Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. Are you being disciplined for an allegation of gross misconducf?
they say it could be
they sayi t could be considered be con
Ok thanks, can you tell me what the allegation is please?
They say it could be considered as gross misconduct or possibly just misconduct.The alarm went off on the Unit anr as we were reduced to 2 staff with 2 patients on 1 to 1 observations i did not feel it safe to respond.
Respond in what way?
Unless you are found guilty of an act of Gross Misconduct which could result in summary dismissal you will still be entitled to redundancy pay.
If they try to allege it is gross misconduct to avoid paying redundancy pay this would be unlawful and you could bring a claim of unfair dismissal in the employment tribunal to recover your lost redundancy pay.
In other words if this is not something they would normally dismiss you for they cannot now do it to attempt to avoid paying you.
If you have any further question about this please do ask.
Iam also due to retire early on the same date as my redundancy,with mental health officer status i am 55 will i have to wait until normal retirement age or can i backdate my application if i am dismissed.
That will depend on the rule of the scheme you are in. You will need to contact the scheme administrators for clarification of that point.
If there is anything further you would like to know about this please let me know. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.