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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been charged misconduct at work and this is

Customer Question

i have been charged for gross misconduct at work and this is my company wanting to get rid of me .i have worked for the company for twelve years and never had any thing against me ,my company is a sub contractors on a power station and have work there for sixteen years .My company have charge me on four accounts and i am due to go to the disciplinary hearing on Friday.
This is were things change the power station have heard about this gross misconduct charge and do not agree with it as it is that i have caught in the middle between the power station management and the sub contractor over a new four year contract,so they have investigated the allegation against me and have found no wrong doing .I want to know would i have a case for bulling or more.My company still do not now about the power station investigation as the power station also have to investigated just in case a law suit came about that would affect the power station .
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Is there someone in particular wanting to get rid of you, can you pinpoint this bullying to one or a couple of persons?
Customer: replied 2 years ago.
Trevor Giles Financial Director ,
Customer: replied 2 years ago.
It is a case of doing a to good of a job ,in which case the power station like and after twelve years i probably has one of the best CVs ever .i have take a gas fluid treatment plant which is near to its cell by date and got it working better that it was when it was brand new
Expert:  Ben Jones replied 2 years ago.
What are the allegations against you for which they are looking to dismiss?
Customer: replied 2 years ago.
my loyalty has been to the plant and that would mean to the power plant are employers aloud to charge a worker with out having the correct evidence and if i can prove this can i go further.And who would be able to help me do this
Expert:  Ben Jones replied 2 years ago.
You can be charged with misconduct based on whatever evidence is available to the employer. However, for them to be able to make a decision on whether to issue a warning or dismiss, they would need to follow a set procedure and satisfy a number of criteria. As you have over 2 years’ service you are protected against unfair dismissal. This means that to fairly dismiss you the employer has to show that there was a fair reason for dismissal and also follow a fair procedure. It does not mean that they cannot dismiss if there was no fair reason or they had not followed a fair procedure, but if they do then you can challenge this as being an unfair dismissal and make a claim in the employment tribunal. It is important to note that whilst you may have had an investigation done by the client, the employer does not have to place any reliance on it – they have to conduct their own investigation and show that it as a reasonable investigation as required by law. You can of course use any of the information or evidence obtained through the plant’s investigation in your own defence but cannot expect the employer to rely on it instead of their own investigation. This is your basic legal position. I have more detailed advice for you in terms of the exact procedure the employer must follow to be able to justify that the disciplinary was fair, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you