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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48189
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My daughter is facing a disciplinary meeting for gross misconduct

Resolved Question:

My daughter is facing a disciplinary meeting for gross misconduct concerning a series of incidents over a period of at least 6 months.Originally it was not discussed as gross misconduct but it has been escalated this week. Does she have any rights when attempting to deal with this, can they move the goalposts so suddenly and should she get legal representation.
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 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 daughter has been with her employer please

Customer:

over 10 yeaars I think.

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 :

Many thanks for your patience and apologies for getting back to you just now – I was called into a tribunal today.


 


Whilst the employer may have been investigating a series of misconduct issues over a period of time, which initially were not billed as gross misconduct, it is entirely possible for the employer to escalate these to a charge of gross misconduct at any point before the disciplinary is held. It is even possible to do so during the disciplinary, although in these circumstances the employee can expect for the hearing to be adjourned and allow her to consider the allegations and prepare a defence. So it is never too late to escalate this unfortunately as long as she is given the fair opportunity and time to defend them.


 


As to getting legal representation that is not really an option at this time. There is little a lawyer can do at this stage in the proceedings. They would not be able to defend her or attend a disciplinary to represent her. A lawyer would only really get involved once she has been dismissed, if she is considering making a claim for unfair dismissal against the employer. So for the time being she should hold fire over the legal representation and deal with the defending the allegations herself. If the outcome of this is her dismissal, then she can consider seeking legal help to consider her options in taking the matter further, such as by making a claim for unfair dismissal in the employment tribunal.


 


Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

It certainly clarifies the position

Customer:

Oops . wrong button. Can I continue to get advice after her hearing on Monday or will I have to pay again?

Ben Jones :

You can come back and ask a few follow up questions in relation to this if necessary but obviously it would depend on how much more assistance you need

Customer:

Thanks. Hopefully it will resolve easily but I think I may need more advice.

Ben Jones :

ok no worries, if you could please leave a rating for the answer above, then you are welcome to get back to me within the next week for any short follow up questions you may have and I will assist as I can

Customer:

Ok. Thank you.

Ben Jones :

You are welcome

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