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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48167
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am currently suspended from work misreporting

Customer Question

Hi - I am currently suspended from work for alledged misreporting of some finance figures to our HO in the USA (I have accepted the fact the figures where incorrect, but deny any "intent". This is inter-co reporting only and does not affect any statutory reporting. I was suspended with full pay on the 17th March; had a disaplininary hearing on the 5th June and am still waiting for an outcome. What time frame should they be working to, or is this entirely upto them?
Thanks
Suzanne
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.

since June 2009 so six years

Expert:  Ben Jones replied 2 years ago.
Have you tried contacting them to see what is happening?
Customer: replied 2 years ago.

Lots of times but don't get a reply. I was last told a decision would be made last week and that I'd hear by the end of last week but still nothing

Expert:  Ben Jones replied 2 years ago.
Thanks I will check the relevant rules and get back to you shortly
Customer: replied 2 years ago.

OK - thanks

Expert:  Ben Jones replied 2 years ago.
The law on communicating a disciplinary outcome is not very specific and there is nothing which states an employer must make a decision within a defined period of time. The ACAS Code states that “After the meeting decide whether or not disciplinary or any other action is justified and inform the employee accordingly in writing.” Generally it is accepted that any decision is communicated without unreasonable delay but that would depend on the specific facts and complexity of the case. Usually a decision would take a week or so, but in more complex cases that could take longer. I would say that after a month of not hearing anything the employer is encroaching on this being slightly unreasonable in terms of length of time to communicate their decision. The problem, as mentioned, is that there is nothing specific in law which states that they must tell you within a set period of time after the disciplinary so you cannot refer them to anything that would require them to do so. If you have still not heard anything by next week then you should consider making a more formal request, perhaps even raising a grievance advising them that this is unsettling for you and whilst you understand that they need some time to ensure a fair decision is reached, a month is becoming somewhat unreasonable. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

"unsettling" is the understatement of the year - I think I've gone completely mad over the past few months. I'll wait another week and then do as you suggest. Thanks

Suzanne

Customer: replied 2 years ago.

Hi Ben

Did you get this message as I've not received an answer?

Strangely, I received an email from my (ex) boss very early on Friday morning , exactly 4 weeks to the day from my disaplininary hearing.

I have been dismissed for misconduct with immediate effect, that is as of the 3rd July 2015. I was informed that I could appeal but no name given as to the person I shuold appeal to, just a vague sentence saying "write to the company if you wish to appeal".

About 5 minutes later, I received another email this time asking of my availability to discuss a settlement agreement.

I have emailed back to say I want to appeal and who should I write too, and also that I am available for a settlement discussion. I also pointed out that now I am no longer employed by the company, does this mean I can now speak to my colleagues and this was banned during my suspension?

Please advise if I have responded correctly and if there is anything else I should be doing?

Many thanks

Kind regards

Suzanne

Expert:  Ben Jones replied 2 years ago.
Hi sorry I did not see this message until you posted it again. Yes if you have been dismissed then you are no longer an employee of the company and as such the terms under your suspension no longer apply. So if you want to you could contact your ex-colleagues. But you have done all that is required of you - advise you wish to appeal and also state you are willing to negotiate. Th ball is now firmly in their court
Customer: replied 2 years ago.

Hi Ben

I am currently writing out my appeal as no settlement agreement has been agreed yet.

If I want to take this to the Employment Tribunal what is the process - what do I need to do?

Thanks

Expert:  Ben Jones replied 2 years ago.
A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal. If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement. The conciliation procedure and the form to fill in can be found here: https://ec.acas.org.uk/Submission/SingleClaimantPage Only once conciliation process has completed and no agreement has been reached will you be issued with a reference number which you can use to submit a claim in the tribunal. You can do so here: https://www.gov.uk/employment-tribunals/make-a-claim