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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.
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
Thank you. What is the disciplinary for?
And what do you specifically want to know about this?
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.
I think you have a separate thread for that concern, please reply on there