The case is about our client who was being made redundant after he blew the whistle on malpractice. There was also a dispute over his employment contract and notice period. This letter is an appeal written on behalf of our client to the employer against the employer’s decision to dismiss the initial redundancy appeal. This is the 3rd in a series of 4 letters (two from each side). Click on the links highlighted below to see the other letters:
Letter no 1
Letter no 2
Letter no 3 – below
Letter no 4 – Final outcome
We are sharing these letters with you so that you can appreciate how complex some cases are and that not every case is successful. They also show how important it is to seek advice early, when things start to go wrong, rather than leave it until you are made redundant.
If you would like more information on these and related topics, have a look at our website and in particular at the articles on Redundancy, Whistleblowing and PILON. You can also contact us at Monaco Solicitors if you think that we might be able to help assist you in your employment case.
By email only to: [HR Manager]
Our client [client name] – appeal against dismissal
We write on behalf of our client [client name] in order to appeal against his dismissal which took place on [Date] by telephone call with your [Name].
On that call, [client name] referred to our letter to you of [Date]. You then replied to that letter by letter of [Date]. This appeal should therefore be read in conjunction with those two letters, which contain much of the background (which is not repeated below). Also enclosed herewith is a statement from [client name].
Ground 1 – 3 year contract & verbal agreement with [client name]
We remind you of the points raised about the contract in our letter to you of [Date]
[The relevant passages from Letter 1 are quoted, but we have not reproduced them here]
Ground 2 – consideration & [Employer] document of January [Year]
We wrote in our letter to you of [Date] the following passage about the supposed new contract
[The relevant passages from Letter 1 are again quoted, but are not repeated here]
[A] You have not stated what the consideration was for [client name] ’s so-called new contract in. If you do not know what consideration is, please take legal advice as it is a necessary ingredient in a binding employment contract. If you do know what it is, please state what the consideration was.
Ground 3 – Legal status & jurisdiction of company paperwork
We wrote the following passage in our letter to you of [Date]:
[The passages in Letter 1 under the heading ‘Company paperwork’ are cited, but not repeated here]
[A] The service agreement is not legally binding. It states in para 35.1 that it should be read in conjunction with the ‘Abha Contract’ and the offer letter dated [Date]. But there is no Abha Contract and thus the service agreement is not a binding Abha document. If you dispute this please explain why the Abha Contract is not necessary.
Ground 4 – Redundancy & whistleblowing regarding drinking alcohol
In your letter of [Date] you state that the reasons were made clear in the redundancy consultation process and that they are commercial and financial reasons. [Client name] does not accept this explanation, and without further detail he disputes that there is a genuine redundancy situation. Please now clearly explain the business reason for [client name]’s redundancy.
In that letter of [Date] you also state that [client name] did not raise the drinking matter with his line manager prior to being notified about potential redundancy. But he notified [Name] on around [Date], and it wasn’t until [Date] when he was notified about potential redundancy.
You state that the authorities are not aware of the [Name] matter and therefore [client name]’s personal safety is not in danger.
[A] What assurances do you have of that the authorities are not aware?
[B] Do you accept that if [client name] were to return to Abha if the authorities were aware of the drinking then his health, liberty and safety could be in serious danger?
[C] This also means that [Company name] had to disband its Abha operation, and this was not due to a business / redundancy reason.
Ground 5 – whistleblowing procedure
Your whistleblowing policy at 5.11, 5.13 & 5.14 sets out the procedure for investigating disclosures. Interviews are supposed to take place, written records kept, and the whistleblower informed of the outcome of the investigation. This didn’t happen in [client name]’s case and therefore he submits that the real reason for his dismissal was the whistleblowing. Thus the grounds of appeal include the following:
[A] As the original whistleblower, why was [client name] not interviewed?
[B] Why was [client name] not informed of the outcome of the investigation (saying that it was dealt with internally is not in line with this policy to inform the whistleblower of the outcome) ?
Ground 6 – TUPE
Please confirm that [Company name] is to continue to build the Rashid hospital in Dubai, which is the same work that [client name] was doing based in Abha.
[A] Has the work performed by [Company name] in Dubai now increased as a result of the Abha unit being disbanded?
[B] If so please explain in more details why there is no TUPE situation with work transferring from [client name] /[Employer] to [Company name] .
Ground 7 – Abu Dhabi & other alternative employment
[Client name] ’s recollection is materially different to that of your [Name] (HR Manager) in relation to the Abu Dhabi job. [Client name] states that he was keen on the Abu Dhabi role, whereas [Name] says that he wasn’t. [Client name] has provided a signed statement (attached) which sets out his recollection.
[A] In the interests of natural justice, we suggest that [Name] now provides her own account, so that this matter can be properly investigated.
[B] For the avoidance of doubt, [client name] is still interested in the Abu Dhabi role. Please now provide details of the role and how to apply.