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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 67910
Experience:  Qualified Employment Solicitor
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Since being on lockdown I have been informed there is a

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Since being on lockdown I have been informed there is a complaint made againsrt me and I will need to attend a disciplinary hearing. However, after certain things that have been said and done by my Line Manage and Managing Director since the start of the year, I feel this is more of a witch hunt to get rid of me. I was notified of the complaint on 30th March and although the office is now open again there is still no date for the hearing. I have now been informed by a colleague that someone new is staring and it looks like she will be doing my job. I have made a note of everything that has happend this year. I am confused and stressed and do not know what to do next.
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: The complaint has been raised by my Line Manager and it was the Managing Director who informed me off this. He is the partner of my line manager. Another director called me to say he would be looking into the complaint but he is now leaving the company. I spoke to HR (we use an outside company) when she rang to take a statement back in April. I have only just found out about the new startwer so have not spoken to a lawyer at all
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am employed full time having been with the company for 10 years. I am not part of a union unfortunately
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I can email my notes on the timescales of what has happened over the year of that would be helpful

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.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 5 days ago.
How long can the company delay the disciplinary hearing for? Due to other actions throughoiut the year and the employment of someone to do my job, do I have a claim for unfair dismissal if it comes to tha from the hearing

Many thanks for your patience. There is no specific deadline in law for how long an employer should take before they hold a disciplinary hearing, it can be days, weeks or months, depending on the circumstances. Obviously, significant delays could have been expected due to the virus and that would have allowed them to delay this by a few months at least. Now that the office is open again, you also have to appreciate that there will be some catching up to do with the more critical and day-to-day tasks before they start looking at things like disciplinaries, etc.

You can always ask the employer for an update and give them a nudge about it but really the best you can do is to use this time to gather up any notes, evidence, etc and be ready for when this moves forward again.

Does this answer your query?

Customer: replied 5 days ago.
Thanks for the reply ref the delay. However what do you advise regarding a possible unfair dismissal claim due to other actions that I mentioned

If they have lined up; a possible replacement already, that may indeed suggest that they have already made a decision about you and they are just filling in the gaps now, trying to find reasons to justify a dismissal. Obviously, it is too early to say whether you can claim unfair dismissal though, because you will only know once you have been dismissed and you know how/why it happened.

Does this clarify things a bit more for you?

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 5 days ago.
thank you for your response

All the best