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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44961
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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On the 27th march I attended a disciplinary meeting with my

Customer Question

On the 27th march I attended a disciplinary meeting with my Manager as regards XXXXX XXXXX incident that took place on the 6th of March the result of which was that I received a Final written warning which was to be kept on my file for 3 months.
The warning was typed up and dated 2/4/13 giving me 3 days to appeal in writing to the HR Dept I was handed this letter on the 15/4/13 by an other Manager who I asked to sign and date it as proof of receiving it on that date he refused as a result of this I was not given the option of appeal.
On the 13/5/13 I was involved in an other incident which has lead to my dismissal as a result of having a Final written on file . On the 16/5/13 I was invited to attend a disciplinary hearing with my Manager and HR which turned out to be an investigation not a disciplinary, and then a disciplinary on the 17/6/13 with an other Manager and HR the result of which was that he could not decide what to do and I would have to wait until he asked someone what to do.I was told on the 18/6/13 that I would have an other meeting on the 19/6/13 where I was dismissed.
I have worked for this company for around 10 years with a good attendance and work history and only in the last few months have I received the attention of HR.
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. What is your specific query about this?

JACUSTOMER-yr2khfb8- :

do I have a case for getting my job back and did they follow the correct procedure

JACUSTOMER-yr2khfb8- :

they also let me continue doing the job as supervisor for which they found me negligent

Ben Jones :

so you were given the disciplinary outcome letter on 15/4? When did you try to appeal?

JACUSTOMER-yr2khfb8- :

I was not aware that I was able to appeal until I got handed the letter on the 15th by which time it was to late

Ben Jones :

The time limit to appeal should have run from the dater you actually received the letter, not from the date the decision was made. It is no good to make a decision on 2/4, give you 3 days to appeal, but only hand you the letter with the decision on 15/4 and then refuse you the right to appeal. So there is certainly a reasonable argument there that they have not followed a fair procedure.

The second disciplinary may have been conducted in a more fair manner so the issue here really is whether the initial warning should have stood as that had an impact on the decision to dismiss later on. One thing to remember is that by appealing you may not have necessarily had the warning rescinded so even if the employer had followed a fair procedure, you may still have ended up with that warning on file and the subsequent dismissal may have still stood. So it is a bit of a 'what if' issue with some degree of speculation involved.

If you have not yet done so I suggest you appeal the dismissal directly with the employer first. If that is unsuccessful then you may wish to consider going down the employment tribunal route and claim for unfair dismissal. The tribunal will rarely order the employer to take you back and instead they may just award some compensation for the unfair dismissal.

JACUSTOMER-yr2khfb8- :

If I am not successful in my appeal do I tell them of my intentions to go to a tribunal as I think it will be very uncomfortable to work there again

Ben Jones :

no you do not need to tell them before making a claim

JACUSTOMER-yr2khfb8- :

Thanks how long am I able to take your advice

Ben Jones :

Sorry can you please clarify what you mean?

JACUSTOMER-yr2khfb8- :

for what period of time does my payment to you last

Ben Jones :

I'm sorry but I don't know have no details of your account and what, if anything, you have subscribed to, you need to contact customer support on [email protected]

Ben Jones :

has your original query been answered?

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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