UK Employment laws

[Kev_UK]

Someone I know has been dismissed from their employment. The decision was made at a meeting while they were on holiday, so unable to represent themselves.

The reasons given are for "alleged" offences (no proof, no facts!!). One incident was reported days after the alleged offence and the person reported they didn't actually see anything, only heard a noise and guessed what had occured.

Is there a case for unfair dismissal or deformation of character? Is it worth appealing?

[paddywoo]

HI there,

It all depends on how long your friend has been continously employed as to whether they have employment rights.

Your friend needs to get a copy of the disciplinary procedure and see what they would normally follow. If they have been there for more than 1 year and they didn't follow any procedure they may have a case. A case can only be lodged with the Employment Tribunal within 3 months of it occuring.

Hope this helps

[Ewood27]

Nit-picking, I know, but "deformation of character" conjures up some weird mental images.  The word is defamation.  It's defamed, not deformed!

[Yinzer]

LOL ewood27 I may be wrong about UK, but here there are laws that an employer can dismiss an employee for any reason, at any time, with no warning and no explanation. Unless he was under contract. Now, things are different when there are allegations being thrown around. It is definitely worth appealing, although I wouldn't want to work with a bunch of people that say such things about me. A woman was just in the news for being wrongfully fired because they thought she tampered with a urine sample for drug testing. When it was uncovered that she was not at fault she sued for all sorts of money - wrongful dismissal, defamation of character, punitive damages - and got it (as well as being offered her original job). So yeah, look into it.