Gross misconduct dismissal

Justin contacted Camille at Hibberts soon after he had received a disciplinary hearing invite letter from his employer. He had been subject to allegations of gross misconduct and an investigation had been started, he required urgent advice.

Firstly, prior to Justin’s disciplinary hearing Camille spoke with him in a Teams call. Camille set to work looking through all of the documents that related to his case including the letters, his employment contract, witness statements and other documentation he had received from his employer. During the Teams appointment Camille provided advice upon the allegations against him and how he should conduct himself during the disciplinary hearing.

Unfortunately, Justin was dismissed from the business for gross misconduct at the disciplinary hearing, meaning he was not entitled to any notice pay.

Following his dismissal, Camille advised that she be instructed to draft and send a letter of appeal against dismissal and a data subject access request letter which she did within a few days. She then followed that up with proposing to the employer that they agree terms of settlement. Hibberts employment solicitors then negotiated a settlement package for the client under which he agreed to withdraw his data subject access request and his appeal against dismissal. The package included a termination payment to be paid to Justin, a payment towards his legal fees and a reference.