HR advice, being sacked for gross misconduct then asked back 3 weeks later.

I think he'd have every reason to believe he'd win an unfair dismissal case. Our friends are in a similar position - it seems they decided this would be a more convenient route than redundancies.

Tell them where to stick it and take them to court ?

To be honest, after the way they've treated him, I wouldn't want to work for them again. However, I can see your point about regular money, it's a difficult one.

Could your H find work elsewhere (apart from this guy he was doing stuff for on the QT)?

I think you need to speak with an employment lawyer - I think I'm right in saying that some will offer you an hour's free consultation (or low fee) to see if you have a case.

Sounds very similar to a situation my friend's OH found himself in. However they didn't offer him his job back. ACAS advised them to take the complaint up directly with the employer and see if an informal conclusion could be reached. They ended up in mediation and didn't get anywhere. Then ACAS told them it was too late to lodge a formal case! So yeah, I'd def. take advice from a lawyer before making any decisions.

My honest view.

I'd go back to them & say that I would return if the paid 2 months salary Gross up front, if they are that desperate, I'd say they would do this, if not, let them sort out their work load. That's if he wants to continue working there, or get your H to do the work as freelance & he gives the rate he feels he warrants getting paid.

I know how it feels when Companies get arsey, we are going through the same

Good luck.

My friends H has just been sacked for gross misconduct.... looks like they are saving the redundancy in his case too [a contract has come to an end and they have shut the department he managed]. He is appealing but would be happy to settle for redundancy and a good reference rather than one saying fired for GM.

my friend is really fuming tho - they have sacked her husband over something that someone in his department did without his knowledge - and something that is encouraged within the firm generally! He mentioned a tribunal and they got a bit shifty so hopefully he will get something.....

sorry - that doesn't help at all does it? I was just so horrified when i heard what had happened to my friends OH - it seems to be seen as a real money saving option for some companies doesn't it?

Thanks for all the replies, i'm just shooting out so sorry i can't reply in more depth. Finally got through to acas who suggested if he chose to go back to ensure they reinstated him and saw the time off as unpaid leave, that way he is still retainingi all his rights of the 2 1/2 years service he did. If they just rehire him, he's got no rights for the first year.

Will get H to read this post toinght and see what he thinks about it all too. Employers seem to be in such a strong position at the moment becuase there just isn't a lot out there at the moment and sometimes a job with the devil is still better than no job!

Very sorry to hear about so many other people in similar situation!

this was the advice I was coming to give.

Did he appeal against his dismissal?

If he didn't I'd probably suggest he does that now and if they offer him his job back it's a reinstatement so they need to pay him for the period where he's been off - the rationale being they shouldn't have sacked him and so he should have been paid all that time

Tempting as it is I wouldn't advise the "tell them to stick it and take them to an employment tribunal" - because you never know, if he did that the employer could come up with a wringing of hands "we know we were wrong, that's why we offered him it back" and it would perhaps make your H look unreasonable for turning it down when they offered him it back.