Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.
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
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.
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