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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49868
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have left you a positive rating Ben. As it's an invitation

Customer Question

I have left you a positive rating Ben. As it's an invitation to an investigatory meeting my suspicion has been aroused as to the tariff of potentially 'serious misconduct' before the investigation has commenced. I also received the email with very little notice.
I have a strong suspicion there is the motivation to attain a Gross Misconduct verdict if they can before the 3 year contract is honoured?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Have they said what the specific allegations are?

Customer: replied 1 year ago.
No they were non specific. As you can see, the invitation to attend the investigatory meeting doesn't elude to why (tone, content or context of the email). It also seems to quickly skip the process and suggests that this meeting may lead to serious misconduct. I would have anticipated it to read something along the lines of;
The findings of this investigatory meeting may lead to a disiciplinary hearing where action maybe taken that leads to......
Furthermore, I was sent the email at approx 11.30am the day prior to the hearing whilst on my way to our Leicester head office, where I was sat for four hours as the Trading meeting I'd been invited to... I now know was cancelled which meant I arrived home at 8pm with very little time to prepare?
Customer: replied 1 year ago.
Are you still there?
Expert:  Ben Jones replied 1 year ago.

Hi there, sorry I was offline by the time you had replied earlier. I would agree that they seem to have already kind of made up their mind because it is the outcome of the investigation that should determine what allegations you may face, it should not be predetermined. Usually such language is used before a formal disciplinary, where the allegations are already known following investigation and the employee is told that if found guilty, then it would amount to serious misconduct. Still, you need to allow the employer to investigate and deal with this as they see appropriate. If things appear not as they should be or unfair, then you can challenge the, along the way. You have the grievance option first, then you can appeal any dismissal decision, then as mentioned there is the breach of contract claim for unfair early termination of a fixed term contract.

As to times for preparation there is no minimum time required for notice before an investigatory meeting. Potentially you can be asked to attend with no notice because you are not expected to prepare any defence or similar, you just have to provide factual information and answer questions, the answer to which you should know from the top of your head or from reference to documents they have provided.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.