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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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my husband has a disciplinary hearing at work tomorrow..

Customer Question

my husband has a disciplinary hearing at work tomorrow.. a pay off had been mentioned a couple of weeks ago however was 3 months pay years service...he had said no but had not taken in/ understood this was a final offer and there would be no more negotiation... it is too late now so if he is dismissed tomorrow there will be no reference. My question is should it have been in writing if so I would have picked up on it, also he never had a letter of suspension? Many thanks, ***** ***** at straws but any advice appreciated.Kris
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

There is no requirement offer to have been in writing, the employer is free to make such an offer in any way it wants, so if it was verbal then that would suffice.

Ben Jones :

Also there is no requirement suspension letter by law - he should have been advised he was under suspension and been paid period but the employer would not have had to send a formal letter of suspension, although most employers would

JACUSTOMER-455tgfq7- :

Is it right there was a time period he should have accepted offer even though he wasn't aware?

Ben Jones :

the issue is that an offer is just that - it is not legally binding in any way until it is accepted, so whether he knew about it or not, the employer could have withdrawn it at any time

JACUSTOMER-455tgfq7- :

Ray was not aware it was even on a timescale or that it had been withdrawn he thought it would be part of tomorrows meeting discussion. Could he ask his union rep to ask them before the meeting at 10?

Ben Jones :

he can certainly ask them to reconsider their position and to see f they are willing to make a new offer, but sadly there is little he can do about the current offer, regardless of whether he was aware of it or not or if he knew there was a time-scale - it would not have been legally binding yet

JACUSTOMER-455tgfq7- :

Ok many thanks Ben, may need further advice in the future as if things can't be resolved tomorrow and he is dismissed we will be seeking advice on defamation of character /unfair dismissal.Kris

Ben Jones :

yes of course you are welcome to get back to me at any time, I am the employment lawyer on here so just ask by name in your query and it will be directed to me

JACUSTOMER-455tgfq7- :

Many thanks Ben much appreciated.Kris

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46783
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Ben just thinking rather than Ray be dismissed and if they will not reconsider an offer would he be able to hand in his notice or is it too late ?...I guess he wouldn't get a reference then either? Kris
Expert:  Ben Jones replied 2 years ago.
sorry I was offline last night when you posted this. He can resign but he would still be expected to serve his notice period and in that time he could be dismissed. Also they may refuse to give a reference or if they do they could sy that he had resigned pending a disciplinary
Customer: replied 2 years ago.
Ok Ben many thanks he is on his way there now so will just have to hope best.Kris
Expert:  Ben Jones replied 2 years ago.
Best of luck!
Customer: replied 2 years ago.
Ben,just to say thank you advice re asking them to reconsider their position on an offer pre Rays meeting, he managed to get payoff plus clean reference,only three months pay,but better than dismissal.I still feel there has been defamation of his character but I guess now he has accepted offer we couldn't pursue anything along those lines.Many thanks again.Kris and Ray.
Expert:  Ben Jones replied 2 years ago.
, thanks update. Whilst you may still be able to pursue a defamation claim if he has not actually signed a formal settlement agreement, which would have required formal legal advice to be valid, be careful abut just jumping at the chance to do so. Such claims are very complex and expensive, you are easily looking at over £10,000 initial fees alone so my advice is to forget about the defamation action and perhaps just move on now that he has reached an agreement with them
Customer: replied 2 years ago.
Ben yes we know what you mean these situations can be complex and costly,we just angry and feel things been unfair but best to move on,hopefully Ray will find a better job.Many thanks again.Kris and Ray
Expert:  Ben Jones replied 2 years ago.
Hope so too, all the best

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