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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50511
Experience:  Qualified Solicitor
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I am a General Manager for a very well known restaurant

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HelloI am a Ass General Manager for a very well known restaurant group
I have been called to a disciplinary meeting for a very grave accusation ( which I am innocent ) and as this might lead to a dismissal I am trying to prepare to this meeting in best possible wayCan I refuse to go to the meeting if I do not receive the required documentation 48 hours before the meeting ?

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

How long have you worked there for?

Customer: replied 11 days ago.
since September 2016 , so about 20 month
and I am still employed as we chat as my disciplinary hearing is on the 17th May
Customer: replied 11 days ago.
at this early stage I do not want to spend £45 for a call , i hope you understand

OK thank you for your response. Leave it with me for now and I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Many thanks for your patience. There is no specific law which states that you must be given documentation regarding a disciplinary at least 48 hours before the hearing. The employer needs to give you reasonable notice to prepare but nothing in specified in law in relation to that. Also there is another complication in your situation – the lack of proper notice will only mean that the disciplinary and potential dismissal are procedurally unfair. However, you can only challenge procedural unfairness if you have more than 2 years’ service with an employer.

In fact, 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. This means that your employer can dismiss you 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

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 in breach of contract. That could happen if you were not paid your contractual notice period (unless you were dismissed for gross misconduct) or the employer had not followed a contractually binding dismissal procedure. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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