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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 52668
Experience:  Qualified Employment Solicitor
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I have an employee that I have asked to attend a

Customer Question

I have an employee that I have asked to attend a disciplinary meeting for willful failure to follow management instructions and unauthorised absence from work. The employee then informed me she was sick. I put her on SSP she then informed me she was back to full health so I re-stated her to full pay and set a new date. She then informed me that the date for the disciplinary conflicts with a holiday she had booked with the company prior to this issue and that she is still waiting for confirmation from some who can come to the meeting with her. How long do I have to keep dealing with these delaying tactics and paying this employee? We are a small company and cannot afford this.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Ben Jones replied 7 months ago.

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

Expert:  Ben Jones replied 7 months ago.

How long has that person worked there for?

Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 7 months ago.
In August it will be 2yrs
Customer: replied 7 months ago.
OK
Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. Whilst the employer has valid reasons to delay the disciplinary, it would not be something she can do forever. If she had a pre-booked holiday, then you cannot expect her to come in on that date. She then has the right to be accompanied to the hearing by a colleague or trade union rep. If her companion of choice is not available, she can make a reasonable request to have the meeting rescheduled by up to 5 days, to allow her to get her companion to attend, or find someone else. After these 5 days, you can set a date and state that if she fails to attend you will just proceed in her absence. As she has less than 2 years’ service, she has no unfair dismissal protection anyway and you can quite easily dismiss her, even if you did not have a fair reason for doing it or had not followed a fair procedure. So do not be hesitant to adopt a tougher stance on this and pick a date and stick with it, whatever tactics she adopts to try and delay it.

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

Expert:  Ben Jones replied 7 months ago.

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

Expert:  Ben Jones replied 7 months ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks