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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75168
Experience:  Qualified Employment Solicitor
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I need advise on a disciplinary hearing?

Customer Question

Hi I need advise on a disciplinary hearing?
Submitted: 21 days ago.
Category: Employment Law
Expert:  Ben Jones replied 21 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 21 days ago.

Please provide some more details of your circumstances. 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 as soon as I can. Thanks

Customer: replied 21 days ago.
I received a notification today to attend a disciplinary meeting tomorrow. I have been given 24hours notice. I would like to postpone it until I have an appropriate witness available to attend with me. Can you tell me what the implications are of postponing it, and how long can I post pone it for while.
Customer: replied 21 days ago.

Hi Ben

Can I reschedule a disciplinary meeting without giving a reason.

Jim

Expert:  Ben Jones replied 21 days ago.

Thank you very much for clarifying. How long have you worked there for?

Customer: replied 21 days ago.

13 months.

Expert:  Ben Jones replied 21 days ago.

Thank you. First of all, I am sorry to hear about the issues you have experienced in your situation.

The law does not specify the minimum notice required for attending a disciplinary hearing and all it says is that the notice must be ‘reasonable’. The issue is that failure to give adequate notice only makes any disciplinary process procedurally unfair and you need at least 2 years service to be able to challenge that. It does mean that those with less than 2 years service can potentially be given inadequate notice or dismissed without a fair procedure and they won’t be able to challenge it.

You cannot officially postpone a disciplinary for no reason but you can ask for a postponement if your companion of choice is unavailable for the scheduled date. So if you choose a colleague or union rep to accompany you but they are unavailable, you can ask for a postponement of up to 5 days to allow you to find an alternative companion, or to ensure the originally chosen one is free on the new date.

Customer: replied 21 days ago.
Is there anything I am entitled to know prior to the meeting e.g. who is attending?
Expert:  Ben Jones replied 21 days ago.

Not by law, they can easily just ask you to attend with no detailed whatsoever – this is all procedural unfairness, which unfortunately you cannot challenge

Expert:  Ben Jones replied 20 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Expert:  Ben Jones replied 20 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 20 days ago.

Hi Ben,

Are there any legal ramifications in Ireland for handing in my notice and not going to the disciplinary hearing?

I would not intend on working my notice but being signed out on stress leave. As you can imagine this is a very stressful time.

Expert:  Ben Jones replied 19 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. If you do not attend the disciplinary hearing, they can potentially still proceed with it in your absence and make a decision without hearing your side of the story. Whilst usually an employer should try and postpone a meeting if an employee is signed off sick, if their employment will end soon and there will be no further opportunities to hold the meeting, they can insist that it proceeds as planned and that you potentially make written submissions, or they make a decision based on whatever is available to them at the time