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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48455
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Whilst on sick leave for stress i was requested to appear

Customer Question

Whilst on sick leave for stress i was requested to appear for a hearing for a gross misconduct incident following an arguement (prior to my going on sick leave)with a manager. On my return to work a hearing was fixed a week later. I was not put on 'garden leave ' . At the hearing i was told that the gross misconduct incident was dropped but following the breakdown in the relationship with my manager (numerous incidents were listed) i was told i was no longer employable and was dismissed. I was advised i had the right to appeal, this i did within the 10 days required of me.The results of my appeal will not be made to me until the 9th November. This is some two months after my Dismissal. I was dismissed without pay but have been advised that i should be paid for the period up to the 9th November as the gross misconduct was dropped and I
am therefore still technically employed .Can you please advise me on this. Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

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

Expert:  Ben Jones replied 1 year ago.

How long did you work there for?

Customer: replied 1 year ago.
I worked 6 yrs for the company,for first four yrs no problems then new manager appointed and there was conflict of character from the start.
Expert:  Ben Jones replied 1 year ago.

Hi there, whether you are entitled to be paid for the period after the meeting will depend on a couple of things:
• First, were you actually dismissed?
• Second, were you dismissed on notice or without notice?

In relation to the first question it certainly looks you were dismissed, even if it was not for the original reason of gross misconduct. So the key is whether the dismissal was with notice or without. An employer can only dismiss without notice if the employee is guilty of gross misconduct so if they had dropped the gross misconduct charge, unless they used another gross misconduct matter to dismiss you, then you should have been dismissed with notice. What notice you are entitled to would depend on your contract so check that first. In the absence of a contractual notice period you would be entitled to the minimum statutory notice period which is 1 week for the first 2 years of employment, 3 weeks for 3+ years of service, 4 weeks for 4+ years and so on up to a maximum of 12 weeks. In your case you are entitled to a minimum of 6 weeks notice. Therefore, on dismissal with notice you are only entitled to be paid for the notice period, not up until the appeal date. If the appeal is successful and you are reinstated then you can expect to have your pay backdated to the dismissal date.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.