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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73529
Experience:  Qualified Solicitor
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I have a disciplinary hearing tomorrow at work as i made

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Hi i have a disciplinary hearing tomorrow at work as i made racist comment that was not aimed at anyone or ment to offend anyone it was a slip on the tongue
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: It was with a manager i have been suspended till tomorrow there was no intent to offend anyone at all will i get sacked
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: im a full time employee we do not have a union
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Ben Jones and other Law Specialists are ready to help you
Customer: replied 15 days ago.
I have worked for the company for 8 years and have a clean record

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

Alleged misconduct is a common reason for taking disciplinary action against an employee. It could be either due to a single serious act, or a series of less serious acts over a period of time.

In order to justify that disciplinary action on grounds of misconduct is fair, the law requires that the employer does the following:

- Conducts a reasonable investigation;

- Follows a fair disciplinary procedure; and

- Shows they had reasonable grounds to believe the employee was guilty

In addition, the employer is expected to follow the ACAS Code of Practice on Disciplinary and Grievance procedures, which can be incorporated into their own disciplinary policy. It sets out various steps along the process which the employer has to follow to ensure the process is fair.

The main requirements for a fair disciplinary procedure can be summarised as follows:

1. Investigation – the employer must conduct a reasonable investigation first. This could include interviewing the employee or other witnesses who may have relevant information. What is reasonable depends entirely on the circumstances and the nature and seriousness of the allegations. The more serious or complex these are, the more detailed the investigation needs to be. Conversely, simple matters will only require a simple investigation which can be completed in a day. The employer is not legally required to provide full details of the allegations prior to an investigatory meeting taking place.

2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing to answer these allegations. They must be given reasonable notice of the hearing, together with details of the allegations and any evidence to be used against them. They have the legal right to be accompanied at the hearing by a trade union representative or a workplace colleague.

3. Decision - following the disciplinary hearing and once the employer has had a chance to consider the employee’s response, they can make a decision on the outcome. If the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally penalise them.

4. Penalty – this has to be a decision, which a reasonable employer would have taken in the circumstances. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence, any mitigating factors and the employee's length of service and disciplinary record. Other aspects, like expressing remorse and apologising and there being evidence the issues were innocent or unintentional should also help to a degree. Unless the offence was one of gross misconduct, ACAS recommends that the employee is issued with a written warning for a first offence.

In summary, the requirements of proof are not as stringent as in criminal law and an employer is not expected to prove beyond reasonable doubt that the alleged misconduct had definitely occurred. A decision on the balance of probabilities will be sufficient and disciplinary action will be fair if the employer can show that it had met the above criteria, namely conducting a reasonable investigation, following a fair procedure and holding a genuine belief that the employee was guilty. Finally, it must show that the penalty was one that a reasonable employer would have taken in the circumstances.

If there is evidence that the employer has not followed a fair procedure as outlined above, the outcome can be formally appealed with the employer. If the disciplinary results in dismissal then a claim for unfair dismissal can potentially be made in the Employment Tribunal. There are two main requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the official date of termination.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.