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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Last week panel hearing took place a few days later was sent

Customer Question

Last week panel hearing took place a few days later was sent letter of new allegations against me and if the panel hearing decides that i come back to work then i cant as my suspension will be extended and a investigation will be started! this week got outcome of panel hearing and they gave me final written warning for 24months and if any further issues will lead straight to dismissal?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
Hello and welcome to Just Answer, how long have you worked there for and what would you like to know about this?
Customer: replied 3 years ago.
I have worked their for 13yrs with no issues! With the outcome of the panel hearing being so closely connected with the new allegations what position does it leave me in? I feel as though its all been set up to get rid of me. It' seems a few disgruntled employees have ganged up together and half of the things being said are historical more or less over 8 months ago.
Expert:  taratill replied 3 years ago.
Hi was the employer aware of the facts involved in the new allegations prior to issuing the final written warning?
Customer: replied 3 years ago.
It seems it how the new allegations were informed to me before a decision was reached on the final warning. I am aware that 2 out the 3 new allegations were present before the panel hearing took place
Expert:  taratill replied 3 years ago.
Hello it is not reasonable for an employer to use historic matters, which should have been dealt with promptly, in order to build a case to dismiss you.

If they do this you should appeal and raise a complaint if unfair dismissal in the Employment Tribunal.

You could raise a grievance about this in advance if disciplinary action if you wish. If you do raise a grievance then the employer has a duty to investigate and report back.

If you have any further questions please ask. If I have answered your question I would be grateful if you would give my answer a positive rating. Thank you and all the best.
Customer: replied 3 years ago.
On what grounds do I raise a grievance? And do I send that to my employer? Do I continue with the new investigation or resign?
Expert:  taratill replied 3 years ago.
It is a risk to resign if you do not have a job to go to as you are preempting the outcome of the disciplinary. You should raise the grievance in writing with your employer. It should be addressed to your manager. The grounds of the grievance should be the fact that they are now investigating historic concerns which is unfair.

I would be grateful if you would take the time to rate my answer, all the best with this.
Customer: replied 3 years ago.
With regards to the historic concerns it seems 2 of them have come from staff during the first investigation which was only a few weeks ago. There are also 2 other colleagues facing these new allegations and of one under whistle blowing with regards to poor management of the dept etc. but the whistle blowing was some 2 months ago. 1 of the new allegations were already sent to 2 other colleagues a few weeks before my panel hearing. No dates have been given when these incidents took place or that who has made these allegations. I have not had any calls from my employer just letters since May!! I have sent an email last week but had no reply.
Expert:  taratill replied 3 years ago.
Well the fact that you have been suspended since May is, of itself adequate reason to raise a grievance. If the employer has taken action as soon as possible after the allegation then they will be able to refute a suggestion it is historic. However a suspension should never be longer than necessary to carry out a reasonable investigation so you have good grounds on that basis.

If you are dismissed you have nothing to lose (except tribunal fees) in bringing a claim and a tribunal might find in your favour based on the undue delays in dealing with the matter.
Customer: replied 3 years ago.
Thank you, what kind of things do I put in the grievance? How do I prepare it? Any suggestions or pointers?

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