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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I have been ask to attend a disciplinary hearing I have been

Resolved Question:

I have been ask to attend a disciplinary hearing
I have been framed by tow senior member of staff and heads of department.
(the untouchables)
The first one because is trying to deviate the attention from the discriminatory manner in which this person treated a junior colleague of mine which I stand out to defend.
and is accusing me of calling her a racist, which I never did mention such a word what I ask was, why can my colleague not talk to you? is it because he is black?
The second is my head of department and is been trying to get rid of me for years only because he wrongly thinks that he can compete with me and is afraid that one day I may take he's position.
they are making up thins that never took place, I have my word and two statement from to colleagues present at the time, but the employer who will conduct the hearing is anything but fair and always on their side.
What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

5 years

Customer: replied 2 years ago.

5 years

Expert:  Ben Jones replied 2 years ago.
I will explain how the law on misconduct works and how it is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of 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.
In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:
1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.
2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.
3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.
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.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

I've been accused of

using discriminatory remarks acting in an aggressive and unacceptable manner and insubordination.

A history of unhelpful and aggressive behavior.

Non of this is true,

My employer is not just any employer, he is a armed forces major retired, he knows all about the law.

you can see that he has rounded up every possible thin one can be accused of. to make sure he has got a good grip on me.

what do you think are my chances with it?

Expert:  Ben Jones replied 2 years ago.
It is impossible to say what your chances are – I do not know exactly what evidence the employer has, what they will try and use against you, the strength of their evidence or your defence – there are far too many unknown factors that need to be considered for that. Technically, there is nothing preventing them from dismissing you based on this, it just means that if you do not agree with the process or outcome you can challenge it at tribunal and then it is for the employer to prove that they had a fair reason and followed a fair procedure.
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