Employment Lawyers Can Answer Your Employment Law Questions
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.
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
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?
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?
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?
use it in what way?
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?
OK I'm not available for calls this week but you can make a call request and whoever is free will accept it