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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44916
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My partner was fired for alleged Gross misconduct 8 days ago

Customer Question

My partner was fired for alleged Gross misconduct 8 days ago yet she has still not recieved any written notification explaining the reasons why. As we intend to appeal the decision can we send an appeal letter without before receiving the confirmation letter?
Submitted: 3 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know how long she worked there.

JACUSTOMER-ah9ww8zl- :

Hello Ben, she worked for the company for 7 years

JACUSTOMER-ah9ww8zl- :

In hindsight if the background information would assist with being able to help I am happy to provide it?

Ben Jones :

Thank you for your patience. When an employer dismisses an employee for a misconduct issue they will have a duty to adhere to the ACAS Code of Conduct.

The employee must be informed, without unreasonable delay, of the employer's decision and their right of appeal. It is a legal right under section 91 of the Employment Rights Act 1996 for the employer to supply the employee with a written statement of the reasons for dismissal, although no specific timeline for doing so is mentioned in law.

There s nothing stopping you from appealing the decision now, before you have received details of the reasons for dismissal but I would suggest that you contact the employer first and remind them of their duty to supply these reasons in writing. They would hopefully meet their obligations and supply you with these soon thereafter and it would then give you an opportunity to structure your appeal better.

Of course, if they do not provide their reasons in writing, say within 7-10 days after your request, you should consider appealing anyway and also consider whether to take this further by claiming unfair dismissal in the employment tribunal.

Ben Jones :

I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

JACUSTOMER-ah9ww8zl- :

Thanks for the response Ben. Can I ask further questions or would I have to start a new question. We received the letter this morning (4 pages in total) detailing their reasoning for the dicision and we would very much like to know where we stand in terms of appealing it.

Ben Jones :

You can ask further questions on here in relation to the original question which was the sending of the appeal letter before receiving the confirmation letter. If you have other questions in relaiton to how you are going to appeal then that would have to be a new question I'm afraid.

Ben Jones :

Hi you rated poor service even though you indicated that your original query was answered satisfactorily?

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