My husband has been fired from a company which his cousin owned?

Question

For excessive time off fair enough we thought this was the end of the matter. but this morning he received a letter with his faults but the thing i am confused is there was no company logos nothing just his cousin complaining about him could this be a form of harrasement? (We won't promote any further)

one more there has been phone calls to my husband mother and grandmother which to me is unaccaptable (sorry cant spell)

Answer 1

There are a number of steps an employer should take before dismissal. Informal action may often be a more satisfactory method of resolving problems than a disciplinary meeting. Its objective is to provide a supportive atmosphere where the employee is helped to improve their performance or behaviour. but these are the steps that should have been taken.... 1. Notice of disciplinary meeting
2. Notice of written warning or final written warning
3. Notice of appeal meeting against warning
4. Notice of result of appeal against warning
5. Letter to be sent by the employer, setting out the reasons for the proposed dismissal or action short of dismissal and arranging the meeting (for statutory procedure)
6. Letter to be sent by the employer after the disciplinary meeting arranged in Letter 5 (for statutory procedure)
7. Notice of appeal meeting against dismissal (for statutory procedure)
8. Notice of result of appeal against dismissal (for statutory procedure)
9. Model letter of enquiry regarding likely cause of absence addressed to a worker's general practitioner




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(1) Notice of disciplinary meeting

Dear Date

I am writing to tell you that you are required to attend a disciplinary meeting on .................... at .................... am/pm which is to be held in ..................... At this meeting the question of disciplinary action against you, in accordance with the Company Disciplinary Procedure, will be considered with regard to:

You are entitled, if you wish, to be accompanied by another work colleague or your trade union representative.

Yours sincerely


Signed Manager




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(2) Notice of written warning or final written warning

Dear Date

You attended a disciplinary hearing on .................... I am writing to confirm the decision taken that you be given a written warning/final written warning* under the first/second* stage of the Company Disciplinary Procedure.

This warning will be placed in your personal file but will be disregarded for disciplinary purposes after a period of .................... months, provided your conduct improves/performance reaches a satisfactory level**.

a) The nature of the unsatisfactory conduct or performance was:

b) The conduct or performance improvement expected is:

c) The timescale within which the improvement is required is:

d) The likely consequence of further misconduct or insufficient improvement is:

Final written warning/dismissal

You have the right of appeal against this decision (in writing**) to .................... within .................... days of receiving this disciplinary decision.

Yours sincerely

Signed Manager

Note:
* The wording should be amended as appropriate
** Delete if inappropriate




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(3) Notice of appeal meeting against warning

Dear Date

You have appealed against the written warning/ final written warning* confirmed to you in writing on ....................

Your appeal will be heard by .................... in .................... on .................... at ....................

You are entitled to be accompanied by a work colleague or trade union representative.

The decision of this appeal hearing is final and there is no further right of review.

Yours sincerely

Signed Manager

Note:
* The wording should be amended as appropriate




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(4) Notice of result of appeal against warning

Dear Date

You appealed against the decision of the disciplinary hearing that you be given a .................... warning/in accordance with Stage .... of the Company Disciplinary Procedure. The appeal hearing was held on ....................

I am now writing to confirm the decision taken by the Manager who conducted the appeal hearing, namely that the decision to .................... stands*/the decision to .................... be revoked* [specify if no disciplinary action is being taken or what the new disciplinary action is].

You have now exercised your right of appeal under the Company Disciplinary Procedure and this decision is final.

Yours sincerely

Signed Manager

Note:
* The wording should be amended as appropriate




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(5) Letter to be sent by the employer, setting out the reasons for the proposed dismissal or action short of dismissal and arranging the meeting (for statutory procedure)

Dear Date

I am writing to tell you that ................ [insert organisation name] is considering dismissing OR taking disciplinary action [insert proposed action] against you.

This action is being considered with regard to the following circumstances:

You are invited to attend a disciplinary meeting on ................ at .............. am/pm which is to be held in ......... where this will be discussed.

You are entitled, if you wish, to be accompanied by another work colleague or your trade union representative.

Yours sincerely

Signed Manager


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(6) Letter to be sent by the employer after the disciplinary meeting arranged in Letter 5 (for statutory procedure)


Dear Date

On .............. you were informed that ................ [insert organisation name] was considering dismissing OR taking disciplinary action [insert proposed action] against you.

This was discussed in a meeting on ............... At this meeting, it was decided that: [delete as applicable]

Your conduct/performance/etc was still unsatisfactory and that you be dismissed.

Your conduct/performance/etc was still unsatisfactory and that the following disciplinary action would be taken against you ............

No further action would be taken against you.

The reasons for your dismissal are:

I am therefore writing to you to confirm the decision that you be dismissed and that your last day of service with the Company will be ........................

The reasons for your dismissal are:

I am therefore writing to you to confirm the decision that disciplinary action will be taken against you. The action will be ............. The reasons for this disciplinary action are:

You have the right of appeal against this decision. Please [write] to ......... within ......... days of receiving this disciplinary decision.

Yours sincerely

Signed Manager



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(7) Notice of appeal meeting against dismissal (for statutory procedure)


Dear Date

You have appealed against your dismissal on ........., confirmed to you in writing on .............. Your appeal will be heard by ............ in ......... on ............. at ...........

You are entitled, if you wish, to be accompanied by another work colleague or your trade union representative.

The decision of this appeal meeting is final and there is no further right of review.

Yours sincerely

Signed Manager




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(8) Notice of result of appeal against dismissal (for statutory procedure)


Dear Date

You appealed against the decision of the disciplinary hearing that you be dismissed/subject to disciplinary action [delete as appropriate].
The appeal meeting was held on .................

I am now writing to confirm the decision taken by ............
[insert name of the manager] who conducted the appeal meeting, namely that the decision to ............. stands/ the decision to .............. be revoked [specify if no disciplinary action is being taken or what the new disciplinary action is].

You have now exercised your right of appeal under the Company Disciplinary Procedure and this decision is final.

Yours sincerely

Signed Manager




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(9) Model letter of enquiry regarding likely cause of absence addressed to a worker's general practitioner

Doctor's name Date
Address

PLEASE ACKNOWLEDGE RECEIPT OF THIS LETTER IF THERE IS LIKELY TO BE ANY DELAY IN REPLYING
Re:
Name
Address

To administer Statutory Sick Pay, and the Company's sick pay scheme, and to plan the work in the department, it would be helpful to have a report on your patient, who works for our organisation.

His/her work as a .................... has the following major features:

Management responsibility for
Seated/standing/mobile
Light/medium/heavy effort required
Day/shift/night work
Clerical/secretarial duties
Group I (private)/Group II (professional) driver
Other

The absence record for the past year is summarised as:

Total days lost
This month
Previous months

Attached is your patient's permission to enquire. He/she wishes/does not wish to have access to the report under the Access to Medical Reports Act 1988:

What is the likely date of return to work?
Will there be any disability at that time?
How long is it likely to last?

Are there any reasonable adjustments we could make to accommodate the disability?
Is there any underlying medical reason for this attendance record?

Is he/she likely to be able to render regular and efficient service in the future?
Is there any specific recommendation you wish to make about him/her which would help in finding him/her an alternative job, if that is necessary, and if there is an opportunity for redeployment (for instance no climbing ladders, no driving).

I would be grateful for an early reply and enclose a stamped addressed envelope. Please attach your account to the report (following the BMA guidance on fees).

Yours sincerely

Signed Name (BLOCK LETTERS)

Role in the company

Note: Please amend/delete where necessary

Answer 2

A) if he was fired, no need for an exit interview
B) not harassment if only one letter
C) no logos or official company letterhead makes this list of faults non-official. it just makes it look like your cousin is just bad mouthing your hubby. which he probablly is. don't expect any sort of good referral from him as he will probably black ball him for future employment elsewhere. not "legal" in a sense but who's to argue what's legal in that sort of matter. appears to be just some petty back stabbing going on here. suggest your hubby find work elsewhere quickly

Answer 3

It is harassment. When a company lets an employee go for any reason, they should state that reason at the exit interview and then it should stop there. There is no reason for a company to send additional letters of reasons to the employee. They let him go, let it end there.

Answer 4

A single letter from an unhappy cousin does not equal harassment. If he sent you a letter a day or made threats, then be concerned.

Answer 5

You should never work with family.