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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44874
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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My 17 yearold apprentice daughter has been given by hand a

Customer Question

My 17 yearold apprentice daughter has been given by hand a notice of a disciplinary meeting, which everyone she works with knew she was going to have before her boss had told her or given her the letter, and she was givenit at 16.00 hours Saturday for a meeting tomorrow am - with the salon she works at shut Sunday and Monday, and no specific only generic issues listed. Where does she stand re this meeting
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long has she worked there for?
Customer: replied 1 year ago.

She started at the Salon in Novemeber 2014 but the salon has changed hands and name on 24th Jan 15 - the new owner was the manager previously. She has had no paperwork from the owner other than payslips, this letter and her signed off apprenticeship form from the College under theprevious salon name

Expert:  Ben Jones replied 1 year ago.
Misconduct is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time.
In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:
• Conducts a reasonable investigation;
• Follows a fair disciplinary procedure; and
• Shows they had reasonable grounds to believe the employee was guilty.
In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. 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.
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. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.
The notice period of the meeting should not be an issue as a couple of days at least is deemed reasonable so even if the salon was closed, it would have given her a few days to prepare. However they need to provide details of exactly what she is being accused of and provide any evidence as well. If that has not happened she can contact them and request that they follow the required procedure before they hold the meeting. It does not mean they cannot correct the issues and hold the meeting at a later date but at this time she should at least ask for a postponement until these matters are resolved.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response 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? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.

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