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Patch Law is a law firm authorised and regulated by the Solicitors Regulation Authority.
It may be reasonable for your employer to suspend you on full pay, depending on the nature and seriousness of the allegations and to enable a full investigation to take place. You may be required to have an investigation meeting: this may happen before or after any suspension. The employer is not obliged to give advance notice or this or provide full information, documents or other evidence at this stage.
If your employer decides that there is a case to answer, and assuming your employer is complying with the ACAS Code of Practice (and it should!), then you will receive a letter prior to a Disciplinary Hearing setting out the allegations against you. They should also supply the evidence that will be relied on and letting you know the possible outcome of the hearing, for example a particular level of warning or dismissal, depending on the seriousness of the allegations and whether you already have unexpired warnings on your file.
The most serious allegations may be regarded as ‘Gross misconduct’. This may result in summary dismissal (termination of your employment without notice), but this should only happen after a hearing at which you have had an opportunity to understand the allegations and evidence and to state your case.
Your employer may think you are not doing your job well enough. Depending on the employer, this may be dealt with under the disciplinary procedure or a performance management or capability procedure. Disciplinary ‘warnings’ are sometimes called ‘cautions’ in a performance procedure. The employer’s complaints about inadequate performance may or may not be justified, and may depend on whether you have received sufficient training, and whether you have sufficient resources and support to fulfil your duties, some of which may not be within your control.
Sickness absence, whether several short absences or a longer term single period of absence, may trigger a formal meeting under the employer’s attendance/absence management procedure. A few employers use their disciplinary procedure, although recognising that sickness absence, unlike misconduct, is not an employee’s fault.
Nonetheless, ‘capability’ (which includes ill health as well as performance) is a potentially fair reason for dismissal. A long term condition may be regarded as a disability, triggering the employer’s ‘duty to make reasonable adjustments’ under the Equality Act 2010.
Our experienced solicitors are well-placed to advise you on your particular circumstances. We will give you honest, impartial advice about your situation, including letting you know at an early stage as to the strength or weakness of your position.
If there is time, taking advice from us as soon as you know that you will be facing a disciplinary hearing can be very beneficial , so that you can be best equipped to prepare and deal with the hearing.
We can help you:
If you have already been dismissed, you may have one or more claims that you can take to an Employment Tribunal, including Unfair Dismissal, and we can advise you on the merits of these and how to take the matter forward.
If you need help with an employment law issue then please don't hesitate to contact us. An initial enquiry is free and without obligation.
Call us on 0117 290 0905 or fill out the form below and we will contact you within 24 hours.
When your form is submitted you will receive an automatic email from Patch Law confirming receipt.
Brilliant, brilliant service. Gillian genuinely cared about the outcome, and was in regular contact to make sure things were going OK. She took great care to explain legal documentation to me in a way that made it easy to understand, and identified areas where I could get a better deal. Being made redundant is never going to be the nicest experience, but having Gillian on hand gave me confidence and made it much easier to deal with, demonstrably improving the final result. I wouldn't hesitate to recommend Patch Law to anyone in a similar situation.
Gillian is a great ambassador for 'what's fair' both legally and morally, within the workplace. She dealt with my situation quickly and efficiently. She clearly knows her stuff! I would highly recommend Patch Law.
I used Patch Law to help me with a Schedule of Loss needed for a Tribunal hearing They were very speedy about gathering all the info they needed and I had phone calls to clarify details. I felt supported and reassured and received guidance from Gillian as to where I might gauge any offer made to me by the Respondent. All in all a good experience in what has been a stressful time for me.
It may be reasonable for your employer to suspend you on full pay, depending on the nature and seriousness of the allegations and to enable a full investigation to take place. You may be required to have an investigation meeting: this may happen before or after any suspension. The employer is not obliged to give advance notice or this or provide full information, documents or other evidence at this stage.
If your employer decides that there is a case to answer, and assuming your employer is complying with the ACAS Code of Practice (and it should!), then you will receive a letter prior to a Disciplinary Hearing setting out the allegations against you. They should also supply the evidence that will be relied on and letting you know the possible outcome of the hearing, for example a particular level of warning or dismissal, depending on the seriousness of the allegations and whether you already have unexpired warnings on your file.
The most serious allegations may be regarded as ‘Gross misconduct’. This may result in summary dismissal (termination of your employment without notice), but this should only happen after a hearing at which you have had an opportunity to understand the allegations and evidence and to state your case.
Your employer may think you are not doing your job well enough. Depending on the employer, this may be dealt with under the disciplinary procedure or a performance management or capability procedure. Disciplinary ‘warnings’ are sometimes called ‘cautions’ in a performance procedure. The employer’s complaints about inadequate performance may or may not be justified, and may depend on whether you have received sufficient training, and whether you have sufficient resources and support to fulfil your duties, some of which may not be within your control.
Sickness absence, whether several short absences or a longer term single period of absence, may trigger a formal meeting under the employer’s attendance/absence management procedure. A few employers use their disciplinary procedure, although recognising that sickness absence, unlike misconduct, is not an employee’s fault.
Nonetheless, ‘capability’ (which includes ill health as well as performance) is a potentially fair reason for dismissal. A long term condition may be regarded as a disability, triggering the employer’s ‘duty to make reasonable adjustments’ under the Equality Act 2010.
Our experienced solicitors are well-placed to advise you on your particular circumstances. We will give you honest, impartial advice about your situation, including letting you know at an early stage as to the strength or weakness of your position.
If there is time, taking advice from us as soon as you know that you will be facing a disciplinary hearing can be very beneficial , so that you can be best equipped to prepare and deal with the hearing.
We can help you:
If you have already been dismissed, you may have one or more claims that you can take to an Employment Tribunal, including Unfair Dismissal, and we can advise you on the merits of these and how to take the matter forward.
If you need help with an employment law issue then please don't hesitate to contact us. An initial enquiry is free and without obligation.
Call us on 0117 290 0905 or fill out the form below and we will contact you within 24 hours.
When your form is submitted you will receive an automatic email from Patch Law confirming receipt.
Patch Law is a law firm authorised and regulated by the Solicitors Regulation Authority under SRA number 572782.
© Copyright 2019 Gillian Patch, trading as Patch Law, or original authors. All rights reserved.
Patch Law Privacy and Transparency Notice
Complaints
Site design: StanfordGraphics
Patch Law is a law firm authorised and regulated by the Solicitors Regulation Authority under SRA number 572782.
© Copyright 2019 Gillian Patch, trading as Patch Law, or original authors. All rights reserved.
Patch Law Privacy and Transparency Notice
Complaints
Site design: StanfordGraphics