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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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How long can an organisation delay a Disciplinary Hearing outcome

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How long can an organisation delay a Disciplinary Hearing outcome from the staff concerned ie communicate their decision following teh Disciplinary Hearing. If it is undue delay what action can the employee take other than to request a decision.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

about three year on a permanent contract of employment

Customer: replied 2 years ago.

3 years on a permanent contract of employmemt

First of all you should check if there is a company disciplinary policy in place which deals with the length of time within which the employer should communicate a decision. If no such policy exists then you may look at the ACAS Code of Conduct, which all employers are required to adhere to. The Code does not actually state a specific period within which a decision must be communicated though so this is very much open to the employer. However, it is generally accepted that it should be done within a reasonable period of time. As you can imagine that could be open to interpretation and will vary from case to case, depending on the nature of the allegations and their complexity. Usually a week would be reasonable but sometimes it may be a couple of weeks. Anything longer than that may become unreasonable, although it may be affected by other factors, such as if the person making the decision is available or if they are on holiday or sick leave. So if you believe the delay is becoming unreasonable you may eventually consider raising a formal complaint in the form of a grievance. However, you cannot force the employer to issue a decision and if this gets further protracted you cannot do anything that would guarantee a decision being made. So you will have to wait unfortunately, but still continue to put pressure on the employer as necessary. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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