Employment Lawyers Can Answer Your Employment Law Questions
Hi, 1) the way this all seems to be planned out and already judged by them - is it right and fair how I am being treated, are they allowed to do this.?why have a policy if it's not gong to be followed and 2) more importantly my own and my unborn child's health which I know is deteriorating by the day. I can't even go off sick as they will probably hold the hearing in my absence and at worst sack me. So what are my rights and options in this situation please?
First and foremost the employer should follow its own disciplinary procedure, so if you have the right to be given a minimum period of time to consider evidence this must be adhered to, otherwise the disciplinary may be procedurally unfair.
As far as the law stands, the ACAS Code of Conduct says that:
"If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification."
So there is no specific notice requirements and also it is not a legal requirement to provide all the evidence or witness statements, as long as sufficient information about the allegations is provided to allow the employee to prepare a defence.
All you can do here is ask for a postponement, or even consider a grievance to formally complain about this. The employer could grant it or they could refuse. You cannot force them to delay the disciplinary. If they decided to proceed then you just have to work with what you have and depending on the outcome you can then consider taking the matter further, such as appealing to the employer and considering a claim for unfair dismissal.
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much