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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64817
Experience:  Qualified Solicitor
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I am invited for disciplinary hearing, no, employees, I

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I am invited for disciplinary hearing
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: no
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I accessed 2 website around weapons for googling defenition of it. Based on it I was suspended and asked for disciplinary
Customer: replied 9 days ago.
This is an invite. and investigation based on website access.
Customer: replied 9 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 9 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for your employer and what is your specific question in relation to this please?

Customer: replied 9 days ago.
1year 8 month
Customer: replied 9 days ago.
Potential outcome is dismissal. What is my chances to keep this place and not being dismissed

Thank you. The chances are very low assuming the employer has made a decision to dismiss you. The reason for this is that as you have been continuously employed at you 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 the decision is not based on a reason which makes a dismissal automatically unfair. These include:

{C}· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

{C}· Taking, or trying to take, leave for family reasons including pregnancy, maternity/paternity leave, parental leave, adoption leave or leave for dependants

 

However, if the dismissal had nothing to do with any of the above exceptions, 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 would usually happen if you were not paid any contractual notice period due to you (unless you were dismissed for gross misconduct, where no notice would be due). If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow you to work that notice period and pay you as normal, or they instead have to pay you in lieu of notice, where you are paid for the equivalent of the notice pay but your employment is terminated immediately.

 

So they could easily dismiss you, even if you had done nothing wrong, simply because you cannot challenge it. The best chance you have of avoiding dismissal is to apologise, explain why you may have been accessing these sites and hope that they accept your explanation and are willing to give you a second chance.

 

Does this answer your query?

Ben Jones and 4 other Law Specialists are ready to help you
Customer: replied 9 days ago.
Yes, thank you

All the best