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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46223
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hallo I work large parcel company. I have been accused

Customer Question

Hallo I work for a large parcel company.
I have been accused of deliberately misplacing company trainers in the yard, and not telling about this to control room staff.
I was made aware of this more than 3weeks after the incident.
The company have provided me with paperwork, stating that a Fact finding meeting is to take place. Part of the The text is a follows. "The meeting will usually take place as soon as possibility and within two days of the alleged incident being reported". The case have now move on the a gross misconduct case with potential outcom of dismissal without notice.
I'm a qualified lawyer from a Scandinavina country, bud have not worked with this sort of cases in this country for more than 20 years.
Have the company reacted in due time?
If ther own paper work stated Dayes..and the notice is Weeks
Thanks for you help.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 1 year ago.
Hi Ben
Full time over 2 years
Expert:  Ben Jones replied 1 year ago.
Ok so the incident occurred, then you were made aware of this more than 3 weeks after it had allegedly occurred. Do you know when the employer was informed about the incident?
Customer: replied 1 year ago.
Yes they "found" the trailer in the yard more than 4 hours after I "gated" at there property, this I all confirmed by gate house ticket and isotrack "gps in lorry" the hole case is about me telling control about parking that trailer in the allocated bay or not.
Bud for me it's about reaction time from the employer, the knew the trailer have not been tipped, and the didn't tell me before 3week + after the incident.
Expert:  Ben Jones replied 1 year ago.
Thanks I will get my response ready and get back to you shortly
Customer: replied 1 year ago.
Thanks Ben.
Can I also mention that I have give the company the opportunity to surrender the information regarding workplace conduct and disciplinary issues that they work after, (governing body) bud have had no response from them, and no information about have I can optain that information, for me to prepare a fair trail. (All in righting of course)
Expert:  Ben Jones replied 1 year ago.
If you have more than 2 years’ service and are being taken through a disciplinary procedure, the employer is expected to adhere to the ACAS Code of Conduct. This is the minimum they should follow but they could have their own policies which offer additional rights or rules. The relevant parts of the Code are:· It is important to carry out necessary investigations of potential disciplinary matters without unreasonable delay to establish the facts of the case. In some cases this will require the holding of an investigatory meeting with the employee before proceeding to any disciplinary hearing.· The disciplinary meeting should be held without unreasonable delay whilst allowing the employee reasonable time to prepare their case. In addition to the above, the company has its own policy which states that the investigatory meeting should take place within 2 days of the incident being reported. The employer knew of this on the date it happened so you can question why it took them 3 weeks to instigate the investigatory meeting. Saying that, it would matter if the policy is part of your contract or just a non-binding workplace policy. If it is part of the contract of employment then you can push them harder for non-compliance. If it is just a workplace policy and not binding then it is just used as guidance and strict adherence to it would not be required. Overall a delay of 3 weeks is not unheard of and I have seen much larger delays. If this was 3 months after the incident then I would be more concerned. So to try and argue that the whole disciplinary procedure is unfair because of this may be a long shot but certainly a point you can raise with them. This is your basic legal position. I have more detailed advice for you in terms of the exact procedure which an employer should follow to justify that any dismissal on grounds of misconduct is fair, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46223
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. 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:· Conducts a reasonable investigation;· Follows a fair disciplinary procedure;· Has reasonable grounds for believing the employee was guilty; and· 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.
Customer: replied 1 year ago.
My challeng hear is that th company will not surrender the information, roules that they work after, if they give me information that states within 2days and react after 3 weeks, and don't give me the chance to investigat this in details, have can I know if the work after the law? Is there any laws that I can refere to, to challenge that statement, and force them to surrender that information?
Expert:  Ben Jones replied 1 year ago.
When you say this do you mean the policies they follow? Were you not given a policy regarding this, even if they did not strictly follow it?
Customer: replied 1 year ago.
No that's the hole story...I have aske in to separate letters to se the "governing body" law that they work after, as they only provide Guidens for employees, that they in my opinion don't follow!
Expert:  Ben Jones replied 1 year ago.
Do you know if such policies from the Governing body actually exist?
Customer: replied 1 year ago.
This is UK largest, letter and parcel company, and UK 2th largest employer after the NHS...I assume that they have a very specific set of roules governing there proceeders in all aspect of employment law
Expert:  Ben Jones replied 1 year ago.
Do not assume that - the NHS is a public body, the Government rules it really. The parcel company is a private company - they decide their own rules which must comply with the law, so it does not mean that they have any other policies that those which you have seen. Also it is uncommon for companies to have other policies saying how they should deal with disciplinary matters, apart from the policies which are in place and known to employees. If this ends up in tribunal then they will have a duty to disclose any relevant documentation and then you would know for certain but at this stage you cannot force them to disclose these, even if they exist

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