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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48156
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been called to a disciplinary hearing one month after

Customer Question

I have been called to a disciplinary hearing one month after a meeting were I was told that's all come back tomorrow new day. New start is this Normal procedure
Submitted: 12 months ago.
Category: Employment Law
Expert:  Ben Jones replied 12 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 12 months ago.

How long have you worked there for?

Customer: replied 12 months ago.
24 years 9 months
Expert:  Ben Jones replied 12 months ago.

Hi the sorry my laptop crashed earlier and I have been unable to get back online until now. If the employer had the chance to discipline you in the past for an incident, but they did not do so and advised you that no action will be taken against you, they should only change their mind and be allowed to proceed with a disciplinary in the future if there is new evidence to back up any allegations against you. So if nothing has changed, there is no new evidence or information in relation to these issues and this is simply a matter of them suddenly deciding that they are going to discipline you after all, you should be able to challenge this by arguing that first they have failed to act without unreasonable delay as per the ACAS Code of Conduct and secondly that they are going against their initial decision and in the absence of any new evidence. You can raise these factors in the disciplinary heating as a defence or you can consider raising a grievance first before any disciplinary is held.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss your rights should this result in dismissal. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 12 months ago.

Thank you. Should this result in dismissal, then in the first instance you would be looking to submit a formal appeal with the employer direct. If that is unsuccessful then you would be looking at a potential unfair dismissal claim in the employment tribunal, which must be initiated within 3 months.

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:

https://ec.acas.org.uk/Submission/SingleClaimantPage

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.

Customer: replied 12 months ago.
Thank you for your advice I have decided to raise a grievance in the first instance as there have been no new information and nothing else has changed, the other person involved in this incident was dismissed and during their appeal stated they had been treated differently
Expert:  Ben Jones replied 12 months ago.

For now a grievance would be the correct step

Customer: replied 12 months ago.
Thank you Ben should I request a postponement of the disciplinary hearing due tomorrow
Expert:  Ben Jones replied 12 months ago.

I would suggest you do until the grievance is resolved