened with this?

Does anybody know?

Does anybody care?

[Ell-enn]

The OP appealed, but unfortunately it was not successful. However, he has had interviews recently and is hopeful of getting a new job soon.

[Goldlady]

Whats happened with this?

Does anybody know?

Does anybody care?

 

I was thinking the same thing about quite a few of the threads I have posted on - as was looking for something earlier and came across quite a few that we have never heard any more about.

[callumsgran]

I was thinking the same thing about quite a few of the threads I have posted on - as was looking for something earlier and came across quite a few that we have never heard any more about.

Seems to me this is happening a lot on this site lately unfortunately!

 

Shame the outcome wasnt better either, employers seem to be getting away with a lot more these days too!!! What is going on with ET's?

 

I thought they were there to protect us?

 

 

Thanks Ellen for the update