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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47418
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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The following sentence Finally, it must show that the

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The following sentence 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. Would Dismissal be reasonable action for them to give if believing i made these comments.
Would it be grounds for Gross misconduct Taking into consideration i have a 4 year unblemished work record. I also have only one absence before this one over the 4 years
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, it would be potential gross misconduct if your employer believes that you were taking unauthorised absence from work and potentially defrauding the company by claiming sick pay/leave when not genuinely ill. As mentioned they do not have to prove 100% that this is what happened, but following a reasonable investigation if they believe that this was genuinely the case, they could consider dismissal. It really hangs on them now being able to show the rest of the procedure and steps were all taken
Customer: replied 1 year ago.
is it also reasonable of them to say if i agree to a demotion they will change dismissal to final written warning?. How would this be seen in a tribunal?
Customer: replied 1 year ago.
i did supply 2 doctors notes
Expert:  Ben Jones replied 1 year ago.
Their offer may help you a bit because you can then argue that the issues were not serious enough t justify dismissal, even in their eyes, because they were still prepared to keep you as an employee
Customer: replied 1 year ago.
if i accept their offer am i accepting guilt. If i did not accept this offer would a tribunal favour on there decision. I understand you cannot predict the outcome of a tribunal
Customer: replied 1 year ago.
In your opinion would you favour me accepting their offer or accept dismissal and take to a tribunal
Customer: replied 1 year ago.
the offer of demotion is £500 a month drop
Expert:  Ben Jones replied 1 year ago.
You are not accepting guilt. You can clearly state that you do not admit anything but are accepting the demotion because you would rather do that than be out of a job. However I cannot tell you which route t choose - I can tell you the laws and your legal position but the final decision is yours - you know your personal circumstances, whether you can afford to give up your job or reduce your pay and if you are happy to take the risk of going to tribunal - so it is a personal decision for you to take As usual, I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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.
One last question. I have been asked to give my answer by phone call on Monday 10am. Is this the way it should be done or should it be done in front of witnesses ?
Expert:  Ben Jones replied 1 year ago.
you are not required to give an answer in front of witnesses, so there is nothing wrong legally with doing it over the phone
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