Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Based on what you have described, please can you tell me what the ideal outcome would be for you given the circumstances, so that I can advise you of your options? Thank you.
Please can you also tell me how long you have worked there for?
OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
Many thanks for your patience. to be honest the terms you have used, such as being ‘guilty by association’ is not really something that is legally defined so you will not find anything specific which says you can or cannot use it in such circumstances. It is your opinion that there is some guilty and in all fairness there probably, although it would not be the same level of guilt as someone who had deliberately done the prohibited act. Allowing a practice to happen does not mean the person doing so would be guilty of the same offence as the person who committed the wrongful act so in some respects this is more something of a moral guilt rather than a legal one.
In any event, in relation to bullying, The Advisory, Conciliation and Arbitration Service (ACAS) defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” Whatever form it takes, it is unwarranted and unwelcome to the individual subjected to it.
If you are now facing a disciplinary then you may have to go ahead and defend that to the best of your abilities. Considering your length of service and record, I would say that a dismissal is unlikely to be the outcome of this. Of course nothing prevents the employer from going down that route but at the same time it can be challenged if necessary.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have following the disciplinary outcome, 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
Hi there, whether this was formal disciplinary action will depend on how you used this process and if it was something which remained on their personnel record. For example, a verbal warning is not formal disciplinary action but if the record of this was kept in the employee’s personnel file and could potentially be used against the m in the future, then it is akin to formal disciplinary action and they should have been taken through a formal disciplinary process. In your case, if you had simply issued a letter warning them that they should not repeat their actions as it could result in them being in trouble in the future and you took this no further and did not keep it as part of their disciplinary record, then it is not really formal disciplinary action. Saying that, for bullying to occur it is not necessary to formally discipline someone, bullying can happen in all circumstances, formal or not.
As to the agency worker, he would not be protected against unfair dismissal anyway and as you can terminate his contract at any time under the terms he was employed by you, assuming there was no discrimination behind your decision (e,g, based on race, gender, religion, age, etc) you would not have done anything unlawful .
Hi there, diary entries are evidence but they are not direct evidence as such they are your own evidence and your personal opinion. So the employer can choose to ignore certain evidence if they do not think it is relevant or question its credibility.
The argument here is on a technicality or to be more precise on interpretation of what amounts to disciplinary action. What you did may jot be ‘formal’ disciplinary action but it can be part of the overall disciplinary process. Just as a verbal warning is mot formal disciplinary action, it is still part pf the disciplinary process, like an informal initial step. The same would be here, it may not be formal disciplinary action like being properly taken under a disciplinary procedure but it is something which can form part of their record and be considered in future disciplinary proceedings.