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tdlawyer
tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience in employment related issues.
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Hi I have to attend a disciplinary hearing at work next week.

Resolved Question:

Hi I have to attend a disciplinary hearing at work next week. The reason being is that I confronted my old director re: an official grievance I raised at work in the spring whereby I made an appointment to see him to ask for a pay rise which he subsequently denied. I confronted him at my Company's Charity Ball out of works hours. I know this was wrong, and they also have to other Director's witness statements saying I was agressive and swore which I did not please help
Submitted: 2 years ago.
Category: Employment Law
Expert:  tdlawyer replied 2 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can help with this.

tdlawyer :

How long have you worked there for please?

Customer:

I have worked there for fifteen years

tdlawyer :

Okay, so you have the right not to be unfairly dismissed. Can I assume you have an otherwise unblemised work record there?

Customer:

Yes I have never been in trouble before, I have been suffering with stress at work for about 3-4 years and I am on medication also. The grievance was also regarding this and I now feel as if this is the final straw. It is a big organisation and I think they just want rid of me, there has been a lot of structural changes and I am struggling to cope.

tdlawyer :

Okay, are you hoping to be able to resign and walk out and claim constructive unfair dismissal?

Customer:

This is what I need to decide, I don't know whether that would be for the best rather than have a written warning on my record. I'm currently off with stress again at the moment, this will be for the fourth time in 4 years as I was too afraid to go off sick as there had previously been compulsory redundancies based on people's sickness records. In the grievance meeting they struggled to answer who had been responsible for me as a Line Manager as I worked for various Manager's for 7 years or so

tdlawyer :

It's always hard to resign and successfully claim constructive unfair dismissal. Ideally, you should sit down with a solicitor and go through this carefully by reference to all the incidents over time, because as I say, this type of claim is not easy.

tdlawyer :

You're often better by going through a discipliniary process and being dismissed, if that is ultimately to happen, and then making a claim in the Tribunal.

tdlawyer :

This is often the easier claim for employees to bring, because the employer has the burden of showing that the dismissal was fair, which is the otherway around in constructive unfair dismissal claims.

Customer:

Ok thank you

tdlawyer :

Does this answer your question today or is there something you would like to add in addition?

Customer:

Is it reasonable to delay the disciplinary hearing until I am well enough.

tdlawyer :

Yes, very much so, and you would expect an employer to agree to this. If they do not, then they would be on very bad ground if you were dimissed - you'd almost certinly succeed at a Tribunal on procedural grounds alone.

tdlawyer :

Obviously, you should get a doctor to confirm that you're unfit to deal with any grievance and/or discipliniary hearings for the time being.

Customer:

I have just submitted a unfit for work note recording 'stress at work' to my employer for one month would this be adequate?

tdlawyer :

Ideally, it should say "unfit to deal with the grievance and/or disciplinary processes" as technically, these are different from "work".

tdlawyer :

Most employers would be reasonable and recognise that doctors are not lawyers and it probably means the same thing, especially when talking about stress related matters, but still, it would be best if you got your doctor to confirm this.

Customer:

Ok thanks I will go back to my doctor for him/her to clarify this further.

tdlawyer :

Okay,. can I ask whether you're happy with the service received from me this afternoon please?

Customer:

Yes very happy thank you.

tdlawyer :

Great - thank you! If you need anything more, just let me know, otherwise please do remember to rate the answer for me before leaving the chat! Thank you!

tdlawyer, Laywer
Category: Employment Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience in employment related issues.
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