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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am attending a disciplinary meeting but I have no contract

Resolved Question:

I am attending a disciplinary meeting but I have no contract of employment.
I have worked with same company for 3 years
can they give me a disciplinary
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. what is the disciplinary for please

Customer:

for not complying to some statutory aspects of my job - some I accept other not sure

Customer:

these were not filling out food forms/ temp checks when serving food, not having up to date health and medical needs for the children in my care

Customer:

i am the supervisor/mmnger of the setting

Customer:

i sent a letter for the manager to read with my thoughts on her invitation to attend the disciplinary meeting which i did not attend

Ben Jones :

OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you

Customer:

ok i am waiting for a response from the company on the disciplinary meeting which was on friday. I did not attend but sent a letter/ email in with my thougths. How long will i need to wait ??

Ben Jones :

ok thanks I will get back to you later this evening with my advice regards ben.

Ben Jones :

Hi sorry I did respond last night but just seen the response did not register so I will try again.

You can be given a disciplinary at any time regardless of whether you have a contract of employment or not. The lack of a contract does not make you immune against disciplinary action. However, the fairness of such action would depend on what you are being accused of. For example if it is to do with something which was expected of you, but for which you should have been provided with training and the employer had not done so, then the disciplinary could be unfair. If it was policies which were communicated to you, things for which you were trained, or matters which you were previously made aware of, then you could be disciplined if you have breached these. But if it is something which you did not know about, something which you would not have been reasonably been expected to know about in the absence of direct communication by the employer, it is something that can be challenged. However, the lack of contract does not change anything – that is not a relevant point.

In any event you should have attended the disciplinary and defended yourself, even if you believed you were fully innocent. You should not just ignore a request to attend a disciplinary because even if you were innocent the employer can discipline you and make a decision in your absence based on the evidence they have. So to resolve this you should apologise for not attending, ask them to reconsider any decision they have made and if possible to hold the disciplinary again, where they allow you to attend and you then defend yourself against any allegations made against you.

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

Ben Jones :

Hello, I see you have accessed and read my answer to your query. 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? I just need to know whether to close the question or not? Thanks

Customer:

Thank you Ben, I have understood what you have said

Customer:

I thought disciplinary's were linked to contracts

Customer:

how long do i have to wait for them to make their decision ? Meeting was due to be on Fri 10/10

Customer:

if they give be a first written - can i appeal ? by the way - i started maternity leave on the 13th

Customer:

i do not want to return after maternity... i am cross they did not give me a contract

Ben Jones :

Hi, no disciplinaries are not linked to contracts, you can easily face disciplinary action without a contract in place. There is also no specific time limit on how long the employer has to take to come to a decision, it would depend on the nature of the complaints, the complexity, the amount of evidence, etc, but usually you are looking at possible a week or so after the disciplinary. You are free to appeal whatever the outcome - so if it's a warning or dismissal, you have the right to appeal.

Ben Jones :

Has this answered your follow up queries?

Customer:

yes thank you

Ben Jones :

you are welcome

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