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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48156
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work in a care home and have just been fired misconduct

Resolved Question:

I work in a care home and have just been fired for gross misconduct regarding a medication issue which I admitted to immediately and took full responsibility, however the incident happened in January and my hearing only took place 2 weeks ago which means 6 months have gone by and I wasn't suspended during this period. The subsequent 6 months wait has had a negative impact on my health and I was just wondering if I had a case against my employer for making me wait this long for a verdict. Thanks.
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 did you work there for?
Customer: replied 2 years ago.

Nearly one year.

Expert:  Ben Jones replied 2 years ago.
Thank you for your response, which I will now review. I will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Whilst a disciplinary procedure must be conducted without any reasonable delay, failure to do so would only amount to an unfair dismissal. The issue is that if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).
So you cannot challenge the fact that the employer has taken too long to deal with this matter as that is a procedural matter and you do not have the necessary service to challenge procedural irregularities in the disciplinary process.
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
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