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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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Is it possible to contest a misconduct notice?

Resolved Question:

Is it possible to contest a misconduct notice?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Please can you explain the situation in more detail?

Customer:

Hi,

Customer:

My employer has just yesterday informed me that I am likely to receive a major misconduct notice. I believe it to be unfair

taratill :

How long have you worked there for?

Customer:

4 years in total, over 2 periods

taratill :

how long has the most recent period been?

Customer:

Since May 2013

taratill :

Do you know what the issue of misconduct is and what break did you have before starting back in May 2013?

Customer:

Yes, I am aware it is related to under performing

Customer:

I left in February 2013

taratill :

Have they said they will dismiss you for this?

Customer:

No, but major misconduct notice will be likely isssued, which obviously puts my position in question, as if once in the next 12 months I recive a minor misconduct notice, it will result in dismissal

Customer:

To give you a background, the company has reduced staff members quite considerably over the past 18 months.

taratill :

Hi you are well within your rights to contest this. You should note though that as you have less than 2 years service in your current role your employer can, theoretically terminate your employment for any reason so long as they do not discriminate against you on the grounds of race, sex, age, religion, disability, or for raising a health and safety complaint. You cannot claim unfair dismissal in any event until you have been employed for 2 years.

Customer:

I believe too much has been expected of me resulting in below par performance. I have evidence to support this

Customer:

Ok

Customer:

How would I contest it?

taratill :

You can raise a written appeal setting out why it is incorrect.

Customer:

Ok, and does this need done through a lawyer?

taratill :

No you can do this without a lawyer.

Customer:

Ok great

Customer:

So in essence they don't need a reason to dismiss me, as it is within 2 years of my start of employment?

taratill :

correct so long as they do not discriminate against you contrary to the Equality Act.

Customer:

Mm don't think I have much chance then

Customer:

Thanks for your help!

taratill :

Well hopefully they will not dismiss you. I would be grateful if you would take the time to rate my answer. Many thanks and all the best.

Customer:

I would rather accept the notice than suffer the ignominy of having my appeal refused.

Customer:

I will do, you have been most helpful :)

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