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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46158
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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hi I wonder if you could advise me on the following. I had

Resolved Question:

hi
I wonder if you could advise me on the following.
I had a grievance to in against me over 13 months ago
all alligations was unfounded. the person who put in the grievance
apllealed and now the company are tring to discipline me for gross mis counduct . have they a case
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:

23 years

Ben Jones :

What are the allegations for?

Customer:

Harassment and bullying

Ben Jones :

Even though you may have initially been advised that the allegations were unfounded, following an appeal by the complainant the circumstances may have changed and the employer could have either reconsidered the evidence, been given new evidence or whoever heard the appeal may have reached a different opinion and decided action is necessary. All of this could allow the employer to take formal disciplinary action against you if they believed you have a case to answer and the fact you were initially told there was no action being taken against you does not prevent them from changing their mind and discipline you if it becomes necessary.


 


Whether they have a case or not is impossible for me to answer – I have no background of the allegations, what actually happened, what the details of the complaint are, what evidence exists and what defence you may have.


 


In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:



  • Conducts a reasonable investigation;

  • Follows a fair disciplinary procedure; and

  • Shows they had reasonable grounds to believe the employee was guilty.


 


So they will still have to investigate and go through a formal disciplinary, allow you to defend yourself and then allow you to appeal any decision taken against you.

Customer:

thank you

Ben Jones :

You are most welcome, please let me know if you need me to clarify anything for you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46158
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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