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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 73959
Experience:  Qualified Solicitor
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What can you do if your employer is mishandling a

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What can you do if your employer is mishandling a disciplinary procedure?
JA: Was the disciplinary action discussed with a manager or HR? Or with a lawyer?
Customer: Just the line manager, that is the only person who is handling it. The initial meeting was back in February but there has been no time frame given, goals to work towards or any follow-up meetings/emails since 15 February.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: Employees.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: There were many things brought up in the grievance, but some went as far back as almost a year ago and the employee no longer dealt with that when the disciplinary was started in February.

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?

Customer: replied 16 days ago.
No the employee is not currently suspended but is under a performance review. They only had a meeting about it in February (15th) but no follow-ups have occured since though apparently the manager has been keeping notes of issues but not talking to the employee about it and only now having a follow-up about it next week. No time fram has been given on any of the steps, nor any goals to work towards.
Customer: replied 16 days ago.
I don't have £44 to pay for a phone call.
Customer: replied 16 days ago.
The employee has also worked with the company for almost 9 years.

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.

Customer: replied 16 days ago.
Thank you so much, just one thing. The manager is claiming that they never have to put a time frame on a disciplinary procedure therefore wants it to not end until he says so, and he is only just having the first performance review after several months without giving the employee a review plan. I just want to understand if what is doing is legal correct and if not, what needs to be done as this is distressing the employee in question. Thank you

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

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