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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44413
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have appealed a 1st written warning misconduct

Resolved Question:

I have appealed a 1st written warning for serious misconduct on the basis that NO disciplinary procedure was followed.The result is that the company have agreed in writing that they did not follow the procedure of a disciplinary hearing.
There was no disciplinary hearing, the decision was made after I attended a meeting with the line manager. My witnesses have never been contacted.
The investigator of the appeal States that she "would consider that on the balance of probability the same judgement would have been made had the correct procedures been followed"
How can they come to a Fair and reasonable decision without hearing my witnesses?
I have been told that I am not to discuss the outcome and if I do it can result in dismissal.
My question is can they do this. I feel threatened and I have no way of releasing my feeling. This is causing me a great deal of distress.
Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year 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?
Customer: 3 years
Ben Jones :

When an employer conducts a formal disciplinary procedure, they have the duty to follow a fair process, which must accord to the ACAS Code of Conduct. Altogether, it means that a disciplinary procedure should be conducted as follows:

1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.

2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. If they want to use witnesses they can do so although that may be done by providing witness statements rather than having witnesses attend.

3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record.

You can get a copy of the ACAS Code here:

Failure to follow the Code can make the disciplinary unfair and you can appeal on those grounds. If the grievance is rejected and the employer still does not follow a fair procedure then you only have one option of challenging this further and that is to resign and claim constructive dismissal. You need to weigh up the factors and decide whether it is worth doing so, basically giving up your job to challenge this warning. It can be a risky mover so think carefully before you decide.

I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you

Customer: Thank you. Can they prevent me from talking about my case?
Ben Jones :

they can do, but if you need to talk to witnesses then you can tell the employer and you can be allowed to discuss it with them if needed

Ben Jones :

Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks

Customer: You have sort of answered the question. The answer is that there is no consequences or accountability for employers. They seem to be free to uphold a decision even though they have accepted that did not hold or follow any disciplinary procedure. Wow what century do we live in?
Ben Jones :

well not quite - you do have rights as stated above, they do have to follow the ACAS Code but the issue is that you cannot directly make a claim for that, you would either need to be dismissed or resign first before you can pursue the matter further

Customer: Yes I have understood that. Although I know they have not followed the ACAS code as they have stated that as fact, they still get away with discipling me without any due care of process. Then to prevent me from talking about my feelings around the situation, seems wrong. This coming from a charity that I have been a volunteer for over 10 years. Just feel very sad.
Customer: Thank you for your time.
Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44413
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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