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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70788
Experience:  Qualified Employment Solicitor
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I am apprentice and have had today a disciplinary hearing

Customer Question

JA: Hi. How can I help?
Customer: I am apprentice and have had today a disciplinary hearing ended with final warning because of bypassing a safety circuit of production machine.
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: With a manager but not from my ( engineering ) department and HR as noticing person. Also wellbeing team member was present.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: To be honest, I only know that there are people working for agencies or with contracts.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am polishman, with mental disability, and doing the bypass I copied the pattern it was applied earlier by my senior engineer.
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ben Jones replied 7 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 7 days ago.

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 7 days ago.
Hello Ben. My name is***** for helping me today. I'm ready for Your questions.
Customer: replied 7 days ago.
What is my chance to cancel the breach qualification and decrease the range to misconduct as I had had given an example from the past that in the same conditions my senior engineer applied the same solution (bypassing the safety sensor) and did not redesigned the machine part to avoid bypassing situation in the future?
Expert:  Ben Jones replied 7 days ago.

Thank you. How long have you worked there for?

Customer: replied 7 days ago.
In engineer role but not as an engineer for over 2 years, now officially as 1 year apprentice.
Expert:  Ben Jones replied 7 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation. The issue is that no one can predict what your chances are of overturning the final warning because that depends entirely on the employer. You could come up with the best defence or explanation and they could still leave the current outcome in place. So you need to appreciate that all you can realistically do is appeal the decision and try your best to challenge the outcome but what happens is up to the employer and once the appeal has finished, you will not have further opportunities to challenge the employer internally.

In terms of the reasons for challenge, these will depend on whether you were given proper training about this, or if all you had to refer to was the supervisor’s actions. If appropriate training was given to you, then you should not have been copying what others were doing and should have followed your training. On the other hand, if no training was given and all you had available to refer to was what others in positions of responsibility did, then you can challenge the employer that you could not have known any better and they should be looking at disciplining those who did the wrong thing and set an example to others, rather than those who followed what they did in good faith.

If the appeal is unsuccessful, your only option is to consider whether as a result you cannot continue working there, in which case you are looking at resigning and claiming constructive dismissal in the Employment Tribunal.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 7 days ago.
Thank You very much for Your help. Have a good night. Kind regards.
Expert:  Ben Jones replied 7 days ago.

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best