Sophie Sweatman

A routemap through the process of contesting unfair dismissal – Image by Rosy / Bad Homburg / Germany from Pixabay

Based on new information that I found today, I’m writing a separate blog to reveal why people aged 50+ are being booted out of professions by unscrupulous employers on flimsy grounds. Age. Are you 50 or over? Are you neurodiverse or do you have any health issues? Women with menopausal symptoms are now protected by the Equality Act 2010. Disability if you disclose and ask for reasonable adjustments is protected.

However, age could be a factor for discrimination, unfair treatment, dismissal for something that arises from a disability, such as a way of doing things you have followed successfully for years, that your employer doesn’t use or has updated to new technology. Were you employed because you had previous experience and could be allowed to get on without much supervision?

Now employers want to dismiss people to advertise for new staff, less experienced, more maleable workers on lower wages. This could be down to new government quotas for engaging with young people. Subsequently, older people are being turfed out with a third of their working lives to go.

Facing dismissal for gross or serious misconduct and being dismissed, especially when it is sudden, unexpected and without notice pay is likely to be traumatic and overwhelming. Where do you start finding out what to do and how to respond. Here is a step-by-step guide to help you navigate the process, from understanding the situation to potentially claiming compensation in a tribunal.

For public sector workers in health, teaching or residential care, an employer may get the Disclosure and Barring Service involved. Further down there is more information about how to respond if you are “Minded To Bar” as you have one month to appeal. See this web page about circumstances where you can appeal at any point against DBS decisions.

From your dismissal date, here is the step-by-step guide

• ACAS – you have 3 months minus 1 day to file for early conciliation
• Appeal – your outcome letter allows you to declare your wish to appeal. The company is not bound to respond to an appeal.
• Discrimination – This includes the dismissal and appeal processes
• Equality Act 2010 – discrimination against a protected characteristic
• Appeal Hearing – ensure you ask for enough time to receive documents and prepare your appeal
• Grievance – Saying why you have a grievance supported by evidence and what you want the company to do, reinstate, pay to date, change reason for dismissal, reference
• Citizen’s Advice Bureau – a legal advisor can guide you
• Tribunal – if the employer declines early conciliation you then need to go to tribunal. Make a claim via the government website here.
• Remedy – “You will usually be ordered by the Tribunal to produce a Schedule of Loss – a document setting out the remedy that you are looking for.” – Valla.uk provide coaching and are working on a calculator – Citizens Advice Bureau calculator

Reasonable adjustments

Under discrimination law, employers must make reasonable adjustments for disabled employees. This might mean allowing someone else to attend, for example a support worker or someone with knowledge of the disability and its effects.

Who can you bring with you to an appeal hearing – ACAS

Exhausting every option before tribunal

The Tribunal is the last step, after which you will be asked to sign a non-disclosure agreement and the court will ask the employer to pay any compensation due. This can be calculated via CAB’s web page. In a tribunal you can ask for non-financial remedies such as reinstatement, re-engagement or requesting staff receive equal opportunities training.

Understand the Dismissal

The first step is to carefully review your dismissal letter. This should outline the reasons for your dismissal and any evidence supporting the claim of gross misconduct. Key questions to consider include:

• Was there a thorough investigation?
• Were you given an opportunity to explain your side?
• Was the disciplinary process fair and in line with your employer’s policies?

Often companies take their time to send an outcome from the disciplinary process, which by law requires them to give you an opportunity to appeal. This ought to be in a timely manner, within two weeks of your dismissal date, and to give you a chance to gather evidence for your appeal to challenge the reasons they let you go. There is also the grievance process, which has no time limits and can halt procedings for you to explain why you disagree.

Recently two of my friends have been dismissed for serious or gross misconduct and been treated dismissively by their employers, whose sanctions have been disproportionate and they have ignored any reasonable adjustments to ensure these employees’ performance was their best.

Note the date of your dismissal

If you believe the dismissal was based on a misunderstanding or procedural errors, you may request an informal meeting with your employer. Express your willingness to resolve the issue amicably and present any evidence that supports your case, such as:

• Failure to investigate the allegations properly.
• Lack of evidence substantiating the claim of gross misconduct.
• Breach of your employer’s disciplinary procedures.

This approach can sometimes result in reinstatement or alternative solutions. The only way a company can dismiss someone on the spot without notice pay is for gross or serious misconduct, but they need to prove the employer committed this level of misdemeanour. If an employer is unfair, they could end up compensating the employee in the tribunal court.

ACAS – Early Conciliation

A first step to get immediate support is to phone ACAS, who offer Early Conciliation, which means you can provide contact details for somebody at your previous workplace for ACAS to talk to. From your dismissal date you need to do this 3 months minus one day. Therefore 14th October ACAS form submission needs to be by 13th January. The form can be found here.

Appeal the Dismissal

If informal discussions fail, you should formally appeal the decision. Employers are required to offer an appeals process as part of fair disciplinary procedures. When preparing your appeal, consider:

• Highlighting procedural flaws, such as a lack of investigation or bias during the hearing.
• Providing evidence to counter the allegations.
• Stressing the disproportionate nature of the dismissal for the alleged misconduct.

Submit your appeal within the timeframe specified in your dismissal letter and request a meeting to present your case.

Raise a Grievance

If your appeal is unsuccessful, consider raising a formal grievance. This is appropriate if you believe your dismissal involved unfair treatment, discrimination, or other workplace injustices. Your grievance should outline:

• Specific instances of unfair treatment.
• How the employer failed to follow fair procedures.
• The resolution you seek (e.g., reinstatement, apology, or compensation).

The grievance process can provide additional documentation and support for future legal claims if necessary.

Consider a Tribunal Claim

If internal efforts fail, you may proceed to an employment tribunal to claim unfair dismissal. Compensation awards typically include:

• Basic award: Based on your age, weekly pay (capped), and years of service.
• Compensatory award: Covers financial losses like lost wages and benefits.

To calculate potential compensation:

1. Use an online unfair dismissal calculator or consult an employment solicitor.
2. Include any provable losses, such as future income or pension contributions.
3. Highlight employer failings, such as procedural errors or lack of evidence.

For discrimination, injury to feelings. For claims presented on or after 6th April 2024, this amounts to: For less serious cases

– £1,200 to £11,700 For more serious cases

– £11,700 to £35,200 For the most serious cases

– £35,200 to £58,700 – in serious cases, discrimination can be higher. Valla.uk

Responding to Being Minded to Bar

If you are informed that you are “Minded to Bar” by the Disclosure and Barring Service (DBS), it is critical to act promptly. This indicates the DBS is considering adding you to a barred list, which could prevent you from working in certain regulated professions. You have two months to respond with evidence to contest this decision.

You have two months from the Mind To Bar letter to ask for this to be reviewed. Lawyers will put a hefty price tag on helping you, up to £10,000. When in actual fact you can nwrite to the DBS providing reasons you ought not to be barred such as:

• Qualifications and employment history in your sector
• Your clean track record in your work
• That the reason for your dismissal is not gross misconduct
• That you pose no threat and caused no harm
• There was no investigation
• Your employer didn’t follow procedure

Don’t worry, though. If you have been dismissed and minded to bar because you work with young and or vulnerable people, this will increase the compensation if you are barred by the time you reach tribunal.

Employers don’t tend to put their hands up and say “we were wrong about you. Please come back to work and here is your pay to date and a rise and formal apology.” They are following their own agendas and tend to pile on reasons not to back track such as breach of trust or reputational damage. After the shock of dismissal, you may see that they destroyed the trust and caused themselves irreperable damage to their reputation.

When responding:

• Provide a detailed explanation and evidence to refute the claims against you.
• Include any character references or evidence of positive conduct.
• Highlight any procedural errors or lack of substantial evidence leading to your dismissal.

Ensure your response is clear, comprehensive, and submitted within the two-month deadline. Include specific examples of evidence, such as documentation, witness statements, or testimonials, to strengthen your case and provide a compelling argument against the decision.

Don’t Go It Alone

If you find no one has the time or the will to support you through this process, there are legal advisors at the Citizens Advice Bureau. Your local CAB will have drop in sessions, appointments and be able to provide legal support by phone.

While being dismissed for gross misconduct is a serious matter, there are clear steps to challenge the decision if you believe it was unfair. Focus on understanding the reasons, gathering evidence, and following formal processes like appeals and grievances. Should these efforts fail, pursuing a tribunal claim may help you achieve justice and financial compensation for your losses. Acting promptly if faced with a “Minded to Bar” notice is equally crucial to protecting your future career prospects.

Trust your instincts. If you feel you weren’t given a chance to correct mistakes or improve your performance, were not given an opportunity to ask for reasonable adjustments to prevent issues arising from a disability – these can be simply verbal as well as written communication, clear labelling and some thought and cost nothing – and the sanctions against you are disproportionate, you could receive more compensation in a Tribunal.

Lastly, the Tribunal cannot force decisions such as minded to bar to be reversed and you are undoubtedly going to be asked to sign a non-disclosure agreement to prevent you going to the media.