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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 52055
Experience:  Qualified Solicitor
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I have been suspended from work. I believe I have gained

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I have been suspended from work. I believe I have gained enough material evidence to clear myself. I believe the disciplinary procedure that I have had confirmed by hr that applies to me, does not, and has been followed incorrectly. I have less than 2 years service, however I feel that the investigation carried out into the allegations has been bogus. They are a multinational privately owned company.

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

What do you specifically wish to know about this please?

Customer: replied 1 year ago.
For Ben jones. Hi Ben. I work for Manchester airports group. My place of work is stansted airport. The disciplinary procedure sent to me says " this disciplinary procedure applies at Manchester, Bournemouth, and East Midlands airports. No mention of stansted, although there are clear differences in the procedure. Also it has not been updated since 2012. Stansted was purchased in 2013.

Does STN have its own procedure?

Customer: replied 1 year ago.
They have a procedure that applies to stansted airport Ltd employees yes. This was sent to me first and then the mag policy was sent as the first 1 was in error.

Is the procedure part of your contract?

Customer: replied 1 year ago.
The contract points to the disciplinary procedure on the mag interchange. Assuming this is the same.

Thank you. The main issue here is going to be your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal or constructive dismissal . This means that your employer can dismiss you or force you to resign for more or less any reason, and without following a fair procedure, as long as their decision is not based on a reason which makes a dismissal automatically unfair. These include:
• Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)
• Taking, or trying to take, leave for family reasons including pregnancy, maternity leave, paternity leave, adoption leave, childbirth and parental leave
• Making a protected disclosure (i.e. whistleblowing)
• Being a part-time worker

In the event that the reason for dismissal fell within any of these categories, the dismissal could be automatically unfair and there could also be a potential discrimination claim.

However, if the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it. In that case your only protection would be if you were dismissed without notice for example. So even if the employer relies on a policy which does not necessarily apply to you, that would be a procedural issue which cannot be challenged in the first two years of service.

I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the actual legal position. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service I have provided regardless of the contents of the answer, I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars above. Thank you

Customer: replied 1 year ago.
Thanks Ben, clarification certainly helps. If dissatisfied with the decision after appeal, what are the options?
Not many unfortunately. You cannot take this to tribunal so once the internal appeal process is exhausted that would be as far as you can take it
You can consider a grievance but hays still just an internal process
hays = that's
Customer: replied 1 year ago.
I can prove whistleblowing 3 days before suspension on my part.
What does it relate to?
Customer: replied 1 year ago.
I told my boss that the other 2 man team had not performed any work that week, he ignored and when confronted the other team member used bullying and fraud to deflect

I don't see how this is whistleblowing I'm afraid it does not meet the legal criteria of a protected disclosure to qualify as whistleblowing.

Customer: replied 1 year ago.
what does amount to whistleblowing?

Reports about criminal offences, health and safety violations, miscarriage of justice or attempts to cover up any of these

Also the alleged violations must be in the public interest

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Ben

You are most welcome