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Joy Nicholas
Joy Nicholas, Lawyer
Category: Law
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Experience:  Lawyer
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Today (Saturday) I have received a letter from my employer

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Today (Saturday) I have received a letter from my employer stating that they want to take me for a full disciplinary hearing next Thurs 14, I don't know what to do, can anyone help me please?
JA: Have they discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: Yes I believe they have a legal company dealing with it.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Just employees.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Shall I give you the reason they are stating or wait to tell someone else?
Hi, thank you for your message. Yes please briefly explain your case?
Joy Nicholas and 5 other Law Specialists are ready to help you
Customer: replied 3 days ago.
Hello Joy, I am currently off work from employer 1 (KN) for health reasons (Breast Cancer diagnosed this summer) with a full sick note until 13 November 2019 - I work there part time x2 days a week Thursday and Fridays. But I also work on a Sunday at employer 2 (N). I was using my sick note to not go into job 1 as felt I was unable to perform to my best, but I did go in to job 2 as it was only for 3 hours and it made me feel better about myself. Employer 1 allegation against me is that whilst in receipt of sick pay paid a full rate at their discretion I was working at job 2. I have been with job 1 for 11 plus years.
Customer: replied 3 days ago.
My landline no is 0113 286 6860
Customer: replied 3 days ago.
Do you think they have a case against me? I didn't think that I had done anything wrong, there is no conflict of interest with the 2 companies, they are on completely different days and completely different jobs in different industries.
They have also sent me a settlement proposal, which I think is terrible considering my length of service and state of health atm. They pride themselves as being a "Mindful Employer" with all the logos saying so, but I have not seen any evidence of this.
I am worried about not having enough time to prepare and what my rights are and having no representative, as I will be an emotional wreck. Please let me know what my rights are and what my next steps should be, thank you.
Customer: replied 3 days ago.
Sorry missed the phone call, I’m available now if any one is free to call me? Thank you
Customer: replied 3 days ago.
Hello, is anyone there for advice please?
Customer: replied 3 days ago.
No one has called me or emailed me my rights or options, I am unsure what to do!

Hi, thank you for your message. I am sorry to hear about your situaton.

1) 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

2) Check that your employer are following the ACAS Code of Practice (http://www.acas.org.uk/index.aspx?articleid=2174). The ACAS Code of Practice on disciplinary and grievance procedures gives practical guidance for handling these issues in the workplace. 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. ACAS' advice is that it is always best to resolve workplace disputes as early as possible.

3) Contact ACAS. The ACAS Helpline can give advice on internal processes and policies to help you through this (0300 123 1100).

4) If you’re in a trade union, they might be able to negotiate with your employer for you. If you’re not in a union, find out if there’s one at your workplace that you can join. You might find details in your staff handbook, intranet or on notice boards at work.
5) I would strongly recommend that you bring someone to the meeting such as a union member 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.

6) If you are not a union member, 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/

I hope this helps if you can please accept my answer, there will be a box to do so and give me a five star rating for answering your question top right corner of your screen and just answer will then credit me for helping you today.

Customer: replied 2 days ago.
Hello Joy, thank you for this information I will call ACAS tomorrow as they are not open on a Sunday.
Do you think I have a case for unfair dismissal, have I done anything which constitutes this??
Customer: replied 2 days ago.
Also, was I charged money for a phone call, as I didn’t receive one?

Hi, thank you for your message. I would appreciate if you can please accept my answer, there will be a box to do so and give me a five star rating for answering your question top right corner of your screen otherwise I receive no credit for helping you. I will then look into your other question.

In regards to the phone call charge you will need to contact customer services and they will reimburse you as I only answer questions on the law.

 

If you did not receive a call though you should be automatically reimbursed.

 

Customer: replied 2 days ago.
Could you please let me know the customer service number and there is no place for me to rate.
Customer: replied 10 hours ago.
Could you please send me your customer services telephone number, thank you