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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49071
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Morning, I need legal advice with regards to disciplinary

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Morning, I need legal advice with regards ***** ***** Outcome at work. I am trying to confirm if I have a case against the company with regards ***** ***** they have dealt with the situation.
Assistant: Where are you located? It matters because laws vary by location.
Customer: I am requiring advise before 11:30 Monday 18/12/17 preferably over the phone or in person. I am in Derby, UK.
Assistant: Has anything been filed or reported?
Customer: I have followed company conduct procedure receiving the outcome of a Demotion and Final Written Warning. I am appealing the matter but feel facts have been evaded to recieve this conclusion so far.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: What will this cost? Also will it be possible to have a telephone conversation as there is a lot to discuss.
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

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

I should be able to contact you later on to discuss this over the phone. Before I make the phone call offer how long do you think you will need to discuss this because the value will differ based on the length of the conversation?

Customer: replied 1 month ago.
I can explain most of it via an email and then maybe have a 5 - 10 minute chat over the phone if this helps to reduce cost.

ok if you could please then I will have a look and contact you

Customer: replied 1 month ago.
Is it possible to recieve this call after 16:50 and before 17:45 today or anytime tomorrow, please

yes that should be no problem (today that is)

Will you be providing the information on here?

Customer: replied 1 month ago.
sorry I have been delayed stuck in football traffic will forward to you as soon as possible


Customer: replied 1 month ago.
I was suspended from work on the 13/11/17, based upon an allegation that I had informed a duty manager at work regarding a conversation between the Union Convenor and a driver at work (who is my partner).The allegation is that the union representative has stated he was going to turn the tables on the duty manager for being unprofessional and not showing duty of care. This conversation allegedly took place in the union office prior to 16:20 on the 8/11/17.On the 13/11/17 I was read out a notification of suspension for a breach of Trust and confidence. This was addressed to my Christian name. When I asked what the allegation was I was told by the engineering manager, I will be informed prior to my meeting.15/11/17 I received a letter to inform me that I had been invited to an investigation meeting on the 17/11/17. When I arrived at this meeting the Operations Manager had no paperwork regarding the grievance against me. He asked for my copy to study this and then we proceeded. I submitted a statement of facts to confirm, from the moment of my partner being suspended I had no contact with her until the end of my working day. I also confirmed the union accompanied her from that point she was suspended until she left the premises. Therefore rendering it impossible for this conversation to have taken place.I was informed all witnesses will be interviewed and I will be informed of a conclusion to the investigation.Then I received a letter dated the 17/11/17 stating the matter had escalated to a Conduct hearing as they had concluded the investigation. Requesting for me to attend on the 23/11/17 attached was grievance interview statements from the union representative and the duty manager and a copy of my statement. However all documents stated a heading notes of a grievance interview, but upon beginning the interview they state formal investigation interview.When attending the conduct meeting I raised all company procedures that had failed with identifying the misconstrued statements ie. the duty manager at first presumes in his statement that my partner “must have told me” and then confirms that I told him my partner had informed me, then goes on in the next sentence to say my partner told me and then told him.
The failure to interview all witnesses and failure to download CCTV on the day in question. Failure to recognise whether I was subjected to a grievance interview or a investigation interview.The meeting was adjourned and I was informed further investigation may take place.The meeting was reconvened for the 7/12/17 which I attended and dispite all my efforts to focus on the facts that I had received, the facts have been clouded. All witnesses had not been interviewed, the union representative and the duty manager had submitted a second statemen, which are not consistent with the first statements and my partner had been interviewed who is claiming the words turning the table was not stated by the union representative on the day in question. CCTV was downloaded but I was not given opportunity to view. A chronological list of events was presented to me however the list supplied is not relevant to the case, there is a gap from 13:50 - 15:50. However it shows this manager come into my office at 15:51 and leave at 16:02.Therefore the company has come to the conclusion that my statement does not corroborate with the CCTV therefore they believe I have breached trust and confidence and concluded to demote me from Allocation Officer to Driver due to conflict of interest and include a final written warning.I have appealed this decision as I feel this is victimisation and unreasonable. Upon attending this appeal on 14/12/17 my union representative has informed me, the company are in breach of my contract with the conclusion from the conduct meeting. The meeting has been adjourned until 18/12/17 due to an informal offer being made, which is they have offered to pay me the difference of my salary and a duty manager salary (approx £1600) for the year and offer me the position of duty manager with a final written warning, which I can appeal. They have allowed me this time off to consider this offer.The minutes from these meetings have been falsified and tweeked to create a cloud around the facts. I have this evidence.Therefore I want independent advise whether I have a case to take this to a tribunal after the appeal process is completed, as I feel justice will not be served within the company.
Customer: replied 1 month ago.
Sorry I forgot to mention I am salaried and get paid monthly due to the demotion, the company wanted me to sign a drivers contract on 11/12/17. I have refused to sign a new contract pending my appeal, therefore the General Manager would not allow me to do driving duties unless in the event of an emergency and has placed me on Bus Station duties. The company has decided to change my employee number to a driver and start paying me weekly.

Thanks. How long have you worked there for please? And does the contract state anything about their ability to demote you?

Customer: replied 1 month ago.
I have worked for the company for about 10 years there is nothing that I am not aware of if it states they can demote me. I believe it states that demtion is not mentioned in company policy either

ok thanks, ***** ***** available to chat over this today still?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 month ago.

calling now