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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
Satisfied Customers: 4728
Experience:  Dual qualified Solicitor and Attorney
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I am facing disciplinary hearing charged with alleged gross

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I am facing disciplinary hearing charged with alleged gross misconduct and am afraid the company wants to get rid of me by any means and would choose summary dismissal as they seem. I am analysing my options and would like some further help from you.

Hi thank you for your message.

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 ***** ***** 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 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.

Customer: replied 6 days ago.
Thank you.
I will follow al points you have recommended.
There is another aspect.
My state of health is gradually deteriorating and I am worried in regard to Covid-19.
What if om the morning of the day of the hearing I would have symptomps of Covid-19 and as instructed by my GP for such a eventualiity I would have to go for a 7 or 14 day self-isolation and send an official NHS confirmation note? Would employer have to respect it and wiat until I am fit to take part or they have the right to hassle me to attend the over-internet meeting? Can I disregard such demands?

You would need to inform them as soon as possible and then they should defer the meeting until you can participate. 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.

Customer: replied 6 days ago.
Following my possible unfit to work period and my inability to take part in the discplinary I have a company pre-approved annual leave to take which I want to you use in order to fully rest and recover. Do they have to honour this and postpone the hearing until I am back at work or do they have the right to set a date during my holiday?

Hi thank you for your message, they should honour the holiday. 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.

Customer: replied 6 days ago.
I fear they already reached decision to fire me, to get rid of me becuase of my old contrtact which they have to respect.
I wull be trying to defer the disciplinary until my come back from annual leave.
What if they decide to dismiss me in my absence?

Then you can bring legal action for unfair dismissal or some other basis depending on the circumstances. 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.

Customer: replied 6 days ago.
I am also considering quitting.
If have done it, for my poor health reasons, and found another job even before quitting, would the disciplinary hearing and gross misconduct charge cease to be?
Can I quit with immediate effect?

You should resign with your notice period but if you are sick then there is not much that can be done about that. Also there is no point continuing with disciplinary when you are leaving. 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.

Customer: replied 6 days ago.
Could you hava a glance at the leter I received by email with their evidence i.e. some statements in connection?

Hi thank you for your message, if you think they want to get rid of you then it seems unlikely to make much difference. Resigning is likely to be your best bet. 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 4 other Law Specialists are ready to help you
Customer: replied 6 days ago.
I appreciate your hlep and will rate you highly. Take care Jeremy.

Thank you for the rating much appreciated.