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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49819
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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there, I have a disciplinary blocking of a fire

Customer Question

I have a disciplinary blocking of a fire exit in a very small store room, as I was very busy I had no option in the matter.
Also been late and not manning the desk hours as I was very busy upstairs, I was working as a Night manager during that time.
Where do I stand with this
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. How log have you worked there for?
JACUSTOMER-s1mkzlld- : Nearly 2 years ben
JACUSTOMER-s1mkzlld- : again
JACUSTOMER-s1mkzlld- : What do u think
JACUSTOMER-s1mkzlld- : Are u there
JACUSTOMER-s1mkzlld- : Are u there Ben
Ben Jones :

Apologies slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue - I just need to know exactly how long you have been there? When did you start the job?

JACUSTOMER-s1mkzlld- : there,
JACUSTOMER-s1mkzlld- : I have there since July 2013
JACUSTOMER-s1mkzlld- : Sorry connection, I have been there since July 2013
JACUSTOMER-s1mkzlld- : About 1 year 6 months
JACUSTOMER-s1mkzlld- : again
JACUSTOMER-s1mkzlld- : Are u there
JACUSTOMER-s1mkzlld- : there
Ben Jones :

Misconduct is a common reason disciplinary action and it is also a potentially fair reason under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time.

In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:

  • Conducts a reasonable investigation;

  • Follows a fair disciplinary procedure;

  • Has reasonable grounds the employee was guilty; and

  • Show that dismissal was a decision that a reasonable employer would have taken in the circumstances.

However, your rights will be rather limited because if you have been continuously employed at your place of work than 2 years then you will not be protected against unfair dismissal. This means that your employer can dismiss you or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So regardless of whether you were innocent or had a defence to your actions, if the employer believes you were in the wrong, they can legally dismiss you and you cannot challenge their decision because you do not meet the minimum requirements. So all you can do is to tell them exactly what happened, why you acted in the way you did and hope they accept this as a valid defence.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Ben Jones :

, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? I just need to know whether to close the question or not? Thanks