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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48211
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I had to attend a disciplnary hearing and was not given any

Resolved Question:

I had to attend a disciplnary hearing and was not given any documention such as witness statements or an investigation report before or during the hearing. Also there were no minutes taken by the minute taker but the mintute taker questioned me about the incident.

The same two people that spoke to about the incident and then suspened me wa the same two that dealt with the disciolnary hearing. After I was dismissed, I was not informed of my right to appeal

Is this the correct proceedings?
Thank you
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 am sorry but I can not see your reply, it is not being shown to me

Ben Jones :

I have not provided one yet, I only asked a question which you can see above

Customer:

No sorry that is the problem I can see your chat only the last line so I am unsure all what you are saying

Ben Jones :

Did you see my initial post above:




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:

14 months

Ben Jones :

Did the employer have a dedicated disciplinary policy in place which was part of your contract?

Customer:

Yes

Ben Jones :

Did it contain the steps you mentioned in your question, or anything else that was not followed?

Customer:

No

Ben Jones :

OK thanks. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).


 


The ACAS Code of Conduct provides steps that employers should take in the event of misconduct dismissals but unless you have the 2 years’ service, you cannot challenge the employer’s failure to follow it. It means that you can be dismissed without any sort of procedure or even based on a rumour, or even for no reason at all and you would not be able to challenge this. So it is the length of service that unfortunately lets you down here – had you been there for more than 2 years then procedurally the dismissal is likely to have been unfair, but in this case you cannot challenge that.


 

Customer:

I want to know if I am entilted to any witness statements or a right to appeal? I was not shown any evidence

Ben Jones :

Generally, yes but as mentioned that is irrelevant in your situation because you cannot challenge the procedure the employer applied

Customer:

What if another employee who had been with the comapny for 5 months comitted the same offence but they kept their job and I was dismissed

Customer:

Do I have rights then?

Ben Jones :

It would not change anything at all unfortunately - your rights are governed by your length of service and if you do not have the required 2 years to claim unfair dismissal then you simply cannot challenge the dismissal or the procedure used

Customer:

So I can not challenge for breach of contract. Is it fair that I have not had access to any statements said against me, and is it right I can be questioned by the minute taker ?

Ben Jones :

But you mentioned that the contractual disciplinary policy did not contain the steps you are complaining about? As mentioned the procedure used is irrelevant - who questioned you, what they questioned you about etc - this is all procedural matters which you cannot challenge

Customer:

okay

Customer:

I think there is no more I can ask you

Ben Jones :

No problem, I am sorry this is the answer but these are your actual rights, it is the length of service that lets you down here

Ben Jones and 4 other Employment Law Specialists are ready to help you