Dismissal from job - Advice please !

[TennisKitten]

Today my husband was very suddenly dismissed without warning from his job.  He was told it was because lost faith in him because he had left fuel cards (he was a fleet manager) in a draw unattended.  He has been with the organisation for 11 months with no complaints and only ever good feedback.   The contract states that the discplinary procedures don't apply and no process has been instigated or followed.  They subsequently denied later today that he 

Some further context, he worked for a repairs service that provided services to a housing association.  The housing association was a charitable company and the repairs service was a trading company (I think).  In January it was announced that the repairs service would be merged with the housing association to share systems and reduce operating costs.  This took place on the 1 April.  It was then announced to people working for the repairs service that job may be under threat and there would be a consultation.  My husbands job was ring-fenced but he was not included in the consultation pool.  That consultation is still ongoing until the 17th July.  Should he have been included in that consultation pool and if so can they legally dismiss him during that period?

His previous manager retired in June and an interim Ops Manager is in place.  This Ops manager is clearly looking for reduction in costs as suggested that the car allowance should be removed from project managers which was not done.  

Despite the role being ring-fenced, the job description was being changed with a move to a different business area and new reporting line.  He also saw new JDs for Team Leaders that included elements of his current job role.

Have they broken the law by incorrectly not including him in the consultation pool and if he should have been included dismissing him during that consultation period?

Any advice gratefully received, including any suggestions for potential letters to follow up with to his previous employer.

Thanks in advance!

 

 

 

[theberengersniper]

Others will need to advise you on whether your husband should have been involved in the consultation process, and whether that has any bearing on what happens to him, but two things jump to mind immediately:

1. With less than 2 years service, an employer can normally dismiss an employee on the spot, with little or no justification required.

2. If his employer is using his handling of fuel cards as justification for dismissal, the fact that they don't really need justification with less than 2 years service notwithstanding, what does his contract or any published policies have to say about fuel cards and how they should be stored?

[Homer67]

I don't think the two year thing is accurate but it depends on the probation period for the role but 2 years is a very long probationary period.

This smacks of using any excuse to get rid of staff so they don't have to redeploy them or pay them compensation (redundancy).

You need an employment lawyer and you may have access to one for free with your home insurance or a Union membership you have either?

 

 

[theberengersniper]

The two years is nothing to do with a probationary period Homer, it's the qualifying period before which an employee doesn't yet enjoy full employment rights.

There are certain circumstances where the qualifying period doesn't apply and dismissal is automatically 'unfair'. Or, if the person involved has a protected characteristic under the Equality Act. If neither of those caveats apply then an employee can be dismissed within 2 years with no obligation on the employer to follow a disciplinary process.

More information here:

Employment Rights

[Emmzzi]

Leaving fuel cards accessible does sound like a dismissable offence to me, I am afraid. And something ti is reasonable for a fleet manager to know about.