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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I had a disaplinary meeting yesterday which was cancelled by

Resolved Question:

Good Morning I had a disaplinary meeting yesterday which was cancelled by my employer the day before via email. My notice is up tomorrow and .my employer has stated that a new date cannot be set before then.They have said that I now need to let them know if I want to arrange another date.I have been suspended on full pay since the 1st July. ..I handed my notice in on the 3Rd July.
I find it ironic that's it down to myself to decide if the disaplinary takes place.
Regards Sharon
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 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 11 months ago.

How long had you worked there please?

Customer: replied 11 months ago.
3 years
Expert:  Ben Jones replied 11 months ago.

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.

Customer: replied 11 months ago.
Thank you.
Expert:  Ben Jones replied 11 months ago.

No problem at all

Expert:  Ben Jones replied 11 months ago.

Many thanks for your patience. If your notice period expires tomorrow and you are no longer going to be employed by the company from then, there is no obligation on you to attend a disciplinary hearing any longer. So you can simply tell them that you are not going to be attending as you no longer work for them and you are no longer bound to adhere to any of their policies and procedures. If they wanted to discipline you then they should have done so whilst you were still employed by them. Once you leave, they cannot discipline you and cannot force you to attend any disciplinary hearings. Also the official reason for your termination will be resignation, they cannot say that you have been dismissed as it is too late to do so now.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 11 months ago.
Thank you for your assistance. Sorry one more thing they have stated that if I do not attend a meeting . My references will state Resigned pending Investigation. .
As a registered manager this doesn't sound good. ...
Expert:  Ben Jones replied 11 months ago.

Whilst there is no legal obligation on employers to provide a reference for past employees, if they choose to do so they will automatically owe them a duty to take reasonable care in its preparation. This requires the employer to be accurate in the contents of the reference and ensure it is based on facts, rather than just personal opinion.

Certain principles have been established through case law over the years and the main points can be summarised as follows:

In the case of Bartholomew v London Borough of Hackney the employer provided a reference which contained details of disciplinary proceedings which were pending at the time the employee left. The court decided that the employer had not breached its duty of care by providing such a reference as it would have a duty to provide a reference that is true, accurate and fair and does not present facts so as to give a misleading impression overall. Therefore, if the employer had not included details of the disciplinary proceedings it would have failed in its duty to the prospective employer to provide a reference that was not unfair or misleading.

So you can still attend the meeting but what would they say then if they decide that you could be dismissed as a result? So I still think thank pending investigation is better than saying dismissed or would have been dismissed.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you something to think about.
Expert:  Ben Jones replied 11 months ago.

You are welcome

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