How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61246
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I am currently in redundancy consultation. The last

This answer was rated:

Hi, I am currently in redundancy consultation. The last consultation is about to take place next week. However, I have since been notified that there is an allegation of gross misconduct against me and a disciplinary hearing is also due to take place possibly next week. I dispute the allegations but I just want to take my redundancy and leave the company. I am also currently under suspension. Please can you advise.
Assistant: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: Just the manager who interviewed at a disciplinary investigation but he's not from HR and managing director pa took notes
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm a employee, not in Union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I have currently have a grievance procedure raised from 18 months of bullying in the workplace

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.

How long have you worked there for?

Customer: replied 10 days ago.
23 months
Customer: replied 10 days ago.
On the 21st November I will have worked for the company for 2 years
Customer: replied 10 days ago.
Hello?
Customer: replied 10 days ago.
Hello I am still waiting for a response
Customer: replied 10 days ago.
Hi, I am currently in redundancy consultation. The last consultation is about to take place next week. However, I have since been notified that there is an allegation of gross misconduct against me and a disciplinary hearing is also due to take place possibly next week. I dispute the allegations butI just want to take my redundancy and leave the company. I am also currently under suspension. Please can you advise.
Assistant: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: Just the manager who interviewed at a disciplinary investigation but he's not from HR and managing director pa took notes
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm a employee, not in Union
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I have currently have a grievance procedure raised from 18 months of bullying in the workplace

When you say you want to take your redundancy, are you actually being paid any redundancy pay?

Customer: replied 10 days ago.
I have been handed correspondence outlining details of a redundancy package

Ok well legally you would not be due any redundancy anyway as you need 2 years service for that which you do not yet have. Similarly, you are not protected against unfair dismissal until you reach that threshold so they could dismiss you anyway, even without a fair disciplinary procedure or proving the allegations are true. So rather limited rights overall.

 

The best option is really to approach the company to see if they are willing to just let you go and forego the disciplinary process, although you may have to bargain with them and offer to forfeit any rights to notice and redundancy. Failure to do so means they can still proceed with it and potentially dismiss you before the redundancy takes place and considering you cannot challenge the dismissal it means that it is a case of choosing the lesser of two evils.

 

I appreciate this may not be the answer you were hoping for but it is the legal position and I hope that it at least clarifies where you stand?

 

Customer: replied 10 days ago.
What if i was to hand my resignation now?
Customer: replied 10 days ago.
what if I were to fall ill with stress in the meantime?

You can resign at ant time but would be expected to work your notice period. If you go off with stress they can still potentially proceed with the disciplinary, knowing they only have one chance and cannot postpone it further

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 simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Ben Jones and other Employment Law Specialists are ready to help you