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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have displinary hearing at work tomorrow due to be being

Resolved Question:

I have displinary hearing at work tomorrow due to be being off sick which was caused by work they never offered help to move to a different department where I could of been ok
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Do you have a specific question about this?
Customer: replied 1 year ago.
Yes I have I displinary hearing at work tomorrow I was told by the manager to resign if I daint resign I would not get any benefits also before a displinary hearing should it not be an investigation hearing
Customer: replied 1 year ago.
Also I think if I was dismissed it would be unfair they said they would train me on till which they did not
Customer: replied 1 year ago.
I'm sure if a resign I'm not entitled to any benefits
Expert:  Ben Jones replied 1 year ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query. I just needed to know how long you have worked there for please before I finalise my advice?
Customer: replied 1 year ago.
I started in October 2013
Customer: replied 1 year ago.
My hearing is today at 12 also I pay udslaw and they said they cannot represent me only if it goes to appeal
Customer: replied 1 year ago.
The work place is Tesco they had said to me they will move me on the tills were I could of been better off but they had not
Customer: replied 1 year ago.
The store rep had told me resign if I daint and get sacked I would not get any benefits
Expert:  Ben Jones replied 1 year ago.
Thank you. As you have more than 2 years service you are protected against unfair dismissal which means that to dismiss you the employer has to show that there was a fair reason for doing so and also follow a fair procedure. Asking you to resign otherwise you would get the sack shows that they have already pre-determined the outcome of the disciplinary which could make it unfair. As far as the law is concerned, dismissing an employee due to sickness absence is a potentially fair reason for dismissal under the Employment Rights Act 1996 as it would amount to a capability or even a misconduct issue. However, to justify it as being fair the employer needs to follow a fair procedure and act reasonably. First and foremost the employer needs to comply with any workplace sickness absence procedures and policies. For example these could list the number or duration of absences before formal action is taken. In any event, when considering the fairness of the employer's actions, a tribunal would usually look at the following factors:· Did the employer investigate the nature, extent and likely duration of any illness and consult the employee in the process· If absences are short-term and intermittent, investigating whether there is any underlying cause (medical or otherwise). If necessary, follow a capability or disciplinary procedure instead, offering practical guidance and assistance, setting timescales for improvement, and giving warnings where appropriate. Only continuous absences should threaten dismissal.· Before deciding to dismiss, consider surrounding circumstances, age and length of service of employee together with action taken in respect of similar situations in the past.· Consider importance of employee and/or the post occupied to the business, the impact their continued absence is having on the business and the difficulty and cost of continuing to deal with their absence.· Consider whether the employee could take up alternative employment or whether there are any other options that would avoid the need for dismissal.· If the employee has been absent long-term and is unlikely to return in the foreseeable future the employer should consider claiming under the terms of any Private Health Insurance policy or ill health retirement that is available. Dismissal must always be viewed as a last resort by the employer. Only when it is obvious that the employee cannot continue in their job and that there was nothing else available for them to do would dismissal become a fair option. The courts have held that an important consideration is whether any reasonable employer would have waited longer in the circumstances before dismissing the employee. It is also important to consider the additional rights someone would have if the condition that is affecting them amounts to a 'disability' as that would give you greater protection. In terms of benefits, if you resign your benefits could be delayed for up to 26 weeks but they can be paid earlier if you can show that you were forced to resign. This is your basic legal position. I have more detailed advice for you in terms of how to determine if you are disabled or not and get even better rights, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46183
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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