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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44915
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Can I ask a question in regards ***** ***** friend of mine who

Customer Question

Hello can I ask a question in regards ***** ***** friend of mine who is facing a disciplinary at work where I have been implicated we are both social workers and our professional registration could be at stake
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 6 months ago.
Have you discussed this with your employer, prior to the disciplinary?
Expert:  Ben Jones replied 6 months ago.
Hello, sorry I have been in tribunal today – unfortunately we are not always available to respond immediately as we do practice law in the meantime. Going back to your query, the starting point is that if your friend has been continuously employed with their employer for at least 2 years they will be protected against unfair dismissal. This means that to fairly dismiss them their employer has to show that there was a potentially fair reason for dismissal and that a fair dismissal procedure was followed. According to the Employment Rights Act 1996 there are five separate reasons that an employer could use to show that a dismissal was fair: conduct, capability, redundancy, illegality or some other substantial reason (SOSR). The employer will not only need to show that the dismissal was for one of those reasons, but also justify that it was appropriate and reasonable to use in the circumstances. In addition, they need to ensure that a fair dismissal procedure was followed and this would depend on which of the above reasons they used to dismiss. In the circumstances it would appear that they are trying to rely on misconduct and to do this fairly they must show 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. As you are being contacted about this matter, but no longer work there, you have no obligation to get involved. However you need to consider if doing so will assist your friend, perhaps if you were to explain what actually happened and the context of the conversation. So no one can force you to say anything but it may assist your friend in these circumstances so you can decide if it is worth doing. Whatever you or your friend say, the employer could still dismiss if they feel it is necessary. It does not make it fair necessarily but they can go ahead with it. In that event the potential of claiming unfair dismissal exists and this will depend on the procedure followed and the actual reasons for dismissal. This is your basic legal position. I have more detailed advice for you in terms of the full procedure that must be followed and also the ways of challenging a potential dismissal, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 6 months ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Expert:  Ben Jones replied 6 months ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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