How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61826
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

In February my partner was going through some difficult

This answer was rated:

Hi, in February my partner was going through some difficult times with his family and had quite a few drinks one Saturday night. He sent out a “gif”funny joke to a lot of people including some work colleagues, both male and female, 3 of the females took offence and reported him, by this time he was signed off from work by his doctor due to mental health and stress issues. The disciplinary procedures started in February/March, my partner was then told him May his contract was being terminated due to long term sickness and this ended on 23rd June, he was paid a compensation pmt as part of the process for terminating due to long term sickness. He has now been told he must attend a disciplinary meeting on 5th August where the decision maker will decide if he is to be dismissed for gross misconduct. Does he have to attend this meeting given he is no longer an employee? He has already been dismissed so how can they consider dismissal for gross misconduct? Can they take any action now that his contract ended in June
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: His manager terminated his contract for sickness after speaking to HR and following the sickness process but not discussed it with a lawyer, he has a union rep who has been dealing with this for him
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: He is now unemployed
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I’ve already gone through this part and was waiting to be connected, I paid the £5 fee and was waiting to speak to a lawyer when you came onCustomer: I’ve already done this and paid the fee

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

How long has he worked there for?

Customer: replied 4 months ago.
Since July 2002 so about 17yrs
Customer: replied 4 months ago.
I don’t have time right now, I’ll be free on Wednesday

So the employment officially terminated then and he was not being placed on garden leave or going through a notice period still?

Customer: replied 4 months ago.
That is correct, he was given his notice and the notice period ended on 23rd June, he was still off sick up to the 23rd June

Thank you. Now that his employment has officially terminated, he has no obligation to answer to them and if they are asking him to attend a disciplinary or answer any allegations about his time with them, he has no legal obligation to do that. They also cannot retrospectively dismiss him for another reason different to the one they initially used. Therefore, they cannot now change their mind and state that they are dismissing him for gross misconduct instead of capability due to sickness. He can very simply state that he is no longer their employee and as such has no further obligations towards them or to answer any allegations from them

Does this answer your query?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 4 months ago.
Thank you, ***** ***** does answer my query. It is exactly what we thought too, so has been really helpful

All the best