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Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.
I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.
I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.
I am sorry that you are facing a potential dispute with your brother defamatory statements that he issued to your brother but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.
When did you start work for the employer?
Yes, I know. When did you start work for the employer?
Yes, thank you I understand that point.
Thank you for confirming your start date. I will post my answer shortly.
Your employer may dismiss you fairly for your words and actions committed outside the workplace under the category of potentially fair reasons for dismissing an employee known as “some other substantial reason”.
For example, if you were convicted of murder and sentenced to prison for a crime committed outside your employment, your employer would be justified in dismissing you summarily without notice and without compensation as your conviction would make your continued employment impossible (frustration of contract) and would bring the employer’s name into disrepute.
Similarly, employers may dismiss employees fairly for publications the employee have made online and on social media (outside the workplace and that may have no direct effect on the employer) following a notification and complaint by another party on the grounds that the employee’s publications may have an adverse effect on the employer’s business reputation if they continue to be associated with the employee.
My recommendation for your impending disciplinary investigation hearing is to be as cooperative and as professional as possible and state your version of events and your response to their allegations of misconduct as well as you are able. Do not get angry or upset with your employers as they will only use it against you at a later date and you may say or do something that will prejudice your claim and damage your credibility in the eyes of the Tribunal. If it is a disciplinary hearing where the employer is contemplating your dismissal from employment, you have the right to be accompanied by a co-employee or a trade union member (but not a solicitor or other legal adviser) to observe the proceedings and take notes, but not actively participate.
As you have less than two years’ continuous service, and it looks like the outcome of the disciplinary meeting is a “foregone conclusion” and you will be dismissed from employment, I recommend that you offer a voluntary and mutual termination of your contract of employment on the best terms possible, including payment of your notice pay and provision of a factual and impartial reference to future employers. This will end the dispute amicably and you will not have a dismissal for incapability or gross misconduct on your employment record.
I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.
I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.
As you have not yet accrued the minimum two year minimum service to bring an unfair dismissal claim, your employers can dismiss you without reason and if they pay you PILON and other contractual benefits, you will have no further claims against them.
I have reviewed the social media post and do not think it is inflammatory or particular controversial. Your employer would be acting harshly if they gave this as the reason for dismissal.
Thank you for the positive feedback. I am delighted that you are satisfied with my reply and wish you all the very best in resolving this matter.
If you require further legal advice from me, please create a new text thread on the portal and start it with @EdTurner. I will be notified of your request and prioritise it.