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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47594
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a serious misconduct live warning, which expires in

Customer Question

I have a serious misconduct live warning, which expires in March. Unfortunately, I have another hearing on the same charge next week. How should I play it?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-ctqidg7n- :

i am a civil servant since 1978.

Ben Jones :

can you please explain the background in a bit more detail and I will respond fully later today on here with my advice

JACUSTOMER-ctqidg7n- :

Had a Stage 3 hearing March 2014. One off "blip" due to domestic circs on 30/09. Latest "charge" being "unfit for duty due to drugs/alcohol". Am attending local hospital weekly for counselling and been off with "depresssion and domestic stress" mother in Scotland, I live in London

JACUSTOMER-ctqidg7n- :

Re above. Going through a divorce, mother has had dementia/pneumonia problems recently. I was off sick with depression + domestic stress recently but returned to work 17/11. As far as I know, after "Occy Health" diagnosis, deemed fit to return to work in the interim, so have been ok. Thoughts?

Ben Jones :

I see a lot is going on in your life, I appreciate that. The positives are that you have very long service with the employer and only something very serious should justify a dismissal. It does not mean that after following a fair procedure and issuing you with warnings that are not met you cannot be dismissed but they must ensure they have acted reasonably and fairly and that they do not just jump at the option to dismiss.

If it is true that you were unfit for work by being under the influence then that can be a serious act of misconduct. However, there are mitigating factors and the best way to play is to be entirely clear with the employer as to what prompted the latest incident, show remorse for your actions and make it clear that you are seeking help to deal with it. Provide examples of positives that have happened since the incident, if you have remained trouble-free and if the help you have sought has improved things.

There is no right or wrong way as such as it often depends on the employer’s attitude and how they perceive things, also how willing they are to help you rather than just do things by the book.

Ben Jones :

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-ctqidg7n- :

Thank you for this. Can a written final be extended should mitigating circs. be accepted?

Ben Jones : Yes that is indeed a possibility. The employer can reduce the sanction if they want to
Ben Jones : Can I clarify anything else for you?
Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks