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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44422
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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How am I to conduct a meeting with HR of large corporate where

Resolved Question:

how am I to conduct a meeting with HR of large corporate where they'll try to fire me or at least warning me and state that I am not able/fit to do my job? How should I conduct myself? am I allowed a legal aid?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for and what allegations do you face?
Customer: replied 1 year ago.

Hi Ben,

nice to meet you, I have been working here since Oct 2007 .

It's a large corp, I am on this current role since Sept 2014 .

I didn't process completely / correctly a payment exposing the co. to fees. (a lot of fees)

resp is shared - as I am the lowest in the chain.

controls failed at all levels.

I mentioned that I wasn't 100% as the day before I had tooth extraction (had a registered sick day- everybody was aware) so the managem immediately tried to say I lacked due care.

Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. The starting point is that if an employee has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed.
According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss.
Misconduct, such as the allegations you face here, 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.
In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.
If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal.
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
Customer: replied 1 year ago.

HI Ben,

thank you for your answer, this helps, but I need to be advised on how to conduct myself during the hearing.

specifically, if "pleading guilty" of being unfit for health reason can favour me or aggravate the situation.

My sick leave has been officially recorded before the drama, so this would shift part of the responsibility to check I was fit to do the job to my direct report. (I think) but I am unsure if I have to mention this.

grateful for an answer.

ps - I understand you are based in the US? I work for an American company n the UK, is the Uk law used in this case?

Expert:  Ben Jones replied 1 year ago.
Hi I'm a UK solicitor so the advice would be relevant as your situation will be under UK laws. If you have done something wrong and there is evidence to show that then you cannot really state you are not guilty. However if there are relevant factors that would explain your actions and provide mitigating circumstances then that is what you need to raise with the employer. But in any event this is not the same as criminal law where you plead guilty or not guilty. You answer the allegations and provide any relevant defence. Sonic your case your health condition will be a relevant factor. If the employer knew of your condition but did nothing to assist you or take it into account when assessing your performance then prt of the liability may fall on them. So yes certainly mention all of these factors, I would not say it would aggravate the situation but they may just not take them into account if they do not believe they are relevant. Hope this clarifies?
Customer: replied 1 year ago.

It does, many thanks for your patience.

kind regards,


Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44422
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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