Hello, my name is Ben and it is my pleasure to assist you with your question today. What is the disciplinary for?
There is nothing in law that says a disciplinary must be conducted within a specified time limit after the incident for which it is being convened occurred. The ACAS Code does state that any issues should be dealt with without unreasonable delay but that would of course make any delay dependent on the individual circumstances, such as why was there a delay in the first place, can it be justified in any way what would have been reasonable to expect of the employer and so on. It is not a rigid approach by any means. So you must ask yourself, why was there a delay, for example was the employer investigating the matter, were they trying to gather evidence, was there unavailability of staff to deal with this, were there more pressing concerns they were dealing with and so on. These are all things that the employer could use to justify this short delay if necessary and even then it is a matter if interpretation and you can't point them to a specific rule that says they should have done the disciplinary within a specific date.
So can you link their failure to do as advised with your absences?
Well the delay issues is as discussed above really, but if your condition makes you disabled in the legal definition of the word, then the employer has a duty to make reasonable adjustments to help you and alleviate the effects of the illness in the workplace. So for example the blinds - they could have amounted to a reasonable adjustment and their failure to install them could either amount to discrimination, or at least give you a reason to defend a specific absence being included in this disciplinary, which could mean you have not yet reached the required number as per policy
whilst they are there to help you, you do not need a union rep to take the matter further if you have to
yes that's true but you also have to work with what you have and if that means without a union rep because they cannot provide you with representation, you have to reconsider your position and how best to deal with it wthout an undue delay
yes I understand but if there is no union available then you will still have to proceed with the complaint because if you delay it for too long you could also find yourself having less weight attached with your arguments because you did not bring it up in good time
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
there is a bug sometimes, sorry - you can just type it in instead, thanks