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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73826
Experience:  Qualified Solicitor
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Thank you. I have a disciplinary hearing part 2 where they

Customer Question

Thank you. I have a disciplinary hearing part 2 where they are going to give their decision, I have worked for this very large organusation for 3.5 years, with expemplary appraisals. I made a mistake checked and realised i had duplicated a works order for a contractor and approached my manager to say yes, I've made a mistake. They suspended 9 weeks ago, pending invesitatgtion, 3 weeks of which the investigator was on leave 2 weeks and 1 week after he returned compiling his report. Theyve dug up 3 other mistakes going back to october 2020..I have done the orders but due to enormous pressure, mitgating circumstances, due to a big merger their processes kept changing. There has been no risk or loss to the business. The person who approved the 2 duplicate orders and other 3 is the person who has instigated this investigation. She has done this before using the same investigator, people leave or are hounded out it appears if your not one of them. It wasnt a merger it was a take over. Can they dismiss me on the spot today and not pay notice period? I would want a standard reference too. My ex manager who did the approving before said this would never have reached this stage with her. She left September as had enough of the senior management ways. Sorry if this is garbled, it's been very stressful but i havent taken sick leave, i did consult with my gp when the woman instigating decided she was chairing the hearing 2 weeks ago with a note taker, both have been citied in my interview and therefore told them it was inappropriate to have them. They changed it to another chair who I have worked with..and the note taker a senior surveyor who i sat next to prior to merger and we worked really well together and get on. So that was awkward. I was told by the investigator the hearing would be chaired by an unknown manager and note taker, its a very large organisation. My role Property Admimistrator. Can you please offer me advice on notice period payment and appealing if that is the outcome, going by the way they operate itll be dismissal. I asked they indicate the decision so I can prepare, they didnt just rearranged with new chair and note taker as above. Thank you.
JA: Have you discussed the disciplinary action with a manager or HR? Or with a lawyer?
Customer: I have a union rep but he can only support, not spoken to anyone else
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: 3.5 years employed fulltime
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think there's anything at the moment. Its very harsh the action she has taken and i think the sanction will be extreme
Submitted: 7 days ago.
Category: Law
Expert:  Ben Jones replied 7 days ago.

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.

Customer: replied 7 days ago.
Hi Ben, ok
Expert:  Ben Jones replied 7 days ago.

Can I just check if you received a new contract when the company was taken over?

Customer: replied 7 days ago.
Hi Ben, the disciplinary hearing is today at 3pm. If you could reply to my message here that would be good for now?
Expert:  Ben Jones replied 7 days ago.

Can I just check if you received a new contract when the company was taken over?

Customer: replied 7 days ago.
Was tuped across, signed new contract 1.3.20 but said continuous service
Customer: replied 7 days ago.
Started 8.1.21 with hanover then merger with anchor housing
Expert:  Ben Jones replied 7 days ago.

OK thank you. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 7 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. To be able to dismiss you immediately on the spot and without notice, they would need to show that you were guilty of gross misconduct, something so serious that it justifies immediate dismissal. What you did appears to be a case of negligence, rather than serious misconduct. I would very much hope the employer does not look at it as gross misconduct to try and justify the dismissal for that and not give notice.

If they decide to dismiss without notice, you would be able to challenge them on the basis that this should only happen in gross misconduct cases and considering what happened here, it should not be treated as such,

If you had to then challenge them further, you would be seeking a claim for wrongful dismissal or breach of contract to try and recover the pay due to you under the notice period.

Expert:  Ben Jones replied 7 days ago.

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.

Customer: replied 7 days ago.
Ben, they've dismissed me, 2 gross misconduct points (that i flagged with my manager) 3 other things they dug into are not proven. 1 last one..final warning. Its a travesty of justice. Do you do no win no fee?? Thank you, ***** ***** its like you said negligence but due to extreme pressure from others to get the orders on for. They didnt interview the Surveyor, he caused the initial duplication of an order. The regional asset investment manager (new to our new team oct 2020, but worked in the organisation prior) the ex RAIM who is a personal friend left last Sept due to senior management and the lack of clarity on processes, as its been for me)...its total fabricated nonsense, the business hasn't suffered. The RAIM ST, had in for me when she came into the team. So yes I am definitely appealing, more on principle. Do you do 'no win, no fee'??? I honestly think from all I've read i have a good case for unfair dismissal on a few legal levels. I of course need legal help. Narinder
Expert:  Ben Jones replied 7 days ago.

Hi, I am sorry to hear about this. Unfortunately we do not do any representation as we are an online chat service only. You will have to search around for a no win no fee solicitor But also remember that the Employment Tribunal claims process is free to start with and you do not need a lawyer to make a claim and a lot of people claim themselves.

For now it is a case of appealing fist and then you need to approach ACAS to start the early conciliation process