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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 1827
Experience:  Dual qualified Solicitor and Attorney
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I have received an email from my employer about attending a

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Hi, I have received an email from my employer about attending a disciplinary hearing. The likely outcome of the hearing is dismissal and the need to pay back liquidation damages. The hearing has been called to consider alleged Gross Misconduct.
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: No I haven't
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I'm also at university and this employment is part of my placement year. The uni has a contract with the company too.

Hi, I am sorry to hear about your situation. I can help you with this matter. Firstly, although I understand that this situation is very distressing for you I would like to reassure you that in the disciplinary hearing your employer will need to give you the opportunity to explain your side of the story. Therefore this meeting must take place before any disciplinary action is taken. It is important that the letter inviting you to the disciplinary hearing should set out a reasonable place and time for the hearing and should invite you to be accompanied at the hearing. I would strongly recommend that you bring someone to the meeting such as a union member or a colleague you trust to ensure that all matters discussed in the meeting are properly documented. Moreover, the letter asking you to go to the meeting should give you enough information to know why the employer has invited you to the meeting. They should also give you enough time to consider the allegations in the letter and to find evidence in support of your case. If your employer has not given you any evidence you should ask them for it. If they have given you evidence and you need more time to consider the evidence against you, you should ask for the meeting to be postponed so you have extra time to prove your case. The amount of time you ask for should be reasonable. To prepare for the meeting I recommend that you:

1) make sure you know the case against you and the evidence for it

2)make sure you are prepared- have your own evidence and list of points you want to raise

3)find a companion to take to the meeting- make sure to tell your employer you want someone to come with you. Although they should have given you this option in their letter. You should bring a colleague you trust or a trade union representative. For more information on who you can bring to the hearing please visit: https://www.citizensadvice.org.uk/work/problems-at-work/disciplinary-meetings/who-can-accompany-you-to-a-disciplinary-meeting/

Moreover, you will need find out if your employer has a disciplinary procedure, check that they are following it. If they do not, check that they are following the Acas Code of Practice.Make sure the procedure is being followed. If it isn't, you should point this out to your employer. It could mean that any decision they make is unfair.

In regards to your evidence, if anyone could support your case, you should ask them if they would be willing to give evidence for you. If they are happy to give evidence, it's a good idea if they can prepare a statement or a note of what they will say so that they don't forget anything.

I wish you the very best in this matter. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and 6 other Law Specialists are ready to help you
Customer: replied 7 days ago.
If they do conclude a dismissal. Is there are any way of not paying back the liquidation damages?

Hi thank you for your message, not that I can think of no I am afraid.

Customer: replied 6 days ago.
So I start work on 7th January but signed the contract on 13th May. This is because I did not agree with the terms on the contract. I planned to leave the company not only because of the contract but also because I was not getting on well with the manager. I applied to another company, got accepted and had a new contract drafted which I was ready to sign.

However, I am a uni student and this employment term is part of my placement year. I needed permission from my university to accept the new role. When I told the university about my situation, they said if I was to accept the new role, it would essential mean that I was withdrawing myself from the university degree. Now I had no choice but to stay in the initial company and sign the contract.

The reason for hearing is because I did not complete enough "competencies" before 8 months of working there. I know that this is because of the lack of support the company has given me. I was also never aware I was under investigation. Although I've had a few meetings with the regional assistant manager I was never told that they were investigation meetings. It was all very abrupt.

What rights do I have to still change to a different company without owing my current employer for the liquidation damages? Or what legal rights do I have now?

Hi thank you for your message, it is likely that any answer to that question is likely to require extensive analysis of the documentation around the course and the placement, as well as engagement with this employer. Therefore, I recommend you go to a law clinic where you may be able to obtain pro bono (free) legal advice.

Customer: replied 5 days ago.
I’ve been able to postpone my disciplinary hearing as I requested more time to arrange a representative to attend with me.

My employed asked to let them know when me and my representative will be ready (without giving a specific date).

How long are they legally required to give to to arrange a representative and “rebook”?
Customer: replied 5 days ago.
How much more time am I allowed to ask for?

Hi thank you for your message, there is no set time frame as in essence it is what is reasonable therefore, it is subjective how much time you think you need but weeks rather than months would be considered reasonable.