Hello when did he find out that you signed it in your name and what have the repercussions of you doing this been for you or the company?
How long have you been doing this for and when was the last occurrence?
Ok leave it with me please I will reply fully later today thanks
Notification of reply will be then you return in here
Thanks for your patience. I would say that the disciplinary action is most likely unfair and unjustified. Whilst your actions can amount to misconduct, they had been ongoing for a long time and with the full knowledge of the manager. I am not saying that what you did was right but if you had done something wrong and it had come to the employers attention, then they are required to take any formal disciplinary action without unreasonable delay. So they should have dealt with this after the first or first few occurrences had taken place, not leave until a year later. It does appear that they are just using this as a reason to discipline at a time when it is convenient for them rather than as a genuine response to what they believe is genuine misconduct. Also this is not fraud, fraud occurs when you commit a dishonest act for personal or financial gain, which is not really the case here.
So procedurally any disciplinary action is likely to be unfair and you will have grounds to appeal the outcome of this disciplinary. I am not sure what they have said the potential outcome could be or what they have in mind but if it results in dismissal then a likely unfair dismissal claim could be pursued in the employment tribunal.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have should this result in 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Thank you. In terms of statements, you can try and get the meeting postponed to wait for these but that is only if there is an indication that he is happy to provide these and just has not been able to do so in time However, if he is unwilling to provide statements then he postponement is unlikely to be granted.
If this was to result in dismissal and there are any doubts or evidence that this was unfair, 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.
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:
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.
You are most welcome. Just to clarify, have all your questions been answered or is there something outstanding?
Yes of course you can, just start your question with for Ben Jones and it will get to me, thanks
Hi at this point in time it is too early to comment to be honest, they have conducted the disciplinary and you also have a grievance in, you need to proceed with that and in the meantime wait to see what the disciplinary outcome is going to be.You can then consider what the best way to take this forward is.
please see post in new thread, thanks
Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks