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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 2631
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I have received a letter from Bham Audit who have been

Customer Question

For Ben Jones
I have received a letter from Bham Audit who have been commissioned to investigate dual employment. They have requested my attendance on wed 18.05.78 and I can bring a representative. I am not sure who I can take as I am not in a Union. Any advice on this or generally will be much appreciated.
Submitted: 15 days ago.
Category: Employment Law
Expert:  Ed Turner replied 15 days ago.
Hello.
Expert:  Ed Turner replied 15 days ago.

I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

Expert:  Ed Turner replied 15 days ago.

I am sorry that you are facing a potential dispute with your employer after being asked to attended a disciplinary investigation hearing but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.

Expert:  Ed Turner replied 15 days ago.

When did you start employment with your employer?

Expert:  Ed Turner replied 15 days ago.

My recommendation for your impending disciplinary investigation hearing is to be as cooperative and as professional as possible and state your version of events and your response to their allegations of misconduct as well as you are able. Do not get angry or upset with your employers as they will only use it against you at a later date and you may say or do something that will prejudice your claim and damage your credibility in the eyes of the Tribunal. If it is a disciplinary hearing where the employer is contemplating your dismissal from employment, you have the right to be accompanied by a co-employee or a trade union member (but not a solicitor or other legal adviser) to observe the proceedings and take notes, but not actively participate.


If you have less than two years’ continuous service, and it looks like the outcome of the disciplinary meeting is a “foregone conclusion” and you will be dismissed from employment, I recommend that you offer a voluntary and mutual termination of your contract of employment on the best terms possible, including payment of your notice pay and provision of a factual and impartial reference to future employers. This will end the dispute amicably and you will not have a dismissal for incapability or gross misconduct on your employment record.

Expert:  Ed Turner replied 15 days ago.

I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

Customer: replied 15 days ago.
Hi Ed. Sorry answer to your question I have been employed for 3yrs.
Expert:  Ed Turner replied 14 days ago.

As you have over two years’ continuous employment, then you may lodge a Claim with the Regional Employment Tribunal for Unfair Dismissal if you are Dismissed or forced to leave your job because of the way your employer has treated you, which is a Constructive Dismissal.

Your employer must follow a fair Disciplinary and Investigation procedure before they decide to dismiss you.

However, if you have been Dismissed or Constructively Dismissed based on an Inadmissible Reason, then the Dismissal will be Automatically Unfair regardless of the length of your Employment. Inadmissible Reasons for Dismissal include Dismissal on the basis of a Protected Characteristic (Age, Disability, Race, Religion or Belief, Sex, Sexual Orientation, Marriage/Civil Partnership, Pregnancy and Maternity, Gender Reassignment), for making a Disclosure In The Public Interest to a Prescribed Person within your Employer or external Regulatory Body (i.e. “Whistleblowing”), Trade Union membership or activities, asserting a statutory right under section 104 of the Employment Rights Act 1996 (“ERA”) or for a health and safety reason under section 100 of the ERA.

In Discrimination and Whistleblowing cases, in addition to the Basic and Compensatory Awards for Unfair Dismissal, you may also claim Damages for Detriment and Injury to Feelings.

A Claimant employee has three months from the Effective Date of Dismissal, or the Discrimination or Detrimental Act complained of to lodge a Claim Form ET1 with the Regional Employment Tribunal. This is a very brief time limit which is strictly enforced. I therefore recommend that you act as quickly as possible by instructing specialist employment solicitors to protect your position and advise you fully on your prospects of success.

You must also notify the Government’s free and impartial employment dispute advisory service: the Advisory, Conciliation and Arbitration Service (“ACAS”) to commence the compulsory Early Conciliation Process (“ECP”). ACAS are not a firm of solicitors or legal aid providers, but they will attempt to facilitate an early settlement between the parties without the need for Tribunal Proceedings.

During the ECP, the three month-limitation period to issue a Claim Form ET1 is suspended. If ECP fails, ACAS will issue the parties with a Certificate which will give the Claimant at least one month from the date of the Certificate (depending on the timings) to issue a Claim Form ET1.

Expert:  Ed Turner replied 14 days ago.

I hope that you are satisfied with my reply.

I wish you all the very best in resolving this matter.

Kind regards

LawyerEd