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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75108
Experience:  Qualified Solicitor
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I would like to consult a unfair dismisal, manchester, be

Customer Question

JA: Hello. How can I help?
Customer: I would like to consult a unfair dismisal
JA: Where are you? It matters because laws vary by location.
Customer: manchester
JA: What steps have you taken so far?
Customer: be invited to a disciplinary action
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: in the investigation meeting, the investigator already claimed I will be fired
Submitted: 15 days ago.
Category: Law
Expert:  Ben Jones replied 15 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.

Expert:  Ben Jones replied 15 days ago.

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 as soon as I can. Thanks

Customer: replied 15 days ago.
totally 11 years
Customer: replied 15 days ago.
Hi Ben, this is Yidan
Expert:  Ben Jones replied 15 days ago.

Thank you. What is the disciplinary for?

Customer: replied 15 days ago.
the misuse of company time and the use of inappropriate defamatory language
Customer: replied 15 days ago.
but actually, I only use some nickname in Chinese
Expert:  Ben Jones replied 15 days ago.

And what do you specifically want to know about this?

Customer: replied 15 days ago.
on the last week, my manager hold an investigation meeting with me, he already told me I will be fired
Customer: replied 15 days ago.
is it a correct procedure?
Customer: replied 15 days ago.
Based on my understanding, the decision should only be made during the disciplinary meeting
Customer: replied 15 days ago.
Hi Ben, are you still here?
Expert:  Ben Jones replied 15 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Your understanding is correct hat the employer should not pre-judge the outcome of the disciplinary hearing and say that you will be dismissed before they have held it. After all, at the disciplinary hearing you have the right to defend yourself and the outcome could potentially depend on what you have to put forward and say about it. So the employer’s comments that a dismissal will be what happens can indeed suggest that any such dismissal will be unfair, although it is not a guarantee and there is still a chance for the employer to conduct a fair dismissal.

In the end, regardless of such comments, if the employer has followed an otherwise fair procedure and can still justify that dismissal was a reasonable response considering the allegations and the evidence, the dismissal can still be fair. You would not know whether that is the case until the decision has been taken and you know on what grounds that happened.

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. After that, 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.

Customer: replied 15 days ago.
The investigator is also involved in the original issue being investigated, is it fair?
Expert:  Ben Jones replied 15 days ago.

I think you have a separate thread for that concern, please reply on there