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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Hello a question for the law category, regarding a disciplinary

Customer Question

Hello

a question for the law category, regarding a disciplinary procedure.
My friend (who is a whistleblower 11 months previous) has received a disciplinary letter yesterday afternoon requesting that he attends a investigation meeting today early morning.

he has been absent from work due to stress for the past 6 months.
we did receive advice yesterday and he wrote to HR yesterday afternoon to advice due to the short notice he would not be attending and requested the investigation be conducted in writing and also requested minutes of the meeting where the alleged comment for which he is being disciplined . (no minutes were taken at the meeting but my friend returned home and wrote his own minutes of the meeting).

it is local authority employer and he is on a phased return with stress management arrangements in place.

He is now on forced annual leave as from this afternoon.

would it be appropriate that he visits his GP to advise that the meeting would cause him further stress and therefore a G.P request that this would not assist in the stress management in place.

He is aware that they are making things very uncomfortable for him at work and are due for a restructure in 5 weeks time in which he thinks they are trying to establish a reason to make him redundant maybe.

He is senior level manager

Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Jenny replied 3 years ago.
Hello and welcome to Just Answer, what would you like to know about this?
Customer: replied 3 years ago.

Hello there , i think you helped me yesterday


 


as you suggested we wrote to HR to request a written investigation but they have responded saying that they are unable to accommodate his request for a written investigation as " the investigation procedure is specific that the investigating office will meet with the individual.in exceptional circumstances,such as long term sickness, the council may consider allowing officers to respond to the queries raised in writing. this does not apply in your case and therefore attendance is required at the meeting."



we were wondering if we could now go to the doctor and advise that it would be detrimental to his progress to attend, and that he would happily comply in writing ?


 


are there any other grounds that we may be able to insist/request on written communication ?


 


thanks

Expert:  Jenny replied 3 years ago.
Yes I would advise that he seeks assistance from his doctor to get a note to say that he is too stressed to attend and that he believes it would be detrimental to his health to attend meetings.

If the employer still insists on a meeting then it would be in breach of a duty of care to ensure the health and safety of the employee.

He should tell the employee it believes it would harm his health and safety and would therefore be in breach of the implied duty to secure it.

Please feel free to request me by name in the future if you wish.

I would be grateful if you would give positive feedback. I will be happy to answer your follow on questions.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you very much thanks a great help

Expert:  Jenny replied 3 years ago.
No problem. I would be grateful if you would give positive feedback as I am not otherwise credited answering your questions.
Customer: replied 3 years ago.

Hi there


 


Sorry i have been away and didn't see your reply, i have rated using the smiley face but can no see where to leave feedback, can you advise if it is on the main page or on th question itself ?


Thanks Sarah

Expert:  Jenny replied 3 years ago.
No problem, if you have rated then feedback is left.

All the best.

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