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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45375
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am awaiting a disciplinary hearing on Wednesday at my work

Resolved Question:

I am awaiting a disciplinary hearing on Wednesday at my work and have been given a list of statements, none of the statements are from people who will back my side of the story. What should I do? I don't have time or resources to collect these myself.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long your have been with your employer please

Customer:

just under 1 year

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

thank you

Ben Jones :

ok thank you I have to travel up for a meting so I may not be able to get back to you with my advice till later this evening

Customer:

ok

Ben Jones :

Many thanks for your patience. The main issue you will face here is that 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 (assuming that is where the employer is heading with this). 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.). So even if the statements you have seen are all against you and they have not provided you with anything that supports you or you do not have the time to gather these, in the worst case scenario they could still go ahead and take any decision against you, up to and including dismissal, without you being able to challenge it as you simply do not meet the minimum criteria for unfair dismissal protection.


 


However, that does not mean it is where you will end up – it could just be a disciplinary that results in a warning on n action at all. Even in that case, the issue is the same though – the procedure cannot really be challenged and you will just have to accept it. It does not stop you from asking specific witnesses to attend the disciplinary to back you up and you have the right to request that. But it is important to note that the employer is not expected to gather evidence to support you and all they have to do is gather information that shows they have the grounds to discipline you – what evidence you gather in return to defend yourself is up to you. There is also no harm in asking for additional time to gather such evidence but just be aware that if they refuse to allow that, then your rights are as described above, where you cannot unfortunately challenge the procedure and will have to make the best of the situation you find yourself in.


 


Hope this clarifies your position?

Customer:

Thank you

Ben Jones :

You are most welcome

Customer:

rating supplied thanks

Ben Jones :

Thanks

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45375
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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