2013年10月28日星期一

Can an emplolyer dismiss you for gross misconduct if the evidence is all based on heresay?

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My husband has just been dismissed for gross misconduct for allegedly saying something derogatory about a collegue. All the people who made statements originally changed their statements with many inconsistencies including some that said in the second one taken a week later that it was someone other than my husband who said it, they have no cctv footage that my husband was even in the place that it happened nor was my husband even in the same area he works at the other side of the warehouse to where it happened. We need to know whether we can take them to a tribunal for unfair dismissal. We are going to lose our home and car because of something he hasn't done so we need help and advice if anyone can help. We are currently trying to find an employment solicitor but as this only happened tonight I am hoping someone can give us some advice in the mean time so I know whether to start seriously panicking!!!!
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  • My apologies for my terrible spelling mistakes as someone pointed out, strange though it may seem when I was typing the question I wasn't really worrying about my spelling or grammar more the fact that me , my hubbie & 2 kids are going to end up homeless!!

    Just to clarify my husband is accused of calling someone who it turns out is transgender a lesbian. He didn't even realise this person was a woman in fairness he thought it was just a very stocky man with long hair & had not really had anything to do with them nor would he call anyone anything hes just not like that. The people who claim he said this are friends of this person (the person in question did not hear what was said and only reported it after her friends had told her. This was all meant to have happened in the toilets of which my husband doesn't use anyway as they are in a different section of the warehouse to where he works. The only 'evidence' they have is statements from people in the toilets who hav
  • My apologies for my terrible spelling mistakes as someone pointed out, strange though it may seem when I was typing the question I wasn't really worrying about my spelling or grammar more the fact that me , my hubbie & 2 kids are going to end up homeless!!

    Just to clarify my husband is accused of calling someone who it turns out is transgender a lesbian. He didn't even realise this person was a woman in fairness he thought it was just a very stocky man with long hair & had not really had anything to do with them nor would he call anyone anything hes just not like that. The people who claim he said this are friends of this person (the person in question did not hear what was said and only reported it after her friends had told her. This was all meant to have happened in the toilets of which my husband doesn't use anyway as they are in a different section of the warehouse to where he works. The only 'evidence' they have is statements from people in the toilets who hav
  • have changed their statements the following week. The person who led the hearing said it could have happened so that's why they were sacking him. To me it sounds ridiculous that they could fire someone on the basis of very dodgy hearsay evidence just because it might have happened because at the end of the day my husband could have just turned round and said that somebody had said something to him and got a few mates to back him up to get someone sacked if he wanted to.

    Apologies for the double statements too my computer went funny.
  • have changed their statements the following week. The person who led the hearing said it could have happened so that's why they were sacking him. To me it sounds ridiculous that they could fire someone on the basis of very dodgy hearsay evidence just because it might have happened because at the end of the day my husband could have just turned round and said that somebody had said something to him and got a few mates to back him up to get someone sacked if he wanted to.

    Apologies for the double statements too my computer went funny.

  • Can an emplolyer dismiss you for gross misconduct if the evidence is all based on heresay?

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