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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47424
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We spoke a few months back, are we able to run an internal

Customer Question

Hi we spoke a few months back, are we able to run an internal investigation while there is a legal court date pending and would be just following his legal plea as an outcome?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hi there, can you please clarify what you mean by "would be just following his legal plea as an outcome?"

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Customer: replied 1 year ago.
He is pleading not guilty in his legal case, the reason we want to run and internal investigation is because if the employee goes to acas then at least from a business stand point we have some form of evidence that we can try and stop this going to a tribunal and defend ourselves so that he might settle instead of going to a tribunal. So if we investigate it do we just find him not guilty because he is and that's what he pleading in his legal trial
Expert:  Ben Jones replied 1 year ago.

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.

Customer: replied 1 year ago.
Perfect, what we are looking to do is conduct an investigation to strengthen our hand if acas phone so that we basically can say yeah we can go forward to a tribunal if you want we have substantial evidence to feel we have a strong case so the balls in your court. We can settle now or we are happy to move forward with the evidence that we have gathered. He only has another two weeks of the 4 month acas timescale to put in a complaint so we shall see what happens. Thanks very much for your help
Expert:  Ben Jones replied 1 year ago.

Just to check you mentioned 4 month timescale - it is usually 3 months, was that a typo?

Customer: replied 1 year ago.
Well it shows you how badly we are being advised because the girl said he has a four month period to lodge his appeal. so it's 3?
Expert:  Ben Jones replied 1 year ago.

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

Customer: replied 1 year ago.
This is why I came back to this because there has been a few incidents that have occurred and they have adviced us and it's been totally the wrong advice. She came in yesterday and I questioned everything because if there is a small doubt in my mind I always like to ask for a second opnion. Your help has been perfect. Can I ask also, law at work (who are advising us) created a letter which was sent out, now the letter basically states that there was a "comment" made and that it was made "in the heat of the moment" also there was an apology given within the context of the letter. Now I don't know how this affects my fathers legal case or the employment side of things but does he need to basically send a counter letter to say he doesn't recognise that letter because basically it's admitting guilt, there has been no investigation done and the "comment" was never made but his business partner was adviced by law at work and the letter was sent. I think this is of detriment to what we are trying to achieve.
Expert:  Ben Jones replied 1 year ago.

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.

Customer: replied 1 year ago.
Morning. Can you confirm when a company is trying to buy back its shares from a partner they have to pay the full amount up front? We have been adviced that that the only way this will go through and be completed is if we pay the full amount or have a third party to hold onto the shares until the full amount is paid. We were looking to pay up in instalments. It's just to see if this is correct. Thanks
Expert:  Ben Jones replied 1 year ago.

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