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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 12305
Experience:  Qualified Employment Solicitor
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I have been given a letter from my employer stating that I

Customer Question

I have been given a letter from my employer stating that I am to have a Disciplining Meeting, which may result in a finding of Gross Misconduct and instant dismissal. I have had no previous official warnings i.e. verbal or written. The incidents referred to are not subjects of gross misconduct. I have never been given the company handbook for procedures. I requested a week ago a copy of the grievance procedure as I felt I was being bullied out of my position not only by a fellow colleague but also  a partner of the firm who is a known to 'cross the line' as far as comments to staff and actions are concerned.To date I have not been given the company handbook or the grievance procedure as requested. I was also told that no grievance procedure has had to be taken before, I have since found out that a long standing employee of the company had to involve ACAS because of an unfair disciplinary.  Before I respond to the letter, I wish to be able to say I have taken some form of legal advice as one paragraph in his letter implies that he has already made up his mind and I fear that the meeting will only result in my getting upset. The letter has absolutely no indication that the matter hopefully can be dealt with and conciliation achieved. I believe the letter points to exactly what I believe, that I am being constructively dismissed. The Partner categorically states the following '  If the facts are proven to my satisfaction the matter will be viewed as gross misconduct which in the light of earlier instances of unacceptable behaviour may warrant your dismissal without notice for gross misconduct'.  I work on a busy reception, some people do not accept that they cannot talk to a person immediately and do not like either having to call back or leave a voicemail message.  I have been accused of being rude, aggressive and in the last instance hanging the phone up on a caller - something I would absolutely not do.  Not ONE of these accusations have been backed up by written statements.  In fact, one of the alledged complainants is 'friend' of the Partner. I have been given the opportunity to put my case forward and to bring a 'friend' to the meeting.  Can you assist Please?

Submitted: 3 years ago.
Category: Employment Law