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Melvin Said:

Does a company have to go through a procedure before they suspend/sack someone?

We Answered:

I think that many of your answers have come from the US where employment law is very different.

Here in the UK it is not so easy, he can only be sacked for this accident if having such an accident is deemed to be gross misconduct. By it's very nature this is very unlikely

He can be sacked (with appropriate notice) if he is currently under the final stage of disciplinary action with the company(final written warning) and this accident is related to the nature of the disciplinary action.

If he was told he was sacked without due process, the the company has broken the law (employment act).

If he is suspended on full pay, there must be a reason given and he must be appraised of the full disciplinary process being used, what the likely consequences are, and what rights he has in order to counter such actions as may be proposed, including representation etc.

If after a period of suspension he is sacked without good reason or without the appropriate opportunity to defend the case, and so long as what happened did not amount to gross misconduct. He can apply for an industrial tribunal, he will be required to fill in a form (IT1) and there will be a hearing before a judge.

However let's not jump the gun. The company are already guilty of constructive dismissal by telling him he was sacked without appropriate hearing or reason, back tracking does not change that.

Go to CAB and they will give you the low down, from what you say, he is no angel but that is not reason enough to sack him or suspend him without following all the rules.

Christian Said:

What are my rights concerning my father's estate closing?

We Answered:

You cannot reasonably expect to win if you sue your brother's lawyer. He has and had no responsibility to you at all. He did not have to provide you with any accounting, though he may have been required to file an accounting with the clerk of the probate court. That record would be available to you. Your brother's lawyer had the responsibility to represent your brother.

If your brother did not perform his duties as executor, you could sue your brother. You realize the problems that may result from such an action.

Did you consult an attorney to protect your interests over these past several months? If you were concerned that your brother was not carrying out his responsibility as executor, that would have been and still may be appropriate.