How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ben Jones Your Own Question

Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45358
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

disciplinary hearing

Customer Question

I am facing a disciplinary hearing and which is scheduled for this coming Monday. The initial hearing was on 28th November and I have waited nearly two weeks and not received any letter only an e-mail and itdoes not contain any witness statements am I entitled to see these before the meeting? What action can I take if witness statements are not forthcoming?

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. How long have you worked there for?
JACUSTOMER-fx389wst- :

Nearly four years

Ben Jones :

Hi, sorry my connection dropped earlier and have only just managed to get back on. In disciplinary situations like this one, the employer is expected to follow the ACAS Code of Practice, a copy of which you can find here:

http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf

You will see that on page 5 it states:

“If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification.”

Whilst you cannot force the employer to follow this Code, if they fail to do so and the breach is serious enough (for example you are dismissed as a result and you believe that the failure to provide the required evidence affected the outcome), you can consider making a claim for unfair dismissal in the employment tribunal. However, you cannot just make a claim without either being dismissed first or being forced to resign.

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

JACUSTOMER-fx389wst- :

Just one more question which is not does not appear to be covered by the acas code of practice.

JACUSTOMER-fx389wst- :

Just one more question.

JACUSTOMER-fx389wst- :

I have looked at many websites and other than what I can find on Acas it reads :

The employer should provide the employee with all the evidence, typically in the form of witness statements, in advance of the disciplinary hearing. Ideally, the evidence should be provided when the employee is invited to the hearing, or at least far enough in advance for him or her to be able to prepare a proper ‘defence’.

JACUSTOMER-fx389wst- :

Is an e-mail satisfactory for the disciplinary hearing or does it have to be by letter. Secondly the company has had 15-18 days to collate their evidence and they say all I need is one day according to the company handbook. Surely this is not constituted as a reasonable time frame to prepare my defence.

Ben Jones :

An email can be sufficient, as long as the employer knows you have access to it at the time, so it is no good sending it to your work email if you are off sick and do not have access at home. As to the time allowed for you to prepare a defence, the law does not actually stipulate a minimum notice period to prepare a defence and it would generally be required for the employer to give you 'reasonable notice', but that would depend on the individual circumstances, such as how much documentation there is, the level of detail, etc. One person's disciplinary could only require a day to prepare for, another could require at least several days - it would vary on a case by case basis, but there is nothing specific in law about this unfortunately.

Ben Jones :

Hope this clarifies things for you?

JACUSTOMER-fx389wst- :

thank you

Ben Jones :

you are welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45358
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

Sorry tracker mouse pad not brilliant I meant to score you as excellent.

Expert:  Ben Jones replied 2 years ago.
its not a problem, nothing to worry about, thanks for clarifying anyway.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    10492
    Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    41
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Laywer

    Satisfied Customers:

    49
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg taratill's Avatar

    taratill

    Solicitor

    Satisfied Customers:

    671
    15 years experience of advising on employment law matters
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    99
    Partner in national law firm with 20+ years legal experience
  • /img/opt/shirt.png tdlawyer's Avatar

    tdlawyer

    Laywer

    Satisfied Customers:

    53
    Lawyer with 9 years experience in employment related issues.