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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49816
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A colleague has raised a grievance against me. HR have informed

Customer Question

a colleague has raised a grievance against me. HR have informed me that i cannot talk to anyone who might support my case but instead must give them the list of people and they will talk to them on my behalf. Is this even legal ???
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
18 months
Expert:  Ben Jones replied 2 years ago.
This can be legal. When you are on the receiving end of a complaint and facing potential disciplinary action, the employer could ask you not to contact anyone in the workplace. If you want to use anyone as a witness you could tell the employer your chosen witnesses and they will then be able to interview them or ask them to provide a statement. There is no automatic right to allow you to speak to them directly. In general, your rights in this situation are rather limited. This is because you do not have 2 years’ service. This means you are not protected against unfair dismissal or constructive dismissal. In reality the employer could decide to dismiss you or not follow a fair procedure and force you to resign without you being able to challenge it. Any of the rules on grievance and disciplinary hearings only apply to employees with more than 2 years’ service so if the employer conducts an unfair procedure, those without the required service cannot challenge it. This means that even if they refuse to allow you to call witnesses, speak to them, or even defend yourself, you are unable to legally challenge it because you do not meet the minimum criteria to do so. This is your basic legal position. I can provide more detailed advice for you as needed or answer any questions 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, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 2 years ago.
So I have no rights at all !!
Expert:  Ben Jones replied 2 years ago.
You can challenge the employer directly but if they refuse to change their procedure and keep things as they are, you cannot do anything to take the matter further. Similarly, if they decide to dismiss you as a result you would not be able to challenge their decision unfortunately. However, you have nothing to lose by asking the employer to reconsider or simply just allowing them to carry on and then defending yourself as things unfold (assuming they will actually take things further). Does this clarify?
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.