Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
When the employees were initially invited to the meeting, were they advised that it was a disciplinary meeting ahead of the actual meeting?
Yes the letter said ' invited to a meeting to investigate before disciplinary procedures commenced'
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. 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
Hi sorry I had another follow up question which for some reason did not post - how long has that person worked there for?
No problem I appreciate your busy.
The gentleman will have 2 years service in July 2016.
Ok in the circumstances you do not have to worry too much about this because he does not have sufficient service to take the matter any further at this stage. If he thought that you had followed an unfair disciplinary procedure or given him an unfair warning, then his only option to challenge this, apart from an internal grievance or appeal, is to resign can claim constructive dismissal. However, to do so he requires at least 2 years’ continuous service, which he does not have. He cannot just wait until he has that and then resign for something which happened a couple of months prior to that. So even if you refused to overturn your original decision his options are rather limited in terms of what he can do to take the matter further. So you are entirely free to hear the appeal but if you want to keep the warning then you may do so without fear of any legal repercussions.
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