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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61796
Experience:  Qualified Employment Solicitor
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My husband has now received 6 messages from work in the last

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My husband has now received 6 messages from work in the last 48 hours while he is unfit for work due to stress at work. They have invited him to a meeting to answer questions relating to an informal’ investigation which he has had no official notice or paperwork for. What’s our next step?

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.

Did we not cover this earlier or do you need further advice and if so, what specifically please?

Customer: replied 9 days ago.
Yes but since our contact this afternoon he has received 2 further text messages and an email.
Customer: replied 9 days ago.
He has been asked to respond to the email and attend a meeting
Customer: replied 9 days ago.
He is in no fit state to respond or attend a meeting as his head is all over the place. What is next step please

What is the purpose of the meeting?

Customer: replied 9 days ago.
To answer questions regarding the line manager ‘informal investigation’

please remind me if it was due to a complaint your husband raised?

Customer: replied 9 days ago.
No there was a problem with the till system that my husband set up with no training or induction performance review and they are now suspecting dishonesty after the same
Customer: replied 9 days ago.
Practise used for 3.5 years
Customer: replied 9 days ago.
Regarding refunds and GM comp for unhappy guests

Oh yes thank you. If he is signed off sick he should request that the meeting is postponed until a later date when he is either signed fit for work again, or he simply feels better to deal with it. In the meantime advise them that they must respect that he is signed off sick and that they should not be harassing him with constant messages

Customer: replied 9 days ago.
Regarding disciplinary procedures. He is not aware that any has started as he has had no written confirmation that he is under any disciplinary? They have stated that they have obtained legal advice and they were told that they could contact him? Surely they can not start a disciplinary whilst he is off with stress?

they can do but that also includes an investigation and this could be an investigatory meeting which could lead to disciplinary in the future

Customer: replied 9 days ago.
Can this be carried out now when he is off? The ‘informal investigation ‘ started on 14 November and my husband wasn’t signed off until 29 November. Can I just add that they have now left me in charge! The wife of the man under investigation?

no they should not proceed with it to ensure it is all done fair, but if he is not going to return or is leaving they can do so.

Customer: replied 9 days ago.
They are not aware yet as we were going to do it tomorrow

ok so it does not really matter at this stage if he is leaving anyway

Customer: replied 9 days ago.
Will it affect our rights for a tribunal case; constructive dismissal if he refuses to go to the “informal meeting”

no it wouldn't, especially as the resignation will happen around the same time

Customer: replied 9 days ago.
I am so sorry to be a pain Ben, can you please bullet point of what we should do? I am runnng the business, my husband is stressed to high heaven! Shall we go now? My husband has been in this business for 30 years and he has excelled at his job. He is now destroyed because of this.

sorry can't be very detailed at this time as I am going offline now as up very early tomorrow...but I thought that you had decided he will resign and claim constructive dismissal?

Customer: replied 9 days ago.
Shall I continue to do the excessive hours or cut our losses and take it tribunal

well that is the million dollar question...the thing is I cannot tell you do this or do that - I can tell you the legal position, rights and options but which way you take it is up to you. I could easily give you the wrong option n here, simply based on the limited informaiotn I have, hence why I cannot make such decisions

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 9 days ago.
Okay, thank you

all the best