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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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UK Employment Question Can an Employment Tribunal issue

Customer Question

UK Employment Question

Can an Employment Tribunal issue an order or injunction preventing an employer from undertaking a disciplinary hearing pending the outcome of the Tribunal.

The Tribunal is considering Disability Discrimination against the employer. It is alleged they failed to make reasonable adjustments, I made a mistake as a result and the employer ignored the effect of my mental illness when investigating the mistake. They proceeded to hold a disciplinary hearing and I raised a grievance the employer admitted its shortcomings and agreed to reinvestigate.

They did not reinvestigate and proceeded to organise another disciplinary hearing based on the old original hearing. Hence the ET claim; The employer is refusing to answer my questions, emails or letters and is scheduled to hear the issue of gross misconduct.

Therefore can an ET order the employer to put off the hearing until the Tribunal has considered the issue. If the employer proceeds and I am dismissed there would then be a need for a second unfair dismissal claim.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Unfortunately the tribunal cannot issue such an order. The employer cannot be prevented from continuing with a disciplinary even if there is an ongoing discrimination claim. If the outcome is a dismissal then you will have to make a separate claim if you wanted to. In any event an unfair dismissal claim is completely separate and different to a discrimination claim, although they can be joined under the same claim form

Ben Jones :

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