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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50480
Experience:  Qualified Employment Solicitor
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I was verbally suspended from work on the 12th of Jan and

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I was verbally suspended from work on the 12th of Jan and they followed this up with a single envelope containing my suspension letter and this letter finished with "you WILL be invited to a investigation meeting following this meeting it will be decided if you are dealt with via disciplinary or reinstated back to my normal duties".Also in the envelope was the original letter of complaint they received of which I had already seen the day I was suspended this is refereed to as evidence relating to the allegations along with a letter inviting me to a disciplinary hearing the following day and this letter finished off with the outcome of this meeting could result in summarily dismissed,I contacted the office and explained my concerns that at no time had I been invited to any investigation as set out in my letter of suspension at which they referred to the second letter as a TYPING ERROR and they would get back to me.Today I received a hand delivered letter back tracking and inviting me to a investigations on Monday at 9am also pointing out in BOLD this meeting does not constitute a disciplinary.I have a number of questions regarding not only the above points but also the following.I have only been at the company three months so should I just roll over and get on with my life as I have very few or no rights. The employment was full time based on a 42.5hr per week contract. (Further contract questions follow).1: The allegations are proven with that I have no issue. one been smoking in a company vehicle and the other posting a video on Facebook of me having a argument with enforcement officer issuing me with a ticket for smoking in my company vehicle the letter of complaint was sent to the company by the aforementioned officer. this causing a knee jerk reaction and suspension. The allegations are been refered to a GROSS MISCONDUCT as per company policy set out in my contract of employment and or the company hand book. The point is I have been asking for the said contract and handbook for three months since my start of the employ, but NEVER recieved one I also have witnesses to verify this.
Can they dismiss me for gross misconduct based on the above ??I now honestly want to walk away from the job as having recieved my disciplinary letter before the investigation letter now leaves a bitter taste and I feel if I was to carry on working there I would be victimsed as the only reason would be they think twice before throwing the baby out with the bath water on this occasion.Do you feel contracts have been breached in this situation ??Sorry for been long winded but it's all I have had for the last week and I go away on a pre booked holiday out of the country on Thursday so feel timings etc are against me.Kindest regards ***** *****woodPS Both charges against me are commonly overlooked and everyone smokes in the vehicles and post on facebook with company issues but again no one has ever been disciplined..

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

Let me consider these points and I will reply on here shortly

Customer: replied 4 months ago.
Thanks Ben
Customer: replied 4 months ago.
Sorry cannot afford the telephone call

No problem it is just optional

Ok, so you are correct that you have very few rights in the circumstances due to your length of service.

In relation to what has happened so far this is really a non-issue I am afraid. I agree it could have been dealt with better but this is only a procedural issue and these cannot be challenged with less than 2 years service so you have to ignore them.

You will have better rights to argue that this is not gross misconduct because you did not know the exact procedure due to the lack of contract or handbook being issued to you. However, it does not mean a dismissal can be acoided, just not classify it as a gross misconduct dismissal, hence you will be entitled to notice period.

So really your only rights on challenging any of this is in relation to whether this is gross misconduct or not. If you feel like you want to leave as a result of all that has happened you can offer to resign, serve your notice period and leave, asking them to drop the investigation and disciplinary in return. Otherwise you have to continue with the process and defend yourself and challenge any gross misconduct as being too harsh, remembering the dismissal itself cannot be challenged, just its seriousness.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 4 months ago.
I am satisfied with your answers and to be honest it's what I expected. It is my intention to stall the inevitable. I have my investigation meeting on Monday and if they lift the suspension I shall be resigning prior to leaving on holiday Thursday for a week. However I live in hope they don't have the time to move onto disciplinary prior to my leaving on holiday. Thanks Paul. Any further advise on the above would be appreciated as I no longer have confidence in my employer.

Hi there, what else specifically would you like to know please?

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