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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been accused of bullying a member of my team whom

Customer Question

Hi, I have been accused of bullying a member of my team whom have made this accusation just before leaving the compnay. i have also step down as manager prioer to this. My head of HR has sent me a formal discipilanary hearning next week. I like to know if this fair? i asked to have a meeting with the employees to discuss it as a group but was told as she is leaving and i no longer working as a manager this is not needed. nevertheless was sent a formal disipilanary hearing
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I have been working in this compnay for the past two years, working very successfully. I was promoted to head of the department six months ago but as i resigned as i needed work flexibility (wanted to work remotelety) but was not allowed. I am now a senior member of the team.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Please also note the following;I have been working as a head of an charity organisation for six months in London and due to wanting to have work flexibility I decided to step down from this position last month and is now working in the same organisation as senior member.Last month also one of my the team members resigned and with a help of a senior made a formal bullying allegations against me and moved to another job.During this time I was on annual leave and found out about this by chance. My senior informed me that she didn't want to upset me by this news before going on holiday. I then made a request to my senior and Head of HR to have a meeting with this member of the team but was said as she is leaving and I'm no longer manager this meeting is not required.Therefore I have been sent a formal disciplinary hearing to attend this month with my senior and head of HR.Please could you advise if this meeting is legal giving that I'm no longer manager.Also, is it the right process to take me straight into formal disciplinery hearing without formal investigation?
Customer: replied 1 year ago.
For now, I have sent my director and head of HR who have setup this meeting a full explanation with email trails as evidence but they still insist to have this formal disciplanry hearing without assessing my sayings and or putting some counsiling sessions in place for the employee's sayings. this is causing me great stress and is effecting my well being - i have informed the company that is looking to apply for other positions.
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long exactly have you worked there for please?

Customer: replied 1 year ago.
2 years
Customer: replied 1 year ago.
Hi Ben, Thank you for looking into my query
Expert:  Ben Jones replied 1 year ago.

Sorry my connection dropped earlier and it has only just been resolved. I understand it has been 2 years but I need exact dates if possible please as your rights depend on that, thanks

Customer: replied 1 year ago.
its 17th November 2014 untill present time.
Expert:  Ben Jones replied 1 year ago.

Thank you. The law does provide for certain requirements when disciplinary action is taken against an employee to ensure that this is done fairly. However, this is only relevant to employees with at least 2 years service, which unfortunately you do not yet have.

So if you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal. This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). Therefore, they could follow an unfair disciplinary procedure an dismiss or force you to leave as a result of treating you unfairly in the process and you cannot challenge it, subject to evidence of discrimination.

At this stage the best you can do is just defend the allegations as well as you can and hope that this does not result in dismissal.

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

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