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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73475
Experience:  Qualified Employment Solicitor
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Just have a query regarding a disciplinary, manager and HR,

Customer Question

Hi, just have a query regarding a disciplinary
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: manager and HR
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Emplyees agencies
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: They say I've breached health and safety
Submitted: 14 days ago.
Category: Employment Law
Expert:  Ben Jones replied 14 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 14 days ago.

Please explain your situation in some more detail

Customer: replied 14 days ago.
Hi, my name is*****'ve been suspended from work
For a little over a month for fro misconduct. I attended a meeting 2 weeks ago
Customer: replied 14 days ago.
Sorry for gross misconduct
Expert:  Ben Jones replied 14 days ago.

What are you supposed to have done? Please explain your query in some more detail Leon and please also tell me how long you have worked for your employer

Customer: replied 14 days ago.
I was invited to a disciplinary last night for a meeting where I was notified that it was my first disciplinary warning and would remain on my record for a year
And I would lose a percentage of my yearly bonus. I was then told I could appeal but wasn't sure if it was worthwhile and wanted expert advise as what to do next
Customer: replied 14 days ago.
Climbed over a barrier because l
Was in desperate need of the toilet.we were short of staff as usual and there was no cover. I had to wait for a colleague to finish his break by this time I was desperate
Customer: replied 14 days ago.
I have worked for the employee for about 3 years
Customer: replied 14 days ago.
Health and safety is an issue at the workplace as they haven't have put any clear signs in places of concern of health and safety
Customer: replied 14 days ago.
Please don't bother with the call
Expert:  Ben Jones replied 14 days ago.

Thank you. The pop-up offering you the chance to request a phone call is automatically generated by the site and you have already paid for a written response so that is the part I will continue helping you with. Please contact customer services to cancel the call and request a refund by following the link below:

https://www.justanswer.co.uk/help/how-to-request-refund

Expert:  Ben Jones replied 14 days ago.

Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

You have nothing to lose by appealing the outcome because the worst case outcome of an appeal is that the original sanction remains and the appeal is rejected. The employer cannot increase the severity of the penalty and make the situaiotn worse. On the other hand, if you appeal and are successful it can result in a reduction to the sanction or even a complete exoneration.

Any mitigating factors which you mentioned can be used in the appeal, as they can be relevant, but be advised that there is never a guarantee of a successful outcome and you are basically asking the employer to allow you a second opinion into the decision, so you may as well try your luck at the very least.

Expert:  Ben Jones replied 13 days ago.

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.