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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 66635
Experience:  Qualified Employment Solicitor
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If I have not long returned from being off sick with stress

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If I have not long returned from being off sick with stress plus had clinical depression and been off twice in the 22 years I have worked in a company, can I do my appeal for a disciplinary in writing instead of facing 4 bosses in it?
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: The line manager is biased like the rest of the firm.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and not in an union.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: It for my so called behaviour at last year's Xmas party. They are saying I swore at another member of staff when I did not. The company provided a free bar. They have give me a first and last warning and want me to apologise in writing by today to the plus apologise to the other members of staff who were at the Xmas party.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Have you approached the employer over this? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 6 months ago.
No because they gave me an unfair grievance and grievance appeal over a manager bullying me and are determined that I am getting a unfair first and last warning after my disciplinary meeting that I did not attend because they wanted me to cross examine 4 witnesses who's statements were colluded as well as apologise to 2 people in writing and apologise to the rest of the staff at last year's Xmas party for swearing when I did not. I did not go into the disciplinary meeting because of this through suffering with clinical depression in the past and also do not want to go in this appeal disciplinary meeting as there are going to be 4 big bosses in there when there was only 2 big bosses in my appeal for the bullying meeting, which I lost. I also only returned to work in September 2019 after being off ill because of all this. There has been hostility from other girls as well as the lady who bullied me after the Xmas party by ostracising me the week before we finished at Xmas for the holiday season. I just need to know can I say because of my health I can not attend the disciplinary appeal hearing next Friday 13th November 2019?
Customer: replied 6 months ago.
Can the company dismiss me on my Appeal for, I feel, for an iunfair disciplinary decision?

Many thanks for your patience. First of all the appeal is there for your benefit so if you are requesting something which may affect the outcome, like not being present at the meeting, that is your risk to take. You could argue that due to your health condition, you are considered disabled in law and as such the employer has a duty to make reasonable adjustments. In the circumstances a reasonable adjustment could be to allow you not to attend in person. Worst case is they do not hold the appeal or postpone it. They cannot dismiss you and come up with a worse outcome than the original one.

Does this answer your query?

Customer: replied 6 months ago.
great. As they have given me their unfair answer of a first and last warning, for gross misconduct, can they still make me apologise in writing to 2 employees and aologise to the rest who were there at ths Xmas party last year nd also say I should not accept an invittion I received to this year's Xmas wot party?

Was an apology part of the original outcome?

Customer: replied 6 months ago.
but I did not swear and was advised to apologise in writing by today but I had already sent my appesl in on the 5th November.. i am not apigiding for something i have not done.
Customer: replied 6 months ago.
Also I was not going to this year's Xmad party anyway but should work tell me I should not accept an invitation when I have already been given one as well as apologise for something that I know I did not do?
Customer: replied 6 months ago.
The other 2 who i am supposed to apologise, who discussed a private work related matter of mine, were exonerated so is this fair to me?

They cannot force you to apologise, in the end that would be a voluntary act by you. As to the Christmas party, if this is organised by the employer or they sponsor it, then they can decide if you should go or not and for one year only they can request you do not attend so that there is no potential friction on what could be a highly-charged event. Does this clarify things a bit more for you?

Customer: replied 6 months ago.
great thank you very much Ben.

All the best

Ben Jones and 2 other Employment Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you so much for your help.
I will let you know how Appeal goes whether I go or put it in writing . Thank you Ben.

No worries thanks

Customer: replied 6 months ago.
Ben can ii appeal to an unfair disciplinary result and clear my name and remove the first and last warning of gross misconduct, as I believe the decision was colluded and biased through the witness statements?

Yes you can appeal of course but there is no guarantee that the appeal will be accepted so all you can do is appeal but you won’t know what the outcome is until the appeal has been heard and completed

Customer: replied 6 months ago.
Thank you Ben. I will be in touch if that is ok? Depending on the outcome.

No worries

Customer: replied 6 months ago.
If I am not happy with my disciplinary appeal, can I go to ACAS and a solicitor for an unfair decision?

You cannot just challenge the outcome or appeal with ACAS – they only deal with actual claims, so you would either have to resign and claim constructive dismissal and then go to ACAS or make a discrimination claim through them

Customer: replied 6 months ago.
Can I work at the same time as making a discrimination claim through ACAS?

yes for that you do not need to leave

Customer: replied 6 months ago.
Great thank you.

no problem

Customer: replied 6 months ago.
Should I say in my disciplinary appeal letter that if I do not get a fair decision, I am considering ACAS for discrimination?

yes you may do so, it is your right to go there anyway so you can always mention it

Customer: replied 6 months ago.
Thank you.

no probs

Customer: replied 6 months ago.
I received my unfair diisciplinary result the day after my disciplinary but I recieved the minutes 11 days after the disciplinary meeting they had. I had to request them.Can I make this a point in my appeal?

it's not really a relevant point which will give you any further rights legally

Customer: replied 6 months ago.
Ok thanks.

no worries

Customer: replied 6 months ago.
I lost my disciplinary Appeal which I feel was unfair. Should I go for discrimination with Acas?

Hello, thanks for getting in touch. We do kindly ask that customers post any related follow up queries within 7 days of submitting their original question. After that time, if you need further support, we kindly request that a new question is posted as we cannot offer indefinite assistance under one query. If you need any further help on this matter please post it as a new question on our site, starting it with 'for Ben Jones' as I am familiar with your case and can deal with it most efficiently. Many thanks

Customer: replied 6 months ago.
Ben Jones - Hi Ben I lost my Disciplinary appeal in work and no change was made to the decision, which was first and last warning for mis gross conduct, apologise in writing to 2 staff and not go to the Christmas party this year.
I think this was unfair for lies told, stories different from members of staff and the company provided the alcohol plus I did not swear at the girl who said I did and 2 staff have not said I did in their 2nd verbal statements took down in the minutes of the disciplinary appeal hearing last Friday. Can I go to ACAS for my company being unfair and biased for discrimination?

please see my message above and post as a separate query to continue, thanks