Fighting to win a battle with an employer that refuses to play fair

There are occasions when an employer appears determined to dismiss an employee regardless as to whether or not it is reasonable, which Jermaine found to his cost.

The sales estimator/bid writer eventually left the role, which he had held for just under four years, with a settlement agreement. It was a good result in the circumstances.

Jermaine faced allegations that related to concerns about his conduct, gross insubordination and inciting a hostile work environment.

When Jermaine, who vehemently denied all of the allegations, was invited to a disciplinary hearing, he was warned that if proven the allegations could lead to dismissal.

As Jermaine strongly denied any wrongdoing, he was understandably keen to understand what evidence there could possibly be to support such serious allegations.

However, his employer provided no evidence, as it should have done in accordance with its own disciplinary policy and the guidance in the ACAS Code of Practice.

Persistent Jermaine insisted he should be provided with evidence. However, the HR manager was resolute in saying Jermaine had all the details he needed, and any questions he had would be answered at the disciplinary hearing.

Jermaine, unable to fully understand the allegations and review and assess any evidence thought to support them, felt greatly aggrieved.  

Left feeling he had no other choice to avoid being dismissed, he was ready and prepared to resign. Jermaine had even drafted a resignation letter with a view to pursuing a case for constructive dismissal.

However, Jermaine had second thoughts after speaking to his wife who urged him not to just quit and walk away.

The couple searched online for what help may be available, which led them to contact our Employee Support Centre.

Our representative shared Jermaine’s concerns about the manner in which he was being treated.

Now our representatives are no strangers to dealing with employers who are completely unreasonable, so what happened next did not really come as a shock.

Our representative contacted the HR manager via email in order to request evidence to support the disciplinary allegations.

He highlighted how it was a requirement of the company’s disciplinary policy and employment law to provide evidence prior to a disciplinary hearing to allow an employee reasonable time to prepare their case.

The HR manager insisted any evidence would be provided at the start of the hearing and Jermaine would be given ‘at least one hour’ to consider it.

Our representative’s objection and legitimate arguments as to why this was unfair were dismissed following an exchange of further email correspondence, which resulted in the employer setting a date for the disciplinary hearing.

The hearing was scheduled for a date when our representative was not available, so he suggested a reasonable alternative date in line with Jermaine’s right to be accompanied.

The HR manager refused to change the date of the hearing and insisted it would go ahead on the date arranged.

Our representative discussed with Jermaine raising a grievance given the unfair manner in which he was being treated.

A grievance was submitted and sent to a director of the business, but it was handed to the HR manager. She said it would not be treated as a grievance and instead could be discussed as part of the disciplinary case.

Our representative then wrote directly to the managing director of the company to escalate the case and ask for him to intervene, which he appeared to do.

An independent HR advisor was subsequently appointed to hear the grievance, and the disciplinary process was put on hold.

At the grievance hearing our representative explained and evidenced using email correspondence, the unfavourable treatment of Jermaine.

He explained how it has caused him to lose all trust and confidence in the company and that his desired outcome was to now reach a settlement agreement that would allow him to leave.

A settlement was later discussed and agreed, which Jermaine was delighted with.