Employment Law Question(s)
Discussion
Are there any friendly employment lawyers or people familiar with the law that can offer some advice to the situation below?
Sales agent hands in one months notice written notice to employers. The following day employers discover that sales agent has been using his company car and fuel card for long distance personal trips, most of which are related to the agents replacement job he has been lining up. Agent gets called into a meeting with seniors who show him the evidence and after being given no reasonable explanation or apology they fire the agent for gross misconduct (as defined in his contract) as company cars are not for personal use, same for fuel card. He is given the news at the time verbally and a letter is posted to his address on the same day.
9 months later the sales agent files a case with acas for unfair dismissal and asks for an employment tribunal with 6 months of pay as compensation. What is the likelyhood of the case being thrown out?
Sales agent hands in one months notice written notice to employers. The following day employers discover that sales agent has been using his company car and fuel card for long distance personal trips, most of which are related to the agents replacement job he has been lining up. Agent gets called into a meeting with seniors who show him the evidence and after being given no reasonable explanation or apology they fire the agent for gross misconduct (as defined in his contract) as company cars are not for personal use, same for fuel card. He is given the news at the time verbally and a letter is posted to his address on the same day.
9 months later the sales agent files a case with acas for unfair dismissal and asks for an employment tribunal with 6 months of pay as compensation. What is the likelyhood of the case being thrown out?
Does the company fire everybody who uses their company car for a personal trip?
Does the company properly enforce this rule on everybody?
Are these cars kept at the place of employment or at the employee's home?
If at the employee's home, does the company specifically exclude the commute to the office as a definition of "personal trip " (which it is under tax rules).
Does the company properly enforce this rule on everybody?
Are these cars kept at the place of employment or at the employee's home?
If at the employee's home, does the company specifically exclude the commute to the office as a definition of "personal trip " (which it is under tax rules).
Sorry got the dates wrong. Notice was handed in on 27/01/2015, employee was sacked on 28/01/2015. Claim was filed by ACAS in March and response paperwork arrived last week.
Company cars are tracked and employers are aware of this. Vehicles are parked at the employee's home overnight, they do travel to the office in time as well as out in the field. Employees are told that the cars are for work use only, The amount paid for by employee for private use of the car box on the P11D form is blank. Other reasons were given for the dismissal including not working the contracted hours (proven by vehicle tracking information) and not following direct orders/instructions from a manager.
As far as I know notice was handed in after an offer of employment was received from his new employer in Cornwall. From what I can tell by the tracking data the car was used to travel to Cornwall for the interview for that job.
Company cars are tracked and employers are aware of this. Vehicles are parked at the employee's home overnight, they do travel to the office in time as well as out in the field. Employees are told that the cars are for work use only, The amount paid for by employee for private use of the car box on the P11D form is blank. Other reasons were given for the dismissal including not working the contracted hours (proven by vehicle tracking information) and not following direct orders/instructions from a manager.
As far as I know notice was handed in after an offer of employment was received from his new employer in Cornwall. From what I can tell by the tracking data the car was used to travel to Cornwall for the interview for that job.
The potential monetary loss is the length of the notice period of a month.
Did the employer follow a fair and proper process?
The claim for 6 months is typical but as a claimant you have a duty to mitigate your loss. The loss is a month's salary.
If you are confident that the process was sound, that no appeal was lodged and inadvertently ignored then you have to weigh up the costs of defending your position. I would work with ACAS to explain your position to convince them that the claim is unlikely to succeed and/or an award at that level will not be made as the person had a job to go to within the month.
Did the employer follow a fair and proper process?
The claim for 6 months is typical but as a claimant you have a duty to mitigate your loss. The loss is a month's salary.
If you are confident that the process was sound, that no appeal was lodged and inadvertently ignored then you have to weigh up the costs of defending your position. I would work with ACAS to explain your position to convince them that the claim is unlikely to succeed and/or an award at that level will not be made as the person had a job to go to within the month.
Employee was called into a meeting with two managers and two directors present. He was told of the situation and shown the facts. No response or reply was given to justify the use of company car and fuel card and no reason was given for not working contracted hours. He was informed that his contract had been terminated in person then and by post with the letter arriving the next working day. No appeal was offered and no further communication received until the ACAS paperwork arrived. I just wanted some advice from knowledgeable folk as I'm responsible for dealing with the paperwork despite not being present in the meeting.
Thanks for the replies and help. I'll send off the response to ACAS tomorrow.
Thanks for the replies and help. I'll send off the response to ACAS tomorrow.
giblet said:
Employee was called into a meeting with two managers and two directors present. He was told of the situation and shown the facts. No response or reply was given to justify the use of company car and fuel card and no reason was given for not working contracted hours. He was informed that his contract had been terminated in person then and by post with the letter arriving the next working day. No appeal was offered and no further communication received until the ACAS paperwork arrived. I just wanted some advice from knowledgeable folk as I'm responsible for dealing with the paperwork despite not being present in the meeting.
Thanks for the replies and help. I'll send off the response to ACAS tomorrow.
If that is all that has happened and you have the full and complete picture and detail, then you are destined to fail for failure to follow process.Thanks for the replies and help. I'll send off the response to ACAS tomorrow.
What letters and timeline were documented pre-meeting, what right of accompaniment, what evidence was presented before or during the meeting, what right of appeal? These are all critical parts of the process. If you have no background in responding to these claims then you are best getting some external assistance.
The fact that the employer did not complete an investigatory meeting before holding the disciplinary and firing the employee doesn't bode well.
Was he offered a third party representative at the meeting he had no notice of?
Was he offered the chance to appeal his dismissal at the time?
Were his rights explained in writing?
Was his dismissal backed up in writing?
If not, again - doesn't bode well.
Was he offered a third party representative at the meeting he had no notice of?
Was he offered the chance to appeal his dismissal at the time?
Were his rights explained in writing?
Was his dismissal backed up in writing?
If not, again - doesn't bode well.
edc said:
giblet said:
Employee was called into a meeting with two managers and two directors present. He was told of the situation and shown the facts. No response or reply was given to justify the use of company car and fuel card and no reason was given for not working contracted hours. He was informed that his contract had been terminated in person then and by post with the letter arriving the next working day. No appeal was offered and no further communication received until the ACAS paperwork arrived. I just wanted some advice from knowledgeable folk as I'm responsible for dealing with the paperwork despite not being present in the meeting.
Thanks for the replies and help. I'll send off the response to ACAS tomorrow.
If that is all that has happened and you have the full and complete picture and detail, then you are destined to fail for failure to follow process.Thanks for the replies and help. I'll send off the response to ACAS tomorrow.
What letters and timeline were documented pre-meeting, what right of accompaniment, what evidence was presented before or during the meeting, what right of appeal? These are all critical parts of the process. If you have no background in responding to these claims then you are best getting some external assistance.
From where I'm sitting it looks like the meeting had a predetermined end. Not good.
giblet said:
Employee was called into a meeting with two managers and two directors present.
By "called into" do you mean he was given notice of a meeting/investigation into his actions, with a warning that the outcome of the meeting could be dismissal for Gross Misconduct?Why was he offered no right of appeal with the termination letter?
What are ACAS claiming is his cause of action? I assume unfair dismissal - namely the process. What is he claiming for compo?
Frankly, without wishing to give you advice per se, it would be easier to simply pay him his final month salary to p**s off.
^ As J & J ( and others)has said find out what he wants and pay him up. You might be able to reduce down his first demand.
Lot easier the an ET, because what you are telling us is that the organisation has messed up.
Your organisation then needs to source some good HR support in the future
Lot easier the an ET, because what you are telling us is that the organisation has messed up.
Your organisation then needs to source some good HR support in the future
andy-xr said:
So, how long had this employee been working for you then?
http://www.acas.org.uk/index.aspx?articleid=3733New qualifying period for unfair dismissals
From 6 April 2012, the qualifying period for unfair dismissal clams will increase from the current one year to two years, as part of the Government's drive to streamline the employment tribunal process.
These proposals mean that employees who start work on or after 6 April 2012 will, in most cases, have to complete two years' service with their employer before they can make a claim for unfair dismissal. These changes are expected to cut the number of unfair dismissal claims by just over 3,000 claims a year.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff