Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Please can you provide a brief background on your issue and please also advise how long have you worked there for?
Good morning and no problem at all. 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
Many thanks for your patience. Whilst shouting/swearing in the workplace can be a disciplinary matter, the background to the situation will need to be considered and if you were provoked or deliberately set up then these factors need to be taken into account as a partial defence.
My concern here is that one single person has been involved in the whole process so far. This could be understandable in a very small company, for example a one man band running his own business, so he would be the only manager who can deal with such issues, but in larger employers where there is more than one manager the duties should be split and wherever possible different people should deal with the investigation and disciplinary. Also, if a person has been involved in the incident that led to the disciplinary they should not be involved in the formal disciplining process as there is likely to be bias. Some of this is actually dealt with under the ACAS Code of Conduct, which employers must follow if there is a disciplinary issues at work. Check here:
In terms of your rights, you cannot have a lawyer get involved in the disciplinary process – that only happens once your employment has terminated. Until then all you can rely on is a trade union rep or a colleague to accompany you at any formal meetings. However, if you re dismissed as a result then you will have the right to challenge this. Similarly, if you are left with no other option but to resign, you also have the right to take this further.
This is your basic legal position. I have more detailed advice for you in terms of the options you have should this result in dismissal, or you are forced to resign, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thanks I will call in around 5 mins
Just tried, says you re unavailable?
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits. In your case that is 3 months from dismissal