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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi, I have been suspended from work last month and have been

Resolved Question:

Hi, I have been suspended from work last month and have been back to work now for 2 weeks. They sent me to a disaplinary hearing where I asked for the meeting to be adjourned but this did not happen. I asked for an anjourement because 2 carers who were present had not been spoking too but was told because one carer was agency they won't get involved and the other carer is on maternity leave and was told it wouldnt make a difference if they were spoken too. The outcome of the disciplinary was a written warning for something I believe I did not do. I have been accused of shouting at a resident, this did not happen I may of slightly raised my voice but this was all and also that I did not assist this resident to the toilet but in fact I was helping a different resident at the time. I have appealed there outcome descison and I have had a letter back saying that the written warning in the circumstances was acceptable. I still do not agree with this descsion. I feel the investigation was not a fair one and it took them a month to send me the evidence, I was told it was with the HR department, but all the paperwork came from my workplace. I feel I have not been treated fairly, but I don't no what else I can do. I am leaving my employment due to the way this has been handled and the unfair way I have been treated.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there for?

Customer:

I have worked there since June 2013

Ben Jones :

Are you still employed by them?

Customer:

Currently yes, my last day is this Friday

Ben Jones :

Why do you think you were treated unfairly - is there a reason you believe you were picked on?

Customer:

I feel I was treated unfairly due to 2 carers not bring spoken too at the time and the fact it took them a month to do anything, and I feel the evidence I received was contradicting. I was told when I spoke to the manager that HR was dealing with it but this was not the case, as all the paperwork came from my work place

Ben Jones :

ok let me get my response ready please

Customer:

Ok

Ben Jones :

There is unfortunately little you can do about this. Even if you believe that the warning was not fair, all you can do is appeal it internally. If you decide to resign as a result of this then you cannot make a claim against the employer as the only claim you would have been able to make is for constructive dismissal and you need at least 2 years’ continuous service to do so, which you do not have. The only way to take any action is if you can show that you were treated unfavourably because of a discriminatory reason, such as age, gender, race, etc, but if this is just a case of issues with evidence and general unfairness then I am afraid you cannot take it any further.

Customer:

Ok, well thank you for your help anyway.

Ben Jones :

You are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46794
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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