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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.
Can I just check if the employee is currently suspended? and how long have they worked for this employer please?
OK I understand and thank you for providing this information. 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.
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. If it is believed that the employer is mishandling a disciplinary procedure there are a few options open to the affected employee:
They can officially appeal the outcome of the disciplinary once the final decision ahs been reached. The appeals process is part of the formal disciplinary procedure so the right to appeal should be given after the decision has been communicated to the employee
They can raise a grievance whilst going through the disciplinary process
If the outcome of the disciplinary is such that they are either dismissed, or forced to resign because they have lost trust in the employer, then a claim for unfair dismissal or constructive dismissal, respectively, can be submitted in the Employment Tribunal
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.
Hello, thank you for your further queries, I will be happy to answer these. In truth there is no specific time frame stated in law for a disciplinary and whilst the employer is expected to hold the formal meeting without unreasonable delay, any follow ups, such as timeframes for improvement etc are up to the employer. Still, if the delays become unreasonable and cannot be justified, that is when the employee can start thinking about challenging the employer