How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47334
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I was handed a letter at work Thursday 4th August asking me

Customer Question

Hi I was handed a letter at work Thursday 4th August asking me to attend a disapliary meeting on Tuesday the owner manager boss and accusor is also holding the meeting on Tuesday I am off work only to day I am with unison the have emailed me saying will send a form can I ask for the meeting to be out back to give me more time to get my side a cross what are my rights by the time the unison firm comes to me and back to them the meeting will be over with no support I feel the boss will sack me on the spot advise needed asap
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

What is the disciplinary for? Also, how long have you worked there?

Customer: replied 11 months ago.
The disciplinary is for a number of things I'm a cook in a care home I have been there 3 years 6months kitchen dirty food not labeled one resident not being given a wide enough good choice the problem is the meeting is Tuesday I have contacted unison but can not get help by Tuesday I'm not shore where I stand he holds all the cards help
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 11 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. As you have been there for more than 2 years you are protected against unfair dismissal. This means that if the employer wanted to dismiss you they must follow a fair procedure and also show that there was a fair reason to dismiss. In terms of the fair procedure, they have given you sufficient notice as usually a couple of days is considered enough, especially as the law does not stipulate a minimum period of notice before the hearing.

If one person is doing the investigation, they should not be involved in the disciplinary or the appeal unless it is a very small company where there are not enough management staff to spread the different stages of the process amongst.

You do have the right to be accompanied at the meeting by a colleague or a trade union rep and if your companion of choice is unavailable, then you can ask for a postponement until they are able to attend. So this is one way in which you can potentially delay the meeting.

This is your basic legal position. I have more detailed advice for you in terms of the law on disciplinary procedures and what is expected of an employer, 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

Customer: replied 11 months ago.
The last I spoke to from unison said as I have no internet only on my phone I have to send papers etc by post which takes time which can not be done by tuesday with out advise I think he will sack me on the spot other staff have said he has someone to fill my job so he is making these allocations to protect himself to sack me
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 11 months ago.

You can send them by special next day delivery or just ask for a postponement because of this. As mentioned I can discuss your other rights in relation to this. If you could please leave your rating in the meantime for the initial response that would be great. Thank you

Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ben Jones replied 11 months ago.

I am afraid I am unavailable for calls at the moment (I have actually lost my voice...). Please continue on here if you have any further queries and so I can continue assisting 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

Expert:  Ben Jones replied 11 months ago.

Do you wish to continue?