Hi there, can you please clarify what you mean by "would be just following his legal plea as an outcome?"
Hi there, the court trial and the internal investigation are two separate matters so neither depends on the other. In other words, just because there is a court trial and the issues you wish to investigate are discussed there, does not mean you have to ignore any liabilities you have to investigate internally. At the same time, if evidence comes out at the trial, it should not influence or cloud your decision of the internal investigation. Therefore, regardless of what he is pleading and what comes out at trial, your decision should be based purely on the investigation you conduct so try to keep ot as a separate process.
Just to check you mentioned 4 month timescale - it is usually 3 months, was that a typo?
to make a claim for unfair dismissal or for constructive dismissal, the claim must be submitted within 3 months of the date of termination. If the person engages ACAS to to conciliate with you then that puts a stop to the time limit for the period of conciliation, which then restarts after a certificate is issued by ACAS when their involvement ends. So it could be a period linger than 3 months to take into account the conciliation process but technically it is still 3 months
Saying that a comment was made in the heat of the moment and issuing an apology could be seen as an admittance of guilt in some respects but try not to worry too much about it. You may of course send a letter saying that the initial letter was sent in error and was as a result of erroneous advice. So you could state that at present you are reserving any comment in relation to this until a formal investigation has been carried out.
Hello I am afraid this is not an area I can assist with, it is corporate law, so you will need to post a new question for it, thank you