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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44380
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am about to be taken to disciplinary for the following A

Customer Question

I am about to be taken to disciplinary for the following
A member of your staff incurred injury following an accident on 24th January 2013. This has resulted in a formal claim against the company and following the investigation by the insurance claim investigator we are unable to contest this claim as you did not follow the company Induction or Health and Safety procedures and the member of staff had received no training or documented induction during the 3 months he worked up to his accident.
The hearing will consider the following allegations:
• You failed to provide for the health, safety and welfare of the staff member by providing an induction of his duties and responsibilities.
• You failed to provide a safe system of work and did not comply with the company health and safety policies.

• You failed to provide training in health and safety, manual handling and food safety during the first month of his employment.

• You exposed the member of staff to a foreseeable risk of injury by not providing induction on safe working methods within the kitchen.
• In our view, these allegations may constitute gross misconduct.

How do I defend myself again this .I am the manager a number of factors did not help.

No staffing no to do induction
No formal job description or induction paperwork for his role.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Hello, my name is Ben and it is my pleasure to be able to assist with your question today. Please let me know how long have you worked there for?
Customer: replied 3 years ago.

two years at this, 10 years with the company

Customer: replied 3 years ago.

10 years with the company 2 year at this site

Expert:  Jenny replied 3 years ago.
Hello are you saying that you were not trained to give him the induction?
Customer: replied 3 years ago.

i saying that a lack of recsources pervented me form doing the induction

1. ratio: lack of share staff to cover his role and allow me to do his induction.

2. No role profile for his role and no documation induction form for his role.




Expert:  Jenny replied 3 years ago.
Did you raise either of these issues at the time?
Customer: replied 3 years ago.


Expert:  Jenny replied 3 years ago.
Ok that makes a diffierence to your situation. You should not be scapegoated for this if you raised your concerns with your employer at the time and they were ignored.

Potentially the allegations against you are adequate to amount to gross misconduct. However the employer must act reasonably. If in mitigation you say that you highlighted the problem before the accident and did not receive support then it would be unreasonable for you to be dismissed or disciplned for this.

If the employer does do so you should appeal and raise a claim in the Employment Tribunal using the form you will find at

Please remember to give positive feedback. I will be happy to answer your follow on questions.
Expert:  Ben Jones replied 3 years ago.
Hi sorry about the delay - I did not see your reply earlier. First of all I will explain the way in which a disciplinary must be conducted in order for it to be legally fair.

Misconduct is a common reason for taking disciplinary action. It could be due to a single act of serious misconduct or a series of less serious acts over a period of time.

In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:
• Conducts a reasonable investigation;
• Follows a fair disciplinary procedure; and
• Shows they had reasonable grounds to believe the employee was guilty.

I will discuss these requirements in more detail below:

1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and what resources are available to the employer. An employer is only expected to go as far as is reasonably practicable in the circumstances and they would not be expected to conduct a forensically detailed investigation.

2. Disciplinary hearing - if the investigation provides evidence that misconduct may have occurred, the employee should be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations and any evidence to be used against them. They have the statutory right to be accompanied at the hearing but only by a trade union representative or a colleague. At the hearing the employee must be given the opportunity to defend the allegations.

3. Decision - if, as a result of the investigation and the disciplinary hearing, the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction the employee. When deciding on the appropriate penalty, the employer should consider the employee's length of service and disciplinary record. Therefore, longer service and a clean disciplinary record should result in the employer giving more thought into deciding what action to take.

4. Penalty - unless the offence was one of gross misconduct (something so serious that it justifies instant dismissal), the ACAS Code of Practice recommends that the employee should be issued with a warning. If any further misconduct occurs in the future, only then should dismissal be considered.

As mentioned, if you did not know what you were supposed to be doing in the circumstances and did not discharge your health and safety obligations because you were not trained to do so, the fault really lies with the employer. You should only be disciplined for actions which you were aware of and knew you had to take but unreasonably failed to do so. All of the factors you have mentioned can be used in your defence at the disciplinary.

In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.

If there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 1 year consecutive service with the employer and the claim must be made within 3 months of the date of dismissal.

Please take a second to leave a positive rating as that is a very important part of our process. Your question will not close and I can continue providing further advice if necessary. Thank you

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