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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been dismissed from my work place as I have been

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I have been dismissed from my work place as I have been accused of bullying.i am appealing against this accusation.what to bring up in my appeal.how to prove myself.Had many character statements go in to help me.
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 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 7 months ago.

How long had you worked there? Also, did your employer have a meeting or investigation carried out regarding this?

Customer: replied 7 months ago.
Worked there for 13years.never had any problem before.i had a phone call to say I have been suspended as colleagues x3 had put in statements about me.they said I was suspended whilst they investigated.i then got a phone call to say I had to meet with a investigating officer then it went to a disaplinary which I thought the hearing was not done fairly as I asked for time out was told we are taking a half an hour out in that time I wrote some things down that I wanted to say but was told I have made my mind up and you are dismissed from now.was told to keep it for my appeal as this would not make any difference as my mind is made up.i work in a care home for the elderly,I have had lots of character statements go in from families and staff.
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you in a short while. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your questions to the back of the queue and you may experience unnecessary delays. Thank you.

Customer: replied 7 months ago.
This incident happened on the 6th of June.i told a member of staff that I was going to ring the district nurses as I felt this lady was in pain.when I went downstairs to make the call,the team leader who was taking over from me was talking to another team leader and I heard her say ok I will call hospice at home I said you don't need to do that as I am calling the district nurses then she gave a funny look and I said there is no need to look like that.then she went outside with another colleague as she was crying.i thought that was the end of it.i then did go and apologise if I sounded a little abrupt.i was told in my disaplinary that if I apologised I must have thought I had done something wrong.i said no I would apologise to anybody if I thought I was abrupt.Then 2team leaders and a carer put in statements about me which are not true statements.i would like to know how to go about things in my appeal tomorrow.
Expert:  Ben Jones replied 7 months ago.

There is sadly no guaranteed way of proving your innocence. In the end you can only use what is available to you and if there was nothing more than character statements that you could put forward, then you will only be able to rely on your own evidence. The issue is that in allegations of bullying there is often not much neutral evidence and it is the accuser’s word against the alleged bully’s. In some circumstances here simply won’t be any further evidence that can be provided. So you will not be able to do much more apart from to reiterate your position, try to look for holes in their version of events and basically attempt to persuade the employer that their evidence is inconsistent.

Also note that an employer does not need hard evidence to be able to make a decision, including dismissal. In order to justify that dismissal on grounds of misconduct was fair, the law requires 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.

So an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.

At this stage your only option is to appeal and if that fails, you will have to start thinking about whether to make an unfair dismissal claim in the employment tribunal.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you have to take this matter further, 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

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46207
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 7 months ago.

Thank you. if the appeal fails then your only option is the employment tribunal where a claim for unfair dismissal must be submitted within 3 months of the original dismissal date. 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:

https://ec.acas.org.uk/Submission/SingleClaimantPage

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.

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