Discrimination & breaking confidentiality?

[derekpayne]

Hi

 

I am writing on behalf of my Son-In-Law who has just been sacked.

 

He is putting together a grevance against 3 of his peers, as well as an appeal against his dismissal.

 

The questions he needs answering are:

 

His company was taken over by another company and he was made to re-apply for the managerial position he allready had, this was by way of an interview and exam, he failed the exam by 1 point and also was told that he didn't have the relevant experience to remain in that role as manager, therfore he was moved sideways but retained the same salary, the person that got his position didn't take any exam initially but was given the position, he later took the exam after my Son-in-Law complained about the discrimination, under different conditions than my Son-In-Law did, and he had the General Manager with him, locked in a room whilst the exam was taking place, scoring 96%?!?!. On that basis we feel that there was discrimination against him?

 

Secondly, my Son-In-Law spoke to his General Manager, and indicated to him that he was thinking about putting in a greivance about the Regional Manager, later in the day his Line Manager spoke to him and said that he had heard from the General Manager about the greivance and was it true, and also that the Regional Manager had got to know about it from the General Manager, this caused my Son-In-Law to retract the greivance. Is this breaking confidentiality

 

These we feel are just 2 of the reasons why my Son-In-Law has been dismissed, there are a lot more fabrication of evidence and discrimination details in his appeal but I don't need to list them for now.

 

I would like for someone to give thier opinion on the 2 points above though.

 

Cheers

 

Derek

[Emmzzi]

Discrimination in employment law relates to matters of gender, race etc - so not applicable here.

 

With grievances - do it or not, if he put it in the RM would surely find out about it anyway?

 

Usual questions - how long had he been employed, was the dismissal procedure followed, what was the reason given for the dismissal?

 

And, what is the desired outcome? Putting in a greivance against peers (for what?) is unlikely to accomplish anything at this stage - choose your battles! Donlt fight them all at once because you are angry.

 

If there is a genuine unfair dismissal go straight to ET form filling while the appeal is ongoing.

[derekpayne]

Yeah I understand about the discrimination, although surely all employees should be treated equally?

 

The Greivance, yes the RM would find out as and when he initiated the action but surely the GM should have kept quiet about it as he was consulted in confidence?

[Emmzzi]

We can probably only help if you answer the questions?

[derekpayne]

Right:

 

Employed for 5 years.

Yes the correct proceedure was followed.

Reason for dismissal - not carrying out proceedures as required after final written warning (which was in itself we believe and can proove there was fabricated evidence) also other members of staff have been "not carrying out proceedures as required", but have not been disciplined (discrimination?)

 

He is appealing against his dismissal but does not expect to have the decision changed, and is already compiling an ET application.

[Emmzzi]

Did he appeal the final written warning at the time?

 

You seem to be saying that, while on a final warning, he did indeed not follow procedures. Is that correct?

 

So the point of debate is inequality of treatment.

 

You have to give up the idea of discrimination. it isn't, in the legal sense.

 

Got a union rep?

[derekpayne]

Yes he did appeal the final written warning but it stayed.

 

Whilst on a final written warning he was doing the same as everyone else, not following correct proceedures, and there are mitigating circumstances, and evidence was fabricated for other things he was supposed to be doing wrong, yet nobody can prove it was him, yet he was the only one that was disciplined and consequently dismissed.

 

He is in a union, although they appear to be as much use as a chocolate fireguard.

 

Our belief is that the RM wanted to get rid of him without redundancy, as he was the only remaining employee in that department that had transferred over from the previous company, and he had got wind of a possible grievance against him, so has invented reasons for dismissal.

 

My Son-In-Law has evidence to prove that he was not responsible for what he is being accused of but wishes to hold it back for an ET if necessary.

[becky2585]

The problem is that he has admitted to not following procedures, so whilst on a final written warning, they're entitled to dismiss him.

 

It would be worth therefore concentrating heavily on the unfairness of the original disciplinary sanction of the final warning, therefore. That's if he has grounds to do so.

 

What were the exact circumstances of the final warning?

[steampowered]

Generally I would say that it is unacceptable to fail to follow proper procedures when on a final written warning, as long as employees are made aware of those procedures and proper training is given if required. However it will depend on the facts. It is very difficult to comment on whether the dismissal was justified unless we know what he is accused of, this is a factual question not a legal question.

 

You have given us some excuses, but I don't think these sound very strong. Inequality of treatment is not illegal unless it is due to age/gender/race and so on. In any event, other people doing things wrong is never a good reason for doing things wrong yourself, and being on a final written warning would give the employer a valid reason to watch your son more closely than other employees. The real issue is whether the misconduct your son is accused of justifies the dismissal.

 

He will need to have worked for the employer for a full year to claim unfair dismissal.

 

Did he get notice pay? If it was not a gross misconduct dismissal, he is entitled to notice as per his employment contract and the minimum notice periods set out in section 86 Employment Rights Act 1996 which you can google.