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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 807
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I was talking with my immediate line manager about a number

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I was talking with my immediate line manager about a number of things in a normal way in a private office.no mention of investigation or notes taken. I have received an invite to disciplinary meeting about a topic discussed and part of the ‘evidence pack’ is a document Entitled investigation hearing which has 4 lines of alleged discussion. My letter states potential gross misconduct and possible loss of job.
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: My manager called to tell me I would be getting a letter inviting me to a disciplinary meeting on the first day of my return from holiday and I asked if it was a disciplinary or investigation as it was the first I had heard. She was confused. I stated that this was unreasonable as it would obviously ruin my holiday so dp meeting is now Wed , the day before I go. No other contact but received the written invite Saturday.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee no union
JA: Anything else you want the lawyer to know before I connect you?
Customer: Should I have been aware that the discussion was an investigation and surely more detail would be needed considering potential outcome?

Hi there I would like to help with this matter.

Customer: replied 4 months ago.
Thanks. My question is around process. Has my line manager acted reasonably and should I have been aware that I was being questioned for this purpose.

How long have you worked for the company please?

Customer: replied 4 months ago.
6 months

This is not proper process. Usually you should be invited to the meeting via a letter, you should certainly be made aware that it is an investigatory meeting. You should have been made aware that minutes were being recorded and there should have been a witness for both the company and you should have been afforded the right to have representation also. However, there are no "legal" requirements for the company to do this although it does form part of the Acas Code of Conduct, if an employer doesn't follow these guidelines it can cost them more money at a tribunal. You can see more information about these at https://www.acas.org.uk/investigations

However, I must advised that given you only have 6 months service if they do decide to dismiss you then you do not have enough qualifying service in order to bring a claim for unfair dismissal. The only way you could possibly have a claim against them would be if they have (legally) discriminate against you or do not pay you salary/notice/holiday pay you are due. Unfortunately until you have 2 years service employers can get away with not following procedures and treating staff unfairly for the most part. I wish I could give you better news but I must be honest with you. I hope this proves to be helpful information.

I would be very appreciative if you could click “accept” on this answer and give me a positive rating. This will let the website know that I have responded to your query. You can feel free to continue to ask more follow up questions if you feel this is necessary.

Thank you, ***** *****

R.

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Customer: replied 4 months ago.
Thank you.

You are welcome. Best of luck and enjoy your holiday either way.