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Dismissal by outside consultant

Employment and Discrimination Law

Dismissal by outside consultant

Postby Millbrook2 » Thu Jul 06, 2017 6:12 pm

Director A was subject to a disciplinary hearing by an outside consultant who said they would report their findings to the company who would decide what action, if any, would be taken.

A then received a letter from said consultant with the findings of gross misconduct and dismissing her from 15th June. The letter was on the consultants headed paper and was forwarded to A by email from the MD.

A replied that the consultant did not have the capacity to dismiss.

MD replied on the 4th July; The decision to dismiss you was taken on 12th June 2017 and Ms D had authority to make that decision. The decision was accepted by the Directors and it was communicated to you by the Directors.

Has A actually been dismissed and, if so, what is the effective date of dismissal?
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Re: Dismissal by outside consultant

Postby atticus » Thu Jul 06, 2017 6:59 pm

Yes.

Date on which dismissal was communicated ie employee received letter.
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Re: Dismissal by outside consultant

Postby Hairyloon » Thu Jul 06, 2017 8:54 pm

atticus wrote:Date on which dismissal was communicated ie employee received letter.

Which letter?

If the consultant had the authority to make a dismissal then (A) was misled about the hearing.
Else the consultant did not have the authority in which case the letter from the consultant cannot have been a letter of dismissal, unless there was a cover note that made it so.

Millbrook2 wrote:The decision to dismiss you was taken on 12th June 2017 and Ms D had authority to make that decision.

Who is Ms D?
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Re: Dismissal by outside consultant

Postby atticus » Thu Jul 06, 2017 9:21 pm

If a tribunal claim is being considered, calculate the time limit from the earliest possible date.
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Re: Dismissal by outside consultant

Postby Hairyloon » Thu Jul 06, 2017 10:40 pm

Unless you're fishing for the qualifying period, or troubled by time limits...
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Re: Dismissal by outside consultant

Postby Millbrook2 » Fri Jul 07, 2017 7:07 am

We'll use the date A got the letter as the termination date for the IT.

What I'm struggling with here is that the consultant is not a party to the contract. I appreciate that an employment contract differs from a normal commercial contract but I can't get my head round the fact that a contract has been terminated by someone who is not party to the contract.

Ms D is the consultant.
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Re: Dismissal by outside consultant

Postby Hairyloon » Fri Jul 07, 2017 7:29 am

Is there a problem with a party to a contract delegating authority over that contract to another?
Alternatively one could look upon it as the decision being made by the company when they forwarded the letter.
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Re: Dismissal by outside consultant

Postby atticus » Fri Jul 07, 2017 8:06 am

Exactly. The consultant's letter was forwarded by the company.
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Re: Dismissal by outside consultant

Postby Millbrook2 » Fri Jul 07, 2017 8:58 am

Thanks both.
I was thinking that the forwarding of the letter was enough but wanted other opinions in case we could squeeze a few more weeks pay out of them.
Single mum with 2 kids so every little helps.
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Re: Dismissal by outside consultant

Postby atticus » Fri Jul 07, 2017 9:16 am

Nothing we have said stops you arguing the point.
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