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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61684
Experience:  Qualified Employment Solicitor
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Does the employer have to tell me if I am being disciplined

Customer Question

Does the employer have to tell me if I am being disciplined wether it’s for gross misconduct ?
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: They will not discuss the reason with me....just citing underperformance
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee for nearly 9 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Can. Be sacked
Submitted: 9 days ago.
Category: Employment Law
Expert:  Ben Jones replied 9 days ago.

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

Expert:  Ben Jones replied 9 days ago.

Have you been asked to attend a formal disciplinary meeting? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 9 days ago.
Yes I received a letter outlining the details for a disciplinary hearing on the 3rd dec2019
Expert:  Ben Jones replied 9 days ago.

Thank you. When an employer is going through a disciplinary procedure they are expected to follow the ACAS Code of Conduct. In relation to disciplinary hearings it states the following:

 

“If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification. The notification should also give details of the time and venue for the disciplinary meeting and advise the employee of their right to be accompanied at the meeting.”

 

So they would be expected to advise you what the consequences are and if it is gross misconduct then that it will potentially end up in dismissal.

 

Does this answer your query?

Customer: replied 9 days ago.
The letter states the possible outcome may be a written warning or dismal.
Can I be dismissed for poor performance ?
Expert:  Ben Jones replied 9 days ago.

ok they have complied with the requirements on what informaiotn to give you. As to whether poor performance can result in dismissal, the answer is yes, it can as it would amount to a capability issue, which is one of the allowed reasons for dismissal. However, it should not result in instant dismissal and they should go through a fair disciplinary, where you are issued with warnings and time to improve, before they eventually look at potential dismissal. Does this clarify things a bit more for you?

Customer: replied 8 days ago.
Yes thank you
What would it cost me to have you attend the meeting to represent and protect me
Expert:  Ben Jones replied 8 days ago.

That won't be possible I'm afraid, for two reasons. Firstly we are just an online Q&A service so cannot represent you officially and secondly lawyers are not allowed in disciplinary hearings as you can only bring in a colleague or trade union representative. Does this clarify things a bit more for you?

Customer: replied 8 days ago.
Ok I understand........I may call you on Monday ...in the mean time can they use cctv without my knowledge ?
Expert:  Ben Jones replied 8 days ago.

use it in what way?

Customer: replied 7 days ago.
To asses my performance whilst I carried out a maintenance on a machine. I did not know the camera was present plus I have not received any training on that specific type.
Expert:  Ben Jones replied 7 days ago.

If there was no specific policy which said they can use CCTV footage for performance monitoring and even more so, if you did not know the camera was there in the first place, you can challenge them that they have broken data protection laws in the process and the footage was unlawfully obtained. Does this clarify things a bit more for you?

Customer: replied 6 days ago.
Yes indeed
I will need to call you today
Expert:  Ben Jones replied 6 days ago.

OK I'm not available for calls this week but you can make a call request and whoever is free will accept it