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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44888
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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i was working in store and talking to my staff of some black

Customer Question

i was working in store and talking to my staff of some black and white pic there was a customer they think i told them started against me and swearing in front of all staff and customer they reported head office and police complain but they send letter to store that we have to solve the problem within 14 days and they want compansasion without thaking legal action . but my store is not helping me and pressuring me to accept what i have not done. still they r investigating .we have three meeting still investigating
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What are your specific queries in relation to this?

JACUSTOMER-svypydh8- :

customer has make complaint against me which i have done nothing to them and now my company is giving me stressing me and investing and told me that if u accept than we can give u warning and let u go . i dont know what to do

JACUSTOMER-svypydh8- :

can u assit with this matter

Ben Jones :

how long have you worked there for?

JACUSTOMER-svypydh8- :

hi

JACUSTOMER-svypydh8- :

hi

Ben Jones :

how long have you worked there for?

JACUSTOMER-svypydh8- :

7 yrs

Ben Jones :

If you do not want to then you do not have to accept a warning at this stage and can let the employer take this through the formal procedure as necessary.

In order to justify that disciplinary action on grounds of alleged 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.

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 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal.

JACUSTOMER-svypydh8- :

is still investigating but not in my favour they wnat to prove that i have done wrong because of this i m in depression and cannot even eat my food. investigating manager is against me

Ben Jones :

whilst that may be the case, they would still have to show that they had conducted the mater fairly and if you do not agree then you can appeal

JACUSTOMER-svypydh8- :

thnxs

JACUSTOMER-svypydh8- :

what about the customer made a police complaint

JACUSTOMER-svypydh8- :

hi

Ben Jones :

that is a separate matter and would be investigated by the police. The police may decide to take it further but they may also not, in any event it is something you have to deal with them and not through the employer

Customer : Police can check CCTV footage of store and can take decision
Ben Jones :

if the police believe that looking at CCTV footage is required they can do so however it would not affect the outcome of the employer's investigation

Ben Jones :

I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you

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