Hello how long exactly have you worked there for?
Thank you. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So if the procedures that they should be following are just contained in policies that are not part of your contract, it would be up to the employer to decide whether to follow them or not and they can dismiss you for no apparent reason and without any fair procedure in place. However, if the procedures are part of your contract of employment they would be expected to follow them because if they do not they can be guilty of wrongful dismissal, which is a dismissal in breach of contract.
As to being signed off sick, it is possible for them to still go ahead with the hearing even if you are off sick. The failure to postpone the meeting would potentially make the dismissal unfair but as you are not protected against that they can go ahead and do it regardless.
I hope this has answered your query. 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
Hi, so is it a disciplinary procedure or a capability procedure they are following and what are the specific reasons for it?
Please leave your rating for the initial response so I can continue answering follow up questions, many thanks
Thank you. If this is a capability issue and there is no capability procedure in place then dismissing you without following a fair procedure will not be a breach of contract because they are not breaching the contract in any way. Hey are therefore correct that with less than 2 years service and no contractual procedure on capability, they are not required to follow any specific procedure and can just go ahead and dismiss. You are not entitled to any time to seek advice unfortunately, if they wanted to they could dismiss on the spot and just pay you what you are due. Also the issues with who is chairing the meeting is all to do with the fairness of the procedure, which as mentioned you cannot challenge due to not having the 2 years, so they can have a completely biased procedure and decision, based on no evidence at all or even made up evidence – morally it will be incorrect but legally they can do it in the circumstances. So the offer they have made you, I presume will cover your notice period you are due anyway so it is not really an offer as such – they are just offering you what you are due. Whether you reject it or not, they should still pay you that, unless they have offered you 3 months pay ON TOP of your notice period, in which case I suggest you take it