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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47845
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I have been given a disciplinary intentions to

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I have been given a disciplinary for Having intentions to defraud/Deceive the business by deliberately planning to have a works accident also Claiming sick leave under false pretences. The outcome says due to witness statements saying i have said to others
"the best way to get time off was to Feign injury" I Have denied saying this. This is not the charges in the disciplinary bought against me. Are they correct to Discipline me on this and even if this was proven would it carry a dismissal outcome ?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hi there, what were the charges that were bought in the disciplinary if not the ones above?
Customer: replied 1 year ago.
no changes were made. But they are not dismissing me now on either of the offences stated. They are now dismissing me over my conversation with others
Customer: replied 1 year ago.
have attached the outcome
Expert:  Ben Jones replied 1 year ago.
Which conversation - the one where you said you will fake injury?
Customer: replied 1 year ago.
yes
Expert:  Ben Jones replied 1 year ago.
ok but the conversation obviously relates to the charges which were intentions to deceive the company and deliberately planning to have an accident?
Customer: replied 1 year ago.
But i did not admit to saying this in my reply i only said that i had commented that i was maybe going to take some sick leave as i need an holiday. This was over two months prior to me taking sick leave and during that time i had taken 8 days annual leave. I have not accepted that i made comments to plan an injury. I have also not once asked to report an injury or accident. The closest to what i am accused of is on the attached page
Expert:  Ben Jones replied 1 year ago.
You do not have to admit to something to be disciplined for it. Obviously most people would deny the allegations against them. The law on misconduct dismissals is as follows: Misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time. In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:{C}· Conducts a reasonable investigation;{C}· Follows a fair disciplinary procedure;{C}· Has reasonable grounds for believing the employee was guilty; and{C}· Show that dismissal was a decision that a reasonable employer would have taken in the circumstances. 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 dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. 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 or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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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