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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47863
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I HAVE WORKED FOR THE SAME COMPANY FOR 21YRS, I FEEL AS IF

Resolved Question:

I HAVE WORKED FOR THE SAME COMPANY FOR 21YRS, I FEEL AS IF THEY ARE BACKING ME IN TO A CORNER, I HAVE BEEN ACCUSED OF THINGS THAT I FEEL ARE UNTRUE,
THEY HAVE ASKED ME TO CHOOSE FROM ONE OF THE FOLLOWING,
1) TRAIN FOR ANOTHER PART OF THE COMPANY
2) STAY AS I AM & THEY WILL PROCEED WITH A DISCIPLINARY
3) LEAVE THE COMPANY WITH SOME SORT OF PAYMENT
WHY SHOULD I HAVE TO CHOOSE IF THEY ARE SO SURE THAT I AM IN THE WRONG
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 what the company has accused you off and have you had any recant disciplinary please.

Customer:

MY ATTITUDE TOWARDS OTHER WORK FORCE

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:

THANKYOU

Ben Jones :

Many thanks for your patience. As far as the options you have been given are concerned, I can comment as follows:



  • Training – you cannot be forced to train for another part of the company, unless your contract specifically said that this is something they can ask of you. So whether you go down that route is up to you and would depend on whether you are happy to take up this opportunity or not. But you can’t be forced to do it if the contract does not mention anything about it

  • Disciplinary – if the employer has any evidence that may justify them taking disciplinary action against you then they are free to do so. They would however have to go through a formal disciplinary procedure, including investigating the issues, giving you the evidence and a chance to defend yourself, also allowing you to appeal. Unless you are guilty of something very serious that amounts to gross misconduct the employer should not really dismiss you, especially considering your very long service with them. If they do go ahead and dismiss then you will also be protected against unfair dismissal and if you believe that the decision was unfair or disproportionate to the allegations. Then you can make a claim for unfair dismissal in the employment tribunal.

  • Leaving the company – the employer can make you an offer to leave at any time but you do not have to consider it or accept it. It is up to you to decide whether you believe you can continue working for them after all of this and if you think you can go through either of the above options. You are free to negotiate with them over any settlement amount and can accept their offer only if you are happy with it. If you cannot reach a mutually agreeable settlement then it goes back to what I discussed above – they may try and discipline you, in which case you will have the right to defend yourself and consider taking this further if it ends up in you being dismissed.


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

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