Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
Based on what you have described, what would be the ideal outcome for you so that I can advise you of your options?
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Thanks for your patience. The employer has the right to consider investigating and disciplining you over your conduct if they believe that it amounts to misconduct. How seriously they treat this will depend n the overall seriousness – for example the nature of the text, if it was an ongoing issue, how seriously the client took it, how it may affect their business with the employer and so on – there are many factors to consider. However, based on the circumstances surrounding this and why and when you sent the message there should be some leniency on their part and I would hope a warning advising you to watch your future conduct would be appropriate.
In terms of what the employer should to in general to help you with your condition, you are likely to be disabled under employment law. They would therefore have a duty to make reasonable adjustments to help you. What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances of the employer, their business, the potential impact on other employees, the available resources, etc. Whilst legislation does not currently provide specific examples of what adjustments can be made, the following are examples that have been considered reasonable in case law over time:
If they fail to do this they can be guilty of discrimination.
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You do have the right to be accompanied at a disciplinary hearing by a colleague or trade union rep. Where an employee's chosen companion is unavailable, the employee has the right to suggest an alternative time which is not more than five working days later. In practice it would be advisable for an employee (or their companion) to give a range of available times, or for the parties to seek to agree a time. However strictly speaking, from a legal perspective, you can only rearrange the meeting for no more than 5 days after the initial date in order to allow you to get your companion of choice. After that the employer could potentially proceed even if your companions are not available.
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The employer is not obliged to give them time off to attend, they have to use any free time they have
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