Disciplinary and Dismissal Procedures – for Employees


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Getting a Job

Generally, Freelancers and often Workers are not covered under these procedures.

Updated for 2014.

All Employers are required by law, as a minimum, to outline their disciplinary rules and procedures in an employees written statement of terms and conditions.  The written statement can refer staff onto the Employers full, written Disciplinary Policy which Employers (of any size) are advised to have, and which they should let employees have access to.

Employers do not have to follow a statutory disciplinary procedure any more but the 2009 ACAS code of practice on discipinary and grievance procedures sets out the basic principles that should be followed – see below.  (However, in Northern Ireland the statutory dismissal and disciplinary procedures has not been repealed and therefore still needs to be followed and the ACAS code of practice does not apply – the NI Labour Relations Agency has an equivalent code of practice that has been effective from 3rd April 2011).

Your Employer may have their own written Policy and this may be contractual (i.e. forms part of your contract) or not.

If your Employer has a contractual disciplinary policy but does not follow this your Employer will be in breach of contract.  If you are dismissed without your Employer following a contractual disciplinary policy you can bring a claim for breach of contract in a County Court or High Court, or wrongful dismissal (i.e. dismissal in breach of contract – regarding the notice period and loss of salary over the period in which the disciplinary procedure should have been followed) and unfair dismissal in an Employment Tribunal.  If you are dismissed before you have 1 years continuous service (or 2 years for employment starting from 6th April 2012) then you do not have a right to claim unfair dismissal but you may have the right to claim breach of contract if the situation above applies to you.  For more details on unfair dismissal see our article here on ‘how your employment can come to an end‘.

Your employer can call any employee to a disciplinary hearing if they think you have done something wrong (ideally they should talk to you informally first if the circumstances are appropriate).  Your employer will use the disciplinary hearing as a way of explaining to you what they think you have done wrong, ask for your side of the situation; at the end they will explain what improvement (or other outcome) there needs to be.

Employees have a legal right to request that a fellow worker or Trade Union official can accompany them to grievance and disciplinary hearings.  However,  following a recent 2009 Court of Appeal decision, that is still subject to Appeal (so ongoing), there may be certain situations where a qualified LEGAL representative may be able to accompany the employee at a disciplinary hearing – mostly where there is a contractual right to legal representation in regulated professions and the outcome of the hearing could deprive them of their right to practice their profession.

See our article here on the common mistakes that Employers make when holding disciplinary meetings.  In ‘Should Employers fear the office party‘ we look at problems that can occur at office parties and the steps Employers should take to handle this.  You can read our advice about using Social Media/networking and work here.

You can get advice, if you face disciplinary action, from your employers HR/Personnel department or a relevant manager, a union if you are a member, your local Citizens Advice Bureau (CAB), or by contacting ACAS on 08457 474747.

See our new article here about whether you can audio-record disciplinary meetings.

The previous Statutory Disciplinary and Dismissal procedures was repealed in April 2009 (not in Northern Ireland) and a new ACAS Code of Practice on Disciplinary and Grievance Procedures was introduced:
  • Therefore for all Disciplinary situations that happen after April 2009 the new Code provides practical guidance in dealing with them, but failure by Employers to follow the Code itself, no longer makes the Employer liable to Employment Tribunal proceedings.  However, Employment Tribunals will take the code into account and can adjust any awards for Unfair Dismissal an Employee may receive, up or down, depending if the Employee and Employer has followed the Code or not.

The details of the code are:

DISCIPLINE – Keys to handling disciplinary issues in the workplace

The Employer establishes the facts of each case

  • It is important for the employer to carry out necessary investigations of potential disciplinary matters without unreasonable delay to establish the facts of the case. In some cases this will require the holding of an investigatory meeting with the employee before proceeding to any disciplinary hearing. In others, the investigatory stage will be the collation of evidence by the employer for use at any disciplinary hearing.  For a misconduct dismissal to be fair an Employer has to show that at the time of the dismissal it believed the employee to be guilty of misconduct and that it had reasonable grounds for believing this, having carried out “as much investigation into the matter as was reasonable in all the circumstances”.
  • Employers should try not to rely on evidence from only one person/witness but look for other corroborative evidence if this is possible.
  • In misconduct cases, where practicable, different people should carry out the investigation and disciplinary hearing.
  • If there is an investigatory meeting this should not by itself result in any disciplinary action.  Although there is no statutory right for an employee to be accompanied at a formal investigatory meeting, such a right may be allowed under an employer’s own procedure.
  • In cases where a period of suspension with pay is considered necessary, this period should be as brief as possible, should be kept under review and it should be made clear that this suspension is not considered a disciplinary action.

And informs the employee of the problem

  • If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences (i.e. the outcome, any disciplinary sanction) to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification.
  • It should not be a surprise to the Employee later on that dismissal is a possibility.
  • The notification should also give details of the time and venue for the disciplinary meeting and advise the employee of their right to be accompanied at the meeting.

The Employer holds a meeting with the employee to discuss the problem

  • The meeting should be held without unreasonable delay whilst allowing the employee reasonable time to prepare their case.
  • Employers and employees (and their companions) should make every effort to attend the meeting. It can be common for employees to go off sick when they are suspended or asked to attend a disciplinary hearing, although this is not advised unless it is of course genuine.  An Employer does not need to delay, indefinitely, an employees disciplinary hearing because of sickness but should look at all the facts – they need to distinguish whether someone is fit to attend to attend the hearing and fit to submit a defence and understand the allegations made against them; and consider the reasons for the sickness and whether this is a short or long illness.
  • At the meeting the employer should explain the complaint against the employee and go through the evidence that has been gathered. The employee should be allowed to set out their case and answer any allegations that have been made. The employee should also be given a reasonable opportunity to ask questions, present evidence and call relevant witnesses.  They should also be given an opportunity to raise points about any information provided by witnesses.  Where an employer or employee intends to call relevant witnesses they should give advance notice that they intend to do this.
  • The Employer should be consistent in what it is accusing the Employee of and disciplinary sanctions should only be imposed in respect of allegations that have been properly investigated and bought to the employees attention.

And allows the employee to be accompanied at the meeting

  • Workers have a statutory right to be accompanied by a companion where the disciplinary meeting could result in a formal warning being issued; or the taking of some other disciplinary action; or the confirmation of a warning or some other disciplinary action (appeal hearings).
  • The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.
  • To exercise the statutory right to be accompanied workers must make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.
  • A 2013 Employment Appeal Tribunal case (Toal v GB Oils Ltd) ruled that employees exercising the statutory right to be accompanied at a disciplinary or grievance hearing are entitled to have present whomever they choose, provided the individual is a relevant union representative or work colleague.  Employers cannot refuse a particular companion on the grounds that their presence is ‘unreasonable’ – the ‘reasonable’ requirement does not extend to the identify of the companion.  This ruling contradict the Acas Code of Practice, which ACAS have since announced they will update.  An Employee can therefore be accompanied by the employee/rep of his/her choice.
  • The companion should be allowed to address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not, however, have the right to answer questions on the worker’s behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.

The Employer decides on appropriate action

  • After the meeting decide whether or not disciplinary or any other action is justified and inform the employee accordingly in writing.
  • Where misconduct is confirmed or the employee is found to be performing unsatisfactorily it is usual to give the employee a written warning. A further act of misconduct or failure to improve performance within a set period would normally result in a final written warning.
  • If an employee’s first misconduct or unsatisfactory performance is sufficiently serious, it may be appropriate to move directly to a final written warning.  This might occur where the employee’s actions have had, or are liable to have, a serious or harmful impact on the organisation.
  • A first or final written warning should set out the nature of the misconduct or poor performance and the change in behaviour or improvement in performance required (with timescale). The employee should be told how long the warning will remain current. The employee should be informed of the consequences of further misconduct, or failure to improve performance, within the set period following a final warning. For instance that it may result in dismissal or some other contractual penalty such as demotion or loss of seniority.
  • A decision to dismiss should only be taken by a manager who has the authority to do so. The employee should be informed as soon as possible of the reasons for the dismissal, the date on which the employment contract will end, the appropriate period of notice and their right of appeal.
  • Previous written warnings that are still ‘live’ may be taken account in the final decision to dismiss.  A Tribunal will look to see if it was reasonable for the Employer to treat the ‘new’ misconduct together with the ‘old’ (still live) warnings together, as a sufficient reason to dismiss.
  • Some acts, termed gross misconduct, are so serious in themselves or have such serious consequences that they may call for dismissal without notice for a first offence.  But a fair disciplinary process should always be followed, before dismissing for gross misconduct.
  • There are no national guidelines to determine what gross misconduct is – each employer will have behaviours which they will not tolerate at work, depending on the employer and the nature of the work and type of workplace.  The action must be so serious that it irrevocably destroys any trust and confidence on the employers’ part.
  • For a misconduct dismissal to be fair an Employer has to show that at the time of the dismissal it believed the employee to be guilty of misconduct and that it had reasonable grounds for believing this, having carried out “as much investigation into the matter as was reasonable in all the circumstances”.  The conduct itself must be sufficiently serious.
  • Disciplinary rules should give examples of acts which the employer regards as acts of gross misconduct. These may vary according to the nature of the organisation and what it does, but might include things such as theft or fraud, physical violence, gross negligence or serious insubordination.
  • Dismissal may not always be the right penalty for gross misconduct – Tribunals require that the employer consider whether or not dismissal for that misconduct is a reasonable sanction; does it fall within a range of reasonable options available to the employer.? Employers need to consider the mitigating circumstances – which are the employee’s explanation of their conduct, their length of service and previous disciplinary record, the employee’s usual conduct and behaviour, the consistency of treatment between employees and the effect of dismissal on the particular employee.  Other sanctions, short of dismissal, could be demotion, a final written warning with training and so on.
  • Where an employee is persistently unable or unwilling to attend a disciplinary meeting without good cause the employer should make a decision on the evidence available.
  • There have been several cases where the Tribunal looked at the appropriateness of using external HR Consultants during the disciplinary process where the Employer is small and does not have sufficient staff to hear the disciplinary/appeal/conduct the investigation/needs professional advice and Tribunals take the general view this is acceptable as long as it is made clear who makes the final decision to dismiss and they are made appropriately.

And provides employees with an opportunity to appeal

  • Where an employee feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision.  Appeals should be heard without unreasonable delay and ideally at an agreed time and place.  Employees should let employers know the grounds for their appeal in writing.
  • The appeal should be dealt with impartially and wherever possible, by a manager who has not previously been involved in the case.
  • Workers have a statutory right to be accompanied at appeal hearings.
  • Employees should be informed in writing of the results of the appeal hearing as soon as possible.

It is also important that clear records are kept of the whole disciplinary process.

Image by Omar Gurnah

If you are an Employer and need ongoing professional help with any staff/freelance issues, or a Contractor/Freelancer/Employee with a complicated employment related problem, then talk to Lesley at The HR Kiosk  – a Human Resources Consultancy for small businesses – our fees are low to reflect the pressures on small businesses and you can hire us for as much time as you need.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.


  • Staceyhayes2

    i want to know if an investigatory meeting is allowed to be carried out in a busy bar area where that person works? this investigatory had a note taker and i was told it was a back to work interview, where other issues were discussed. this has resulted in a disciplinary. 

  • Lesley Furber

    hi Stacey, can you e-mail me with more details please, at workline@freelanceadvisor.co.uk.  Thanks, Lesley, Workline

  • Sbhdiens

    I have a friend and something happened at her work just over a year ago and she told the employer about this at the time it happened.  Now a year later the employer / employee relationship has deteriorated and  the employer has decided he may think about a disciplinary for this misconduct after a years gap.  It is more about getting back at her. Is this allowed after such a long time especially as he knew about this happening a day or so after it happened.  Is there not a time limit?

    • Lesley Furber

      hi, thanks for your comment.  There is no time limit in law, but it has to be reasonable and a year later is definitely not reasonable especially if she has done nothing since that could be subject to a disciplinary hearing.  If she is called to a disciplinary hearing then I would advise her to attend to explain her side of the story; but also, if she wanted to, to put in a grievance about the length of time involved before the disciplinary was called, on the basis that it is an unreasonable length of time.  Hope that helps.  Regards, Lesley, Workline

  • wizza

    Please can anyone help me??
    I would like to know if i am intitled to know the results of a disaplinary investigation of a teacher that inaproperatly touched my child?
    The investigation was carried out inturnally at the school, and i was told initally that i was not alound to know the results (by the head master) but since been told that i should have the right to know?? 

    • Lesley Furber

      hello Wizza, thanks for your message.  I’m afraid I can’t help you as I’m sure schools will have their own policies about who can be told what in these circumstances but it’s not something I’m familiar with.  Would it be worth contacting you local council education department to ask them? Good luck.  Regards, Lesley, Workline

  • Confused

    Hi
    I wonder if you can give me some advice I went into work as normal yesterday and aprox 1 hour into my shift my manager came over to me and said ‘can I have a quick word mate’ I followed him into the office where he and another manager were sat with some paperwork and Said to me they have listen to 2 calls from Thursday and the info on the forms do not Match the information on the call recording can I explain I didn’t have a answer as I was quite shocked at what was happening they then said I have put the company at risk they then shouted at me for what felt like forever then told me I was being sacked and to collect my belongings and leave.
    I was not told anything about this before I sat down in the room is this allowed
    I was a payment protection insurance claims advisor, I don’t know of that makes a difference to what they have done

    Confused

    • Lesley Furber

      hi Confused, thanks for your message.  Basically, no, your Employer must follow a fair procedure before they can sack you and should tell you in writing, in advance, if you are being called to a disciplinary hearing to investigate some part of your conduct.  The point of a disciplinary hearing is that you too should be able to put your side of the story over.  I doubt whether you’ve received a letter from them yet confirming this? You have the right of internal appeal if you are dismissed and you must try to do this.  If you have over 1 years continuous service with them (and are a permanent employee) then you also have the right to make a claim for unfair dismissal at an Employment Tribunal.  If you have any more questions do you want to e-mail me at workline@freelanceadvisor.co.uk.  Regards and good luck.  Lesley, Workline

  • mark

    i have been sacked after having a crash, that was my fault, but was an accident, i had a disciplinary hearing a few months ago and from that had a written warning on record, nothing to do with the accident, but i was told that i have been sacked  for careless driving which isnt the case, i had sun in my eyes and went through a red light in filter lanes following the traffic that had the green light, wrong i know but it wasnt careless driving it was a bad judgment on my part, i have now been told i will have insurance excess stopped out of my final wages due next week, is that legal, thanks for any help  

    • Lesley Furber

      hi Mark, I’m going to reply to you by e-mail.  Regards, Lesley, Workline

  • Rashid.

    Hey, I had an accident last night with the pallet truck in the warehouse, I am already on final written warning for health and safety and accident as i had a serious accident at work last feb. Yesterday night after the accident manager called me in the office and gave me con-celling for the accident as it was not a big accident, there were two pallets piled up, i hit the bottom pallet and top pallets collapse, but nothing damaged… I want to find out if they can do something else after the con-celling? I mean with health and safety issue??? I personally feel he give me con-celling for rocking the pallet.. Can you please help….. 

    • Lesley Furber

      hi Rashid, I’m afraid I don’t know what you by ‘con-celling’ – do you mean he gave you a verbal warning?  You can e-mail me at workline@freelanceadvisor.co.uk

      • Rashid.

        COUNSELLING that is, sorry about dat….

  • Stressed

    Hi, I work in retail and am often away from home. While away this week, I recieved a fax to the shop (one of my companies shops) I was working at, informing me that I was to attend a disciplinary meeting on Tuesday, This fax was handed to me via a third party. Is it normal to get things like this faxed to you?
    Also, because I was working away from home (returned home last night) I had no chance to seek advice. My work knew I was away. Yesterday while returning home, i recieved a phone from HR asking if I was okay to attend and I said yes. Since getting home I realise I am not prepared and need time to speak to someone/ask someone to represent me. Can I ask for the disciplinary meeting to be delayed for a few days?

    • Lesley Furber

      hi yes you should do that.  Call HR and tell them that you, as they know, were away from home and are unprepared and would like the meeting delayed.  Regards, Lesley, Workline

      • Stressed

        Thank you for getting back to me. I will do that. Could you also tell me if it is ‘normal’ to have the disciplinary letter faxed to me because I am quite annoyed about this apparent lack of confidentiality?

        • Lesley Furber

          hi, no it’s not normal but they have felt it was the only way of getting in touch with you.  This is something you should bring up at the disciplinary meetings.  Regards, Lesley

  • Kasons

    Hello. Here is my issue. Starting 2012 new year my employees set new working schedule , before it was 4 on 4 off. And i got my old contract, without compulsury overtime. And from know i am working my new 4 on 2 off working schedule, without any new contract. And one day my manager asked me to stay for 2 hour overtime, she sad its in my new contract, i never been informed about compulsory overtime and i never had sighned any new contract, so company sent me disciplinary meeting letter, that i didnt do overtime. I think its unfair to force me do overtime , if i am not agreed with that, never sighned anything, still had my old contract. They sent disciplinary letter together with my new contract. Just wanted to know – do they have rights to force me do overtime like that? Maybe i am wrong. Thanks ^^

    • Lesley Furber

      hi Kasons, your Employer has basically changed your terms and conditions of employment without consulting with you.  They can change your terms and conditions but must consult with you first and listen to any objections that you have.  I really don’t think they should be disciplining you if you were not informed that you now were required to do overtime and were not aware of this and you should explain this at your disciplinary interview.  Have a read of our advice on changing terms and conditions here – http://www.freelanceadvisor.co.uk/go-freelance-guide/written-statements-and-contracts/ – and if you have any further questions you can e-mail me on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Noah Akinpetide

    IS Disciplinary proceeding Contractual? IS Employer allowed not to complete disciplinary proceeding before reaching final conclusion to dismiss the employee?

    • Lesley Furber

       hi Noah, your Disciplinary policy is contractual if it is referred to in your Contract of Employment or mentioned in any Company Handbook, or the Policy itself, that it is contractual.  The procedure must be followed before dismissal.  If you have any further questions you can e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • WorriedJuveFan

    Is the outcome of a disciplinary hearing always dismissal?? If one were charged with gross misconduct but it was their first ever offence having never been warned regarding their conduct before in their 4 years of service would this result in summary dismissal?

    • Lesley Furber

       Hi, no the outcome of a disciplinary hearing is not always dismissal, it can be a warning or a demotion or other ‘action’.  However, if you are being charged with gross misconduct it could lead to summary dismissal – it depends how serious the allegation is.  You can e-mail if you have any questions on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Rani

    How many times can an employee cancel the appeal hearing? Is there a law saying the employer has to work around the ex-employees new working hours??

    • Lesley Furber

       I’m afraid there’s not an answer in law to this – your Ex Employer should be reasonable and rearrange the hearing at least a couple of times but if you cannot attend the hearing then they can make a judgement in your absence.  Regards, Lesley, Workline

  • Carlharrison

    Hi my employer set a hearing into gross misconduct for the 14/06/2011 i couldnt make it as i had pre arranged holidays which i sent them my signed holiday form. The meeting went ahead in my absence but on all the documents i recieved were dated 11/06/11. Also on my P45 it says date employment ended 11/06/11. My employers are adamant they are just misdated and it did actually take place on the 14th. As my employment had ended though according to my P45 where do i stand? in court on 27th feb.

    • Lesley Furber

       hi Carl, did you ever get a written letter confirming the date of the hearing as the 14th?  Are you going to Tribunal, it’s going to be interesting what they make of this as no doubt the Employer will continue arguing it was just a mistake but it appears that if all the documents said otherwise.  Would you have been able to attend on the 11th?  Regards, Lesley, Workline

      • Carlharrison

        Hi Lesley, I received a letter stating the date of 14/06/11.
        During my appeal hearing i explained to the manager i had mislaid this letter.
        I asked the manager who had all paper work and relevant info if she thought it was acceptable to conduct a meeting 3 days early to which she replied it was always set for the 11/06/11. . asked her are you 100% sure which again she replied yes. Really i did have the letter saying the date was the 14/06/11 but this was the only way i could try and prove i was being set up. All the meetings are included in the tribunal bundle but even with all this evidence i have of procedure not being fully followed acas are saying i have an up hill struggle due to it being potentially fair!!! if this is the way it works then surely any employer could accuse me of anything they wanted .I would have attended on the 11th even though my employer ignored requests on four separate occasions to interview both witnesses who were there on the day and not just the one. Yes this is at tribunal, 2 day hearing. Thanks

        • Lesley Furber

           hi Carl, I’m going to reply to this by e-mail as I have some questions.  Regards, Lesley, Workline

  • Carlharrison

    The incident i was accused of was theft. They realised after 45 days suspension the money was in the bank all along but went in a day lated due to banking cut off times. They changed the allegation to missapropriation of company funds and serious breach of trust.

  • Stressed out!

    Hiya, i was suspended pending investigation for alleged poor performance 5 weeks ago, when i attended the investigation meeting yesterday they have completly changed the allegation to lying on an email and falsifying a vote. Can they change the allegation this drastically? I had raised a greivance which was upheld so the original allegation was rendered useless. I now feel that my manager has been searching for the slightest thing to pin on me and they ae still calling it gross misconduct. For the record i have done neither of these things again but it is my word against his.

    • Adam

      Hi, Your employer should not have changed the allegation.This may be indicative of pre-determination of the outcome of the future disciplinary hearing.Whilst it is not required for the company to prove your guilt beyond ambiguity, they need a well substantiated reason to believe that you have committed an act of misconduct.Burchell-v-British Home Stores will be of relevance if you are dismissed for a misconduct.All the best!

      • Carlharrison

        I keep getting told by acas to look at this case which i have. Surely since 1978 rules and procedures can not be judged against a case over 30 years ago!! 

        • Adam

          Yes, they can and are.This is called a precedent.Look at the findings of this case, especially around the criteria that any reasonable employer has to meet in order for the dismissal to be potentially fair.

    • Lesley Furber

       hi, your Employer should be consistent in what they are accusing you of
      and any disciplinary sanctions should only be imposed in respect of
      allegations that have been properly investigated and bought to your attention.  However, you say it was an investigation meeting yesterday and not a proper disciplinary – you will need to wait to see what happens next, if you are called to a proper disciplinary hearing following on from this.  If you want to e-mail I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Adam

    “All Employers are required by law to have a written disciplinary procedure for employees…”This is not correct Lesley. Employers are advised by ACAS code to have written procedures but not obliged under statutory legislation. It is of great importance that such articles are factual and not misleading…All the best!

  • http://profile.yahoo.com/P6TCWL35PKABEGKRIB7HYBKZWM 5463

    Hi there, I need some help or advice on this. Can a carer be automatically put on a POVA/POCA list for hoisting 3 adult residents by herself on a night shift. The disciplinary was concluded and she was dismissed. Even though this was the first disciplinary she’s had on the job she started few months ago. She apologized it was a gross mistake which was ignored due to the state of  the residents and also couldn’t find the other carer when she looked around for her. Does she stand any chance at all not to be included in the list?

    • Lesley Furber

       Hi, I’m afraid I’m not familiar with what this list is so it’s difficult to give you an answer.  The Employer should state in their disciplinary procedure what they consider to be gross misconduct, so it is worth checking if this is included.  She obviously has a right of appeal which she needs to exercise.  Regards, Lesley, Workline

  • westpest

    Hi can you advise me please?  I have been working for my employer for over 4 years and have a corporate credit card.  My old manager told me it was okay to use it for personal use as long as I didnt claim this on my expenses.  This what I did.  I have now been invited to a disciplinary for serious misconduct even though they have a witness statement to confirm this.  The have stated that they are aware that all my expenses are true and ligitimate.  Can they dismss me to this?  They are saying I should have read the terms and conditions.

    • Lesley Furber

       Hi, I’m going to e-mail you as I have some questions.  Regards, Lesley, Workline

  • Ali

    I am currently going through a grievance process for bullying, harassment, victimisation and gender discrimination.  I only seem to have one piece of evidence which is irrefutable against someone who was meant to investigate my grievance.  This person called me names and threatened to punch me.  My employer says they are still doing a discipline investigation into this matter, but this happened 7 months ago.  They refuse to tell me what is happening regarding this investigation and say I do not have a right to know.  But how can my grievance be resolved, if I don’t know the result of their supposed discipline investigation?  The policy says a dis/inves should be over within 28 says.  I don’t even think this person has been spoken to, as they have appointed a solicitor.  Any advice regarding the resolution of my grievance would be really good. Thankyou

    • Lesley Furber

      Hi, I’m going to reply to you by e-mail as I have some questions.  Regards, Lesley, Workline

  • Margretgilfeather

    i am awaiting a tribunal after being dismissed i have witnesses  on my side  but there are also two other witnesses that my ex employer has contact details for but i havent  and they are not going to contact them can they be made to  by tribunal as this would be of imense help to me

    • Lesley Furber

      HI Margret, I’m afraid I’m not entirely sure of the answer although I thought there would need to be full disclosure of all details that will relevant to your case.  I suggest you call ACAS and explain the situation to them and see what they say.  Regards, Lesley, Workline

  • stressed out 2

    hiya can you help me please, can i sue an ex employer if the buisness that i worked for does now not exist under that name as  he has renamed the business. does it have to be the buisness name  or can the owner be sued.would be grateful for any information,thanks.

    • Lesley Furber

       Hi Stressed Out, do you want to e-mail me, as what are wanting to sue your ex-employer for? did he dismiss you? I’m on workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Noah Akinpetide

    Hi Lesley

    Please I need your urgent advice.  I was dismissed unfairly four months ago and I have since then filed a claim for unfair dismissal through the employment tribunal and the hearing to determine compensation I may entitle to will take place next month.  Therefore I will like to know the maximum award I could recover together with award for future loss of earning.  I have worked for this company for a period of 11 years and I was 57 years old at the time of the incident.  Presently I am now 58 years old.  Thanks for your support

    Noah

  • Pugh83

    hi i was due to have disaplinary hearing today at 3 but it was cancelled without me knowing should they have give me some notice of the cancellation where do i stand

    • Lesley Furber

      Hi, yes of course they should have told you and they need to give you adequate notice of when it will be re-scheduled.  Good luck, Lesley, Workline

  • Dougie27669

    my boss wants to give out warnings to me if i dont do overtime

    • Lesley Furber

      hi Dougie, he may be within his rights to do this – you need to read your contract and see if it says you are required to do overtime.  Regards, Lesley, Workline

    • Dougie27669

      contract says if and when requard

      • Lesley Furber

        Hi Dougie, well then it sounds like you are required to do overtime when required.  Regards, Lesley, Workline

  • stevewolves

    Hi ya. I am on disciplinary on Thursday. I have been accused of gross misconduct. I was dropping a bag of smalls into an area below from a mezzaline floor. I was seen doing this by the senior manager on the night. 2 nights later in front of another manager he informed me that he had observed this incident but he was going to let it go this time but if I did it again he would discipline me. I went on 2 weeks holiday and when I returned I was suspended for this offence. The managers have lied on the statements regarding this matter which I can prove. I am guilty of what they are accusing me of but I have never denied this. If the senior manager dealt with this how can I be  then be disciplined if I have never don it since. They have also broken there own disciplinary procedures. I am so scared to go to the disciplinary and am scared if I am dismissed for gross misconduct I will find it hard to gain further employment if this is on my record. Please help

    • Lesley Furber

      Hi Steve,apologies I was not able to reply to this before.  How did the disciplinary go? Did you say at the disciplinary that the senior manager had previously said he would not discipline you? And were you able to prove the Managers had lied?  Whatever decision they reach after the disciplinary yesterday you have a right of appeal against it.  If you want to ask me anything then please don’t reply to this post but e-mail me at workline@freelanceadvisor.co.uk.  Regards, Lesley, Workline

  • Garryakrigg1980

    Hi I have recently been sacked from post as a staff nurse for gross misconduct regarding IT usage. Once informed of the issue I immediately adhered to the trusts policy regarding the issue and was allowed to continue as normal for a further 15 days in my role. However, I was then suspended for 8 months and subsequently dismissed the trust throughout did not adhere to it’s own disciplinary policy regarding time limits and refusing me the right to adjounments when required. I have also found out that they have not followed ACAS code of conduct, please help

    • Lesley Furber

      Hi Gary, thanks for your message.  I presume that you requested an internal appeal of your dismissal? If you have and the decision was upheld then the best thing you can do is take your Employer to an Employment Tribunal for unfair dismissal.  I would advise that your ring ACAS to start this off and see what think, as you would need to go through them anyway to make a claim to Tribunal.  Good luck, Regards, Lesley, Workline

      • Garry1980

        Hi Lesley thanks for the reply, yes my appeal will be internal at first but I have no confidence in my employer to make the correct decision. When I pointed out the glaring incompetence that they had made with regards not following their own procedure and the time scale attached, they were very dismissive. I have subsequently found out it may cost me seven thousand pound from a solicitor to take the case to tribunal but I do not have these funds. I also know of two other members of staff who have been reprimanded for very similar and in one case more serious but not dismissed.

        They stated at the end of the meeting that I would receive my appeal forms with in 5 working day but thus far the 5 days have passed and no minutes or forms. This has been the case through the entire 8 months of my suspension and according to the trust procedure policy the matter should have been concluded with in a total of 12 weeks.

        Thanks again any help would be greatly appreciated.

        • Lesley Furber

          Hi Gary, I’m going to reply by e-mail.  Regards, Lesley, Workline

  • Pete

    Hi i had a accident at work today i knocked over some stillages with a fork lift now i work for a job agency. Now a week ago i told my boss i wanteed to file a complaint against this agency for not paying me which they found out about.Now i was told today i have a disiplanary hearing for gross misconduct the weird part is that the health and safty guy and my manager both said my view was blocked by the mast of the truck plus the racking was to low but i belive the agency is trying to get back at me for the complaint plus i have a few people that all have had the same accidents that where not ever disoplined i have never missed a day of work never been late and the employer that i work for threw the agency does not want me to have a displanary just the agency also they have told me the place i work for will not have a a say so about me staying or leaving what can i do.

    • Lesley Furber, Workline

      Hi Pete, who is holding the disciplinary hearing, the agency or the Employer? Whoever holds it they will need to take witness statements and if the Employers H&S man and your own manager have said it was not your fault then this should become evident at the disciplinary. I’m not sure I understand why your agency have the said the Employer you work for will not have a say about whether you work there or not as clearly they do! Good luck. Regards, Lesley, Workline

  • karen

    hi can i be given a written warning without a meeting first.can they also take my contracted hours of me befor a meeting as i have had no hours since they sent me a written warning

    • Lesley Furber, Workline

      Hi Karen, you should not receive a written warning without being aware they were possibly going to discipline you and being given a chance to put your side of the argument across (as this is against the ACAS Code of Practice). With regards to your contracted hours, they have the right to suspend you on full pay if necessary (so you dont’ actually work) – if this is not what they have done and they are not letting you work or paying you then this is not correct. If you want to e-mail me I’m on workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • kierhan b

    is possible for me to be dismissed from work for damged to company property which as been classed as misconduct. im already on a 12 moth written warning for misconduct but no final written warning though.

    • Lesley Furber, Workline

      HI Kierhan, yes quite probably, it may be possible to ‘aggregate’ your misconduct. It’s going to depend on what you damaged and how and how serious the company takes it. Regards, Lesley, Workline

  • Emma

    Can my employer hold a disciplinary meeting without my knowledge? I was absent 3 times in 3 months (as per company procedures this results in an investigation and a possibly disciplinary meeting. My third sickie was due to depression accompanied by a doctors note. I was then booked off for a further week. And only got my letter stating I would need to attend a disciplinary meeting when I returned and it was dated for while I was booked off. Also can I be disciplined for being off sick due to dePression. (with a doctors note)

    • Lesley Furber, Workline

      Hi Emma, your Employer can hold a disciplinary meeting in your absence, but this is only normally done where you have been invited but failed to attend a few times. Yes, your Employer can discipline you for being off sick – if you have a look at your company’s disciplinary procedure and/or sickness procedure (which I presume they have) you will see that this is something they can do – they will do this if they are unhappy with your level of sickness and want to discuss this more and make decisions about what happens next. If you’ve got any more queries you can e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • jcn

    Can I waive the hearing and appeal process for gross misconduct if the letter i recieve claims that if allegations are true then i would recieve a final wriiten warning. As i already admitted to allegation being true during the investigation?

    • Lesley Furber, Workline

      Hi, thanks for your message, I’m not sure I completely understand, but you only appeal against a decision if you want to or feel you need to. Hope that helps. Regards, Lesley, Workline

  • Ellie

    My partner was dismissed from work on 12 sept without any previous disciplinary/capability meetings or letters. He has never had any performance review meetings since he started in Sept last year. He cannot claim unfair dismissal apparently as he was dismissed after 11 months and 2 weeks employment. The company did not follow the process outlined in the staff handbook and has appealed the dismissal notice. They have given 1 weeks statutory notice and have said they will pay 2 months contractual notice. It seems they have done this to avoid any tribunal proceedings. Is there anything he can do to claim wrongful dismissal?

    • Lesley Furber, Workline

      hi Ellie. You are correct he cannot claim unfair dismissal as he does not have 1 years service. He may be able to claim for breach of contract if the Company did not follow their disciplinary procedure and this is a contractual procedure (i.e. it is in his contract). It might be best to ring ACAS to see what they think as you would need to go through them to put in a claim to Employment Tribunal anyway. Hope that helps. Regards, Lesley, Workine

  • kiran jones

    when being suspended should i have signed a copy of the document and ready notes of the meeting before i was told to leave

    • Lesley Furber, Workline

      Hi Kiran, not necessarily, they should confirm your suspension in writing and call you to a disciplinary hearing as soon as that is possible. Regards, Lesley, Workline

  • Ellie

    Hi Lesley, thanks for your reply. It now seems the company don’t want to give him an appeal hearing – despite the dismissal letter saying he can. Surely they can’t do that ? We’re trying to find out more info, but this is getting so frustrating ! The haven’t complied with any of the documented procedures so far and now this is the icing on the cake…..any advice would be appreciated. Thanks, Ellie

    • Lesley Furber, Workline

      hi Ellie, no they should allow him to have an appeal hearing. You should consider a breach of contract claim at Employment Tribunal and I would call ACAS for their advice. Regards, Lesley, Workline

  • John

    Hi, I wrote something on friends Facebook page about the 2 wpc’s who got shot saying “police get what they deserve” but this was not directed at these 2 girls who were innocent murdered, i was mearly stating how much i dont like the police for the lies they told against me and i lost my driving license 2 years ago for a year. It was in general terms and not maliciously meant and someone complained to my work “a local council authority” i work for and now im suspended pending an investigation? Ive never had any complaints or had any warnings before from work in the 3 and a half years i have been there, could i be dismissed from work for this?

  • Oneal

    I have 1 written warning already and a further disciplinary hearing for another case where i was found with a out of date product during my shift. this happens very often with everyone but i think i have been picked. I write my HR and i am going to have my grievance hearing soon. i am going on my annual leave in 2 days but they present me a disciplinary letter now. I wish to not attend this hearing on the ground the notice is too short and i am working long shifts. What should i do?

    • Lesley Furber, Workline

      Hi Oneal, if you are at work when the disciplinary hearing is on, you should attend the hearing but make you sure you make it clear you would have liked more notice of the hearing. Regards, Lesley, Workline

  • David N

    Is it possible to be dismissed and not told you are being dismissed?
    I was subsequently told 4 months after leaving my employer that they had chosen to dismiss me – and they admitted that they didn’t tell me – can this be allowed?

    • Lesley Furber, Workline

      hi David, I presume from what you have said that you resigned and left? If that is the case they could not dismiss you after you have left. If you left for some other reason then it’s going to depend on the exact circumstances. Did you find out because of a reference request or some other reason? Regards, Lesley, Workline

  • cmmmc

    i recived a letter for a disciplinary meeting monday for next monday. i have been to the doctors today who has signed me of with depression as i have been through a domestic violent relationship. my manger knows why i have had 5 absences in 3 months during my probation period. and they have extended my probation to January I have gone in this evening to let my other manager know that i have been signed of for 2 weeks. im now worried to death even more that im going to lose my job because of this.

    • Lesley Furber, Workline

      Hi, I’m sorry about your situation but there is not a lot I can advise here. Hopefully, your Employer will be fair in how they handle this and take your circumstances and situation into account, as they should. Have they said yet whether they will delay your disciplinary meeting until your return from sick leave?. Good Luck. Regards, Lesley, Workline

  • Danceman

    I was dismissed yesterday for absence after i had a final warning last march and the last time i was off sick was18th of september over a month ago and for the time i was off sick i never had a back to work interview or any other kind of interview untill i got a letter at work saying i am required to attend a dissaplinary interview wich i was sacked at can they do this or can it be classed as unfair dismissal

    • Lesley Furber, Workline

      Hi Danceman, it’s quite possible this is fair, it does depend on all the circumstances. You do have a right of appeal at the Company for your dismissal, so you should do that first. If you do not get the outcome you want from that you can call ACAS and see if they think you have a case for unfair dismissal at an Employment Tribunal. Good luck. Regards, Lesley, Workline

  • jayne, milton keynes

    Hi. My contract was terminated last week and I began work at the company in April 2012. I handed in my notice to the employer and was then signed off by my doctor for 2 weeks during the notice period. During this sick leave, I took part in physical activities with a rival company and my employer found out. My employer stated gross misconduct as the reason for dismissal as they said I hadn’t been honest with them and was claiming sick pay during this period. I told them my doctor said the physical activity would be good for me but it’s not recorded on my sick note. I have since returned company equipment to them and they’ve told me that it is damaged which gives further evidence of gross misconduct. It states in company handbook that staff any damage to equipment through negligence or carelessness will result in liability to pay the full or part payment of repair and failure to do so will result in deductions from pay. Regards Jayne, Milton Keynes

    • lesleyfurber

      Hi Jayne, thanks for your message. What exactly do you need to know? You can e-mail me at workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • n hegarty

    Hi my husband as worked for his company for 13 yrs no past problems, last we he had a argument with his yard manager which my husband was grabbed round the neck by his clothing there was a witness this to this my husband punched out in self defence and has now been suspended on full pay had meeting on tuesday to confirm his version of events but not heard anything as to what action they are likely to take

    • lesleyfurber

      Hi, it’s difficult to predict of course, but this is potentially a sackable offence. However, if they follow their disciplinary procedures correctly then they should take statements from any witnesses and invite your husband to a disciplinary hearing where he has a chance to give his version of events. If the outcome of the disciplinary hearing is not one he is happy with then he has a right of internal appeal. If he is dismissed then he could take an unfair dismissal claim to an Employment Tribunal. Good luck. Regards, Lesley, Workline

      • n hegarty

        Hi Lesley,

        Thank you for your reply, they have had the investigation meeting where are all statement’s have been taken, which we have received today a copy for our records, we aer waiting on their decision they are waiting for the depot manager to return from holiday which will be on Thursday for his imput on the matter as my husband referred to previous incident where yard manager was in his face and agrresive and was told by depot manager to applogise which he did, surely they take into account that my husband acted in self defence when decided on action they are going to take.
        Many Thanks

        Nicola Hegarty

        ========================================
        Message Received: Nov 06 2012, 03:41 PM

  • n hegarty

    Hi my husband as worked for his company for the last 13 yrs nopast problems last week he got into an arguement with his yard manager this ended up with the yard manager grabbing my husband round the neck by his clothing in self defence my husband puched him, my husband has no been suspended on full pay, they have an enquiry meeting to take statements also from the witness this was on tuesday, the other guy has not been suspended I am so worried that they may dismiss my husband what action are they likely to take

  • Raab

    Hello i got final written warning and along with it i also have second disciplinary for hearing and top of this i am on sick note from last 3 and half month accident happens at work my service with the company is almost 6 and half year. they arrange a hearing when i am sick my question is can my employer sack me on my second disciplinary decision if i am not satisfy him for the allegation during my sick note. please replay its urgent

    • lesleyfurber

      hi Raab, thanks for your message. Unfortunately you’ve not given me a lot of details to base my answer on, but yes if you have a final written warning for one offence and then are called to a disciplinary for something else then yes you could be dismissed. But obviously it’s going to depend on all the circumstances of your situation. Good luck. Regards, Lesley, Workline

  • Prudy

    I have recently been dismissed during my probationary period with no warning or formal reviews. I was given the reason of my boss can’t connect with me and that he had heard rumours about inappropriate behaviour. Is this breach of contract?

    • lesleyfurber

      Hi Prudy, it could be a breach of contract if your company’s disciplinary policy is contractual, i.e. detailed in your contract of employment. If it is, then it will need to be followed at all times, including during a probationary period. Hope that helps. Regards, Lesley, Workline

  • Kinga

    Hi, I am working in one company over 3 years, never problems, last year were hard for me, I had some days off, deep depression, but everytime I went to my GP, and because this absences I didn’t get grade up for last year, in May 2012 my employer gave me a verbal warrning about this absences, I explain the problem, and I try improved it, in August I was on holiday and I had sunstroke, So I was week off, of course I have doctors note for it, then month ago I feel really bad and after 2 hours work I went to home, on next day my supervisor gave me absence to sign off. But I didnt take day off-only 6 hours, today they said that law changed! Today I get disciliplinary letter, conversation will be taken on friday and it may cause my dismissal! I can take witnes, but I can really be dismissed from work? Please help me with this, I have enough this stress.

    • lesleyfurber

      Hi Kinga, thanks for your message. Yes, you can be dismissed for sickness absence (whether frequent or long-term). Your Employer needs to take all the circumstances into account and needs to be fair in what they decide, but you have a right of appeal against the decision they make if you unhappy with it. If you are dismissed then you may have a right to make a claim for Unfair Dismissal at an Employment Tribunal. Good luck. Regards, Lesley, Workline

      • Kinga

        Thank you, I though that I need to get final disciplinary letter? Anyway I will appeal if they will dismiss me, cause my problem is that I have painfull period, and I passed out a few times because the pain, so I cant loose my job becuase period, in every other work I will get the same problem then.
        I am still worried about absence, if I am coming to work but after a few hours I will bad because the pain then supervisor let me go to home why they say it still absence?

        • lesleyfurber

          Hi, yes you need to get a letter advising you of the disciplinary meeting and then a letter confirming the outcome of the hearing. Regards, Lesley, Workline

  • Kinga

    Hi, could you please tell me the national maximum percent of absence in UK?

    • lesleyfurber

      Hi Kinga, sorry I don’t know the answer to that. Try searching for it on the internet. Regards, Lesley, Workline

  • Tom

    Hi,I have been made redundant due to factory closure.
    Yesterday we were told that despite,fact in I don’t wont to trial
    At their other factory 60 miles away I will have to work my leave notice there.
    As my contract states place of work,and don’t have any clause in regards to work in other places,
    Wouldn’t that be a breach of contract?its seems like they try to make it that it’s sensible offer to accept.
    Manny thx’s for your help.

    Tom

    • lesleyfurber

      Hi Tom, the offer of alternative work, or working your notice at the other factory (if I understand your message correctly) with regard to its location has to be ‘reasonable’. It might be worth you ringing ACAS to see if they would consider this distance reasonable or not for a breach of contract claim. Regards, Lesley, Workline

  • sandra dodsworth

    If you quit the employment before a hearing does it still count? can the employer still discipline you?

    • lesleyfurber

      Hi Sandra, I can’t see how an Employer can discipline you if you’ve left their employment. However, they may mention on any reference they give for you in the future that a disciplinary was pending and the reasons for it. Hope that helps. Regards, Lesley, Workline

  • jules

    Hi i have recently been issued a final written warning, i have been with my company for 10 years, no previous problems at all a very excellent record, this year ( november) it has been brought to my attention i have had poor performance and general attitude problems, i have had no inhouse training since 2009.. i work for a big company which has evolved over the past couple of years,, and also changed its owners.
    early this year i lost my mum and am clinically depresed, had counselling..
    this notice has come about after some recent changes made to staff hours etc, where i possibly spoke for other people.. i am due to appeal this decision.. any feedback is helpful..thanks

    • lesleyfurber

      Hi Jules, thanks for your message. There’s not much feedback I can give you really, apart from make sure that you tell them all the circumstances that you have mentioned above, so they understand your side of the situation. And make sure your Employer follows their disciplinary procedure properly. Good luck, Regards, Lesley, Workline

  • disqus_AoPWCtGdJb

    hey i have recently resigned from my job giving the one months notice during a suspension. i was told that the disciplinary would now be dropped, but they have now notified my new employers can they do this?

  • gringe867

    hi, a friend of mine has recently been suspended and had a disciplinary hearing for gross misconduct regarding fraud. Is it possible that his employer would report him to the police, and if they were to report him to the police will he be informed about this or would it come as a surprise.

    • lesleyfurber

      Hi, yes if they can prove the fraud or have serious reasons to believe it was fraud then the Employer may report this to the police. I’m afraid I don’t know if they would inform him if they have done this or not. Hope that helps. Regards, Lesley, Workline

      • gringe867

        HI thanks for replying, so would it be appropriate for him to ask his employer if they would report him to the police or action fraud, and if yes, what is the appropriate way to phrase such questions? Thanks again.

        • lesleyfurber

          Hi yes he could ask, best to say something like ‘do they intend to take any further action’. Regards, Lesley, Workline

  • Kim O’Brien

    Hi, I have been suspended from work pending further investigation for gross misconduct. I have been suspended for 21 days and have not heard anything from my employer with regards to a hearing but I am on full pay during the suspension. I have been offered another job with another company in the mean time and they want me to start asap, can I just hand my notice to my current employer or if I did leave would I have to pay back the money I have been paid whilst on suspension?

    • lesleyfurber

      Hi Kim, yes you should be able to hand your notice in to your employer (and agree the leaving date). Suspension is normally on full-pay and if this is the case in your contract/disciplinary policy then they cannot ask you to pay this back (otherwise it would be a deduction of wages). Good luck. Regards, Lesley, Workline

  • Zaza

    Hi,

    In case of gross misconduct, is the employer entitled to fire someone without a disciplinary hearing (i.e. without giving the employee a chance to state his/her case)? Details: working in NI for >4years, full time permanent job (private sector), no previous history of misconduct of any kind.

  • baltimus

    Hi,
    Today I was given a letter detailing my official written warning by my manager after informing me that it was in my best interests to sign it and return it because if I chose to dispute the matter the outcome would be more severe. The company have a detailed policy regarding disciplinary issues none of which have been followed, obviously I have not signed it yet and was just after some advice on what my best course of action is.

    • lesleyfurber

      Hi Baltimus, a difficult situation for you I’m afraid. If your company has a disciplinary policy which they are not following, then they may be in breach of contract if the policy is contractual. However, that’s probably not going to help you at the moment I know. If you are unable to sign it with a disclaimer that you do not agree with the contents, as that would be seen as ‘disputing’ the matter, or not sign and return it all for the same reasons, then it may be best for now to sign it but keep a copy of it and a note for yourself describing the situation. If the situation escalates in future then you would have proof that your Employer did not follow their procedures which could come in handy. Hope that helps. If you have any questions then you can e-mail me on workline@freelanceadvisor.co.uk. Regards, Lesley, Workline

  • Louise

    My husband has worked present company 3 years and received performance bonus last year. Was put on written warning for performance then went sick on 8 jan. due to worry and illness he did not interact with company ignoring written and verbal requests for sick notes. Phoned him on 11feb and told him to attend disciplinary hearing. Explained he could not drive or attend and was signed off but he had not sent certificate. Posted it same day. Went back to doctor today who signed him off retrospectively to cover absence due to longstanding symptoms. Has lost over a stone and waiting second X-ray (notes say chest infection). On way to doctor collected letter (they had sent special delivery but not put on postage!) which stated hearing held in absence and issued final written warning. Doctor has signed him off till 1st march. What should he do?

    • lesleyfurber

      Hi Louise, I’m afraid his Employer would take the fact that he did not send in sick notes seriously (they would probably regard this as absence without leave which is often a disciplinary offence) and this can affect his right to receive sick pay also. The Employer can also hold a disciplinary hearing in his absence, but I would expect them to try more than once to convene a meeting, not just jump straight into to hear it in his absence. He will have a right to appeal the final written warning which he should do. Could he ask his GP to write him a letter that he can give to the Appeal hearing to explain why he has been so worried etc? Good luck. Regards, Lesley, Workline

      • Louise

        this is exactly how his written warning reads; they classed him as AWOL. we are appealing but I fear he has put us in an untenable position. appalled that he did this and I only found out by accident when HR called. many thanks for your help, excellent service. regards.

        • lesleyfurber

          Hi Louise, no problem. It is definitely worth appealing to explain the whole circumstances behind what happened. Good luck. Regards, Lesley.

  • disqus_cr7KVlmuL2

    Hello – I attended a return to work interview, which somehow turned into notification of a disciplinary. I had no letter prior to attending my return to work interview to inform me of the pending disciplinary. Is this a case for breach of contract?

    • lesleyfurber

      Hi, if it was notification of a disciplinary hearing to come, that is ok. If it was the actual disciplinary hearing itself that is not. It would only be a breach of contract if it was the actual disciplinary hearing itself and your Employers disciplinary policy is a contractual policy. Hope that helps. Regards, Lesley, Workline

  • Dave

    Hi I have today received a letter to attend a disciplinary for underperformance in a 1 hour overtime slot before my shift started. I am looking for a couple of pieces of advice firstly in a statement produced by my manager there are lies in what he says I have said – how do I go about raising this?
    Secondly I feel I have been victimised by my manger and have raised this with my hr department before, I don’t agree with any of the disciplinary investigations and it is the said manager who is chairing the meeting – do I have any right in who chairs the meeting, also I am looking into putting a grievance in against this manager should I do this before or after the meeting?
    Lastly part of there investigation was documenting all my movements from CCTV for that 1 hour in it it shows I have conitnued working through that hour but not doing my main job of picking orders (warehouse work) I am clearing empty pallets, cleaning etc they are now saying this is unacceptable. Should my job role profile state that they only want picking for my whole day if that is what they are looking for? Sorry if that last part doesn’t make sense it’s the best I could word it!
    Many thanks

    • lesleyfurber

      Hi Dave, thanks for your message. Really, your Manager, if he is raising the concerns about you should then not conduct the disciplinary (but it does depend how big your company is – small companies may find this more difficult). However, you have a right of appeal against any decision the disciplinary panel makes, so should exercise that right if necessary, and another manager should hear that. If you want to state a grievance against the manager you can decide when the best time would be to do that – it might be best to wait to see what happens at the meeting? With regard to your job profile – obviously I dont’ know how this is worded but do you or others normally do non-picking work? Is it the norm? Is it expected? The job profile should be fairly specific but will usually have some flexibility in it also. Hope that helps. Regards, Lesley, Workline

  • Neilus1580

    Can I be sacked from work if I falsified records under the orders of a company director, even if the company director has admitted that it was under his orders?

    • lesleyfurber

      Hi, thanks for your question. It would seem unfair if you were dismissed for this, but it is still possible. At the disciplinary hearing you need to make the circumstances clear (and also if you appeal against any decision you are not happy with). Regards, Lesley, Workline

      • Neilus1580

        If I put in a grievance against another member of staff during my suspension and it is directly related to this issue, should my grievance still be heard within the 28 days that I have requested? Neil

  • Ada

    Hi,

    Just a little question. I have been suspended from work and my job had been advertised on the Internet. Is this legal?? Also is it ok for a director to tell other members of staff why you have been suspended?

    Thanks

    • lesleyfurber

      Hi Ada, if you are absolutely sure it is your job that has been advertised then it would appear that they have made a decision that you will be dismissed before any disciplinary hearing – and that would be unfair. Disciplinary situations should be kept as confidential as possible but there will be occasions when it is necessary to explain to others what is happening – it’s going to depend on all the details/reasons etc. Good luck, Regards, Lesley, Workline

  • shazzy

    Hi I was given a final warning over a year ago which was current for one year, but in the last 10 days of the warning i made the same mistake for what the final written warning was for, I had an investigation 6 weeks ago and have been told that I will receive a hearing in the next couple of weeks. I have been offered a job with another company and would like some advise, am i best to hand in my notice and take the other job as I feel that they have no other option but to dismiss me.

    • lesleyfurber

      Hi Shazzy, thanks for your message. Obviously I don’t know any details, so it’s hard to say if you would be dismissed, you may or may not. The decision is entirely yours – if you do take the new job, this will not stop your current employer explaining they were about to discipline you in any reference they give you – they have to be honest in the references they give for Employees. Good luck. Regards, Lesley, Workline

      • shazzy

        Ok thanks the error was that I forgot to give medication to a client due to busy shift and working 7.15 to 21.45 with a 30min break at 11.30 and I requested a 1 hr break at 14.15 which I tried to sleep due to tiredness but couldn’t, I was disciplined for this in the pasted and had the final warning. This happened at the end of dec 12 and the investigation was in end of jan 13. I then went of sick for opp which was planed and returned to work two weeks ago. I feel its taking long as told another 2 weeks before the hearing. Can you tell me if they do decide to sack me, will this also be put in my reference, so I’ve way if I resin or be sacked it will be put in my reference ?

        • lesleyfurber

          Hi Yes, if they dismiss you this should be put in any reference they provide. Regards, Lesley, Workline

  • annika

    Hi thee i have recently had a disaplinary at work in which i was told was a councilin which then went on to a futher 2 investigation proceeders all in one sitting is this allowed to be done like this thanks annika

    • lesleyfurber

      Hi Annika, no it shouldn’t have been done like that. If you are going to be invited to a disciplinary or investigation meeting then you need to get notice of this, so you have time to prepare. Regards, Lesley, Workline

  • annika

    Thanks for the reply least now i know

  • Tony Hall

    Hi, my friend is facing a so-called disciplinary for gross misconduct on Tuesday 19th. As she knows that this is just going to be charade, she went into the shop where she has been working to collect her personal belongings, and noted that she has already been taken off the weekly roster. Her crime was to stan up to a bullying area manager.

    • lesleyfurber

      hi Tony, thanks for your message. Can you be more specific about your questions? Obviously this is a big topic so I need a steer on what you need to know. Regards, Lesley, Workline

  • shamoon ali

    I got dismissed for gross misconduct. ..I work on production line and I missed a bolt on a seat. Seat was found couple of stations away on the line. Ive been working for 5years and got clean record. They say my actions put the company in risk …in my appeal I mentioned other operators who did similar mistakes…2 of them got dismissed after making mistake on their 3rd occasion whilst the other 2 were the sons of the supervisors and one of them made similar errors frequently…its been a month now since my appeal…they still haven’t made decision

  • shamoon ali

    I have been working for 5 years got a clean record…I was dismissed for gross misconduct…I work on production line and make seats…I sent down a seat without doing up the bolts…genuine mistake…the seat was found on the line couple of stations away by another operator…if that operator didnt find it it would of definitely be found by the next operator who had to scan the seat…and when he scanned the seat it came as incomplete. The manager said if the seat had left the building It would of put the company in disrepute with its customer also if the seat got to the customer it would of resulted the user getting a serious injury or even death. But I believe my seat had no chance leaving the building as checks are put in place on the line to avoid this…in my appeal I mentioned that 4 other operators did similar mistakes 2 of them were dismissed after their third mistake whilst the other 2 who were both supervisors sons and one of them was frequently making mistakes whilst the other son made the mistake in front of his dad (supervisior) me and another operator. I have a statement from the other operator who said he witnessed this. In my appeal I told the manager to ask some individuals on the line and they will agree and would have witnessed the incidents I mentioned. All these incidents the 4 operators made would of put the company in disrepute with its customer and also result in serious injury or death to the customer. I feel that I have been discriminated of my race and creed bcoz all the 4 operators are white and im asian. Ive made one mistake in my 5 years that ive been there.
    Its been exactly a month now and my workplace have still not made a decision…im getting really worried and want to know have i got a good case and is it worth me taking this to employ tribunal. Thanks..I hope u could get bck to me

  • shamoon ali

    shamoon ali • 6 hours ago−

    I have been working for 5 years got a clean record…I was dismissed for gross misconduct…I work on production line and make seats…I sent down a seat without doing up the bolts…genuine mistake…the seat was found on the line couple of stations away by another operator…if that operator didnt find it it would of definitely be found by the next operator who had to scan the seat…and when he scanned the seat it came as incomplete. The manager said if the seat had left the building It would of put the company in disrepute with its customer also if the seat got to the customer it would of resulted the user getting a serious injury or even death. But I believe my seat had no chance leaving the building as checks are put in place on the line to avoid this…in my appeal I mentioned that 4 other operators did similar mistakes 2 of them were dismissed after their third mistake whilst the other 2 who were both supervisors sons and one of them was frequently making mistakes whilst the other son made the mistake in front of his dad (supervisior) me and another operator. I have a statement from the other operator who said he witnessed this. In my appeal I told the manager to ask some individuals on the line and they will agree and would have witnessed the incidents I mentioned. All these incidents the 4 operators made would of put the company in disrepute with its customer and also result in serious injury or death to the customer. I feel that I have been discriminated of my race and creed bcoz all the 4 operators are white and im asian. Ive made one mistake in my 5 years that ive been there.Its been exactly a month now and my workplace have still not made a decision…im getting really worried and want to know have i got a good case and is it worth me taking this to employ tribunal. Thanks..I hope u could get bck to me0  •Edit•Reply•Share ›

    • lesleyfurber

      HI Shamoon, well obviously you have to wait until you have the decision of the appeal before you can do anything. But if you feel you have been treated unfairly then you can try to take a case to Employment Tribunal. When you have the results of your Appeal, I would advise that you call ACAS to see what advise they can give you about taking a claim to Tribunal. Good luck. Regards, Lesley, Workline

  • RichardM

    Hi, I was suspended from work on the 5th December, then by text message i was invited for a chat with my area manager not knowing that this chat would form the basis of an investgation against me. A disciplinary date was set so I raised a grievance against him. After this grievance had been raised 3 new witness statements got made against me, all apparently having viewed CCTV which no one copied. I attended my grievance which was not resolved and I still haven’t received a letter about the outcome of this grievance (which was early January). Earlier this week I received a pack through for another disciplinary date with new statements taken by the person whom I raised the grievance against and a new allegation had been added which I hadn’t had a chance to answer for. I attended my disciplinary, was told the outcome wouldnt be based on facts or evidence but on the discipling managers opinion, but they wouldn’t give me an outcome until they had conducted a disciplinary with someone who has already put 2 statements in against me. I was told depending on what is said in that disciplinary will determine what course of action they will take against me. I already know that no action was taken against him and he is back at work. Have any procedures been broken here.

    Thanks

  • RichardM

    Hi, I was suspended from work on the 5th December, then by text message i was invited for a chat with my area manager not knowing that this chat would form the basis of an investgation against me. A disciplinary date was set so I raised a grievance against him. After this grievance had been raised 3 new witness statements got made against me, all apparently having viewed CCTV which no one copied. I attended my grievance which was not resolved and I still haven’t received a letter about the outcome of this grievance (which was early January). Earlier this week I received a pack through for another disciplinary date with new statements taken by the person whom I raised the grievance against and a new allegation had been added which I hadn’t had a chance to answer for. I attended my disciplinary, was told the outcome wouldnt be based on facts or evidence but on the discipling managers opinion, but they wouldn’t give me an outcome until they had conducted a disciplinary with someone who has already put 2 statements in against me. I was told depending on what is said in that disciplinary will determine what course of action they will take against me. I already know that no action was taken against him and he is back at work. Have any procedures been broken here.

    Thanks

    • lesleyfurber

      hi Richard, thanks for your message. I’m afraid it’s difficult to tell whether any procedures have been broken here as I do not know all the details and I don’t know what your companies procedures say – certainly if you raise a grievance during a disciplinary process then this is going to complicate and delay the situation. I presume the first disciplinary has been held and you have now been asked to attend a second? Obviously you have a right of appeal against both the grievance and disciplinary if you are unhappy with the outcome. Good luck. Regards, Lesley, Workline

  • shamoon ali

    Hi lesley….in my employee handbook it is written that one of the reason of gross misconduct is to put the company in disrepute. ..I was sacked for gross misconduct but I didnt put the company in disrepute. …I nearly did…bcoz I forgot to do the bolts up on a seat and it was found in house….it didnt leave the warehouse it was found by an opreator 2 stations away from me…my manager dismissed me for potential chance of putting the company in disrepute. ..it also states
    the ACAS Code of Practice recommends that the employee should be issued with a warning first. If any further misconduct occurs in the future, only then should dismissal be considered.

    • lesleyfurber

      Hi Shamoon, my answered your query several days ago. Your Company will have provided several examples of conduct they believe constitutes gross misconduct. Gross misconduct is different from misconduct that would only warrant a warning. As I said to you below, you need to wait to see what your appeal outcome is and take it from there. Regards, Lesley, Workline

  • shamoon ali

    Hi les this is from my handbook…
    The following list provides examples of offences which are normally regarded as gross misconduct:
    Theft or unauthorised possession of company, customers’ or employees’ property
    Fraud or deliberate falsification of records including time recording offences
    Physical misconduct including fighting, assault on another person and ‘horseplay’ Serious bullying or harassment Deliberate damage to property Serious negligence which causes unacceptable loss, damage or injury
    Gross insubordination or persistent refusal to carry out a reasonable instruction
    Serious breach of safety rules and regulations Smoking in a prohibited area
    Attending work under the influence of alcohol and/or illegal drugs
    Unauthorised interference with, or use of, the Company’s information technology or computer systems False statement made at the time of recruitment Disclosure of confidential information Misuse of the Company’s property or name Bringing the Company into serious disrepute

    I got dismissed for potential gross misconduct….they said I nearly put the company in disrepute. ..could u please make it clear for me that was my actions which was potential gross misconduct come under the list…bcos it says in the company handbook (above last on the list) bringing company in disrepute. ..but I didnt …I nearly did…so does my actions come under gross misconduct? ?? Sorry for giving u lots of information here les…thanks best regards shamoon

  • Sue

    my son got a letter about a meeting for his “probationary period” he read it said “this may lead to dismissal” not reading it all as he has ADHD he put his phone on and recorded the meeting , He then stupidly told another member of staff it then went stright back to the manager , then everything started managers came from head office, he was taken for a meeting it then went to another meeting to wich he could have taken another member of staff he didnt as he didnt know them that well, and he was dismissed for “Gross Misconduct ” I feel the term is a bit heavy as going for another job thats not sounding good , it was only a part time ina small the Co-op food store , any thoughts or advice ?? Many thanks

    • lesleyfurber

      Hi Sue, I’m not clear from your message, was he dismissed because he recorded the meeting? Most Employers do not allow this, and if they do they need to be informed before-hand (as they must do to an employee if the employer wishes to record the meeting). Regards, Lesley, Workline

      • Sue

        yes he recorded it and they dismissed him on the grounds of gross misconduct

        • lesleyfurber

          Hi Sue, he will have a right of appeal to his dismissal which it would be worth him doing. The Co-op should have a disciplinary policy which would give examples of what they consider to be gross misconduct. Good Luck. Regards, Lesley, Workline

  • mcbst21@yahoo.com

    hi. i received a call today from hr regarding a situatiin that occurred over a year ago. i was asked if i was ever given my final warning for the situatio.. when i said no that was never brought to my attention…i was asked several times the same question. it was concluded back then that my decisions were due to poor training and i went to a district hr class and signed off as did all other managers. i have not done anything since the first incident and the hr class…does hr have the legal right to give me a formal written and final warning now?

    • lesleyfurber

      Hi, thanks for your message. It would be unusual to give a final written warning a year after the event. You need to either speak to your Manager of HR to try to clear this up. Regards, Lesley, Workline

  • shamoon ali

    Hi les this is from my handbook…The following list provides examples of offences which are normally regarded as gross misconduct:Theft or unauthorised possession of company, customers’ or employees’ propertyFraud or deliberate falsification of records including time recording offencesPhysical misconduct including fighting, assault on another person and ‘horseplay’ Serious bullying or harassment Deliberate damage to property Serious negligence which causes unacceptable loss, damage or injuryGross insubordination or persistent refusal to carry out a reasonable instructionSerious breach of safety rules and regulations Smoking in a prohibited areaAttending work under the influence of alcohol and/or illegal drugsUnauthorised interference with, or use of, the Company’s information technology or computer systems False statement made at the time of recruitment Disclosure of confidential information Misuse of the Company’s property or name Bringing the Company into serious disreputeI got dismissed for potential gross misconduct….they said I nearly put the company in disrepute. ..could u please make it clear for me that was my actions which was potential gross misconduct come under the list…bcos it says in the company handbook (above last on the list) bringing company in disrepute. ..but I didnt …I nearly did…so does my actions come under gross misconduct? ?? Sorry for giving u lots of information here les…thanks best regards shamoon

  • shamoon ali

    Plz reply

    • lesleyfurber

      Shamoon, your company will make their own decisions as to what they regard as gross misconduct, it’s not something I can take a view on. If your appeal is held and the decision is that your dismissal will stand then you may have a case to go to employment tribunal for unfair dismissal. Regards, Lesley, Workline

  • http://www.facebook.com/people/Cape-Gtown/100003728231498 Cape Gtown

    Hi, I had a disciplinary last week Wednesday regarding absence from work, when should they come back to me with their findings? I was told that I would get a copy of the minutes which I am still waiting for?

    • lesleyfurber

      hi Cape, there is no timescale laid down it should be just as soon as possible and reasonable. I would ask them when you will hear. Regards, Lesley, Workline

  • Lee

    Do I have to attend a discipinary meeting if I have been signed off work with stress?

    • lesleyfurber

      Hi Lee, it is advisable to attend if you can, unless your Employer will agree to postpone it for a period. Your Employer can hold the disciplinary meeting in your absence if they choose to although they really should only do this as a last resort. Good luck, Lesley

  • Louis jay

    Hi
    In Work yesterday I had a accident on a forklift truck where a forklift iron mast obstructed my view & I hit a Steel post. This post has been hit several times by other employees & they have been taken off the truck, i expected this action to be taken against me. They then told me today that I would not be able to use the truck (which I expected) but now they are taking me off my job & putting me on a lower grade job pending investigation. I feel they have took my punishment one step further than everyone else where they only was not allowed to use the forklift but they carried on in their job role. Are they allowed to treat me differently & punish my different to others?!

    • lesleyfurber

      Hi Louis, thanks for your message. It’s difficult to say as it’s going to depend on all the circumstances and perhaps they have changed their procedures about how they deal with future incidences like this. Assuming you are asked to attend a disciplinary hearing then you should bring this up there, that you feel you have been treated differently to other employees that have done this previously. Good luck. Regards, Lesley, Workline

  • disqus_64WzFktN67

    Hi i have recently been dismissed from work and have just had my appeal hearing date through,i am wondering can an acas representative be with me at this hearing to help me i have the phone number 08457474747

    • lesleyfurber

      Hi, ACAS are unlikely to provide a representative for you, but you can always call them and ask. Regards, Lesley, Workline

  • disqus_64WzFktN67

    Hi again just wanted to let u now what has happened to me. I have been dismissed for faults with medication,abuse to staff and residents.most of the information on witness statements are from things happening through out last year some statement have things like before christmas this happened and in july sometime this happened the ones that are truthfull had been dealt with by my H.O.C on a verbal informal way the others are lies.These statements that they have put forward none off which have been bought up before.not had any talks about anything throughout the year not even in supervisions no records of meetings with me about any off these.I am so upset with the issues being raised all together know and thrown at me.

  • shamoon ali

    Hi les…I got a call from HR last week monday saying that my appeal has been rejected…HR said that I will get It in writing in a few days…still havent got anything…I feel they didnt investigate and just wasted time…I wanna know that can they give me decision over the phone is this correct procedure. .thanx

    • lesleyfurber

      Hi Shamoon, yes it is ok for them to give you the decision over the phone but they must confirm this in writing too. Regards, Lesley, Workline

  • shamoon ali

    Hi les…now I have no option but take my employer to employee tribunal..I was wondering is it possible for me to get a no win no fee solicitor to help and represnt me for my case? Thanx

    • lesleyfurber

      Hi Shamoon, I have no idea, you will have to do some research on this. Regards, Lesley, Workline

  • http://www.facebook.com/alan.davis.75054 Alan Davis

    A long time ago I had been given a final warning for knowingly falsifying documents at work. No more incidents occurred and I continued in employment with that company for another 5 years. Now an employee in the same company is looking to sue one of the supervisors for bullying and has asked me to give evidence of a fact that everyone on the floor including me knew she was pregnant at a certain time. I do remember that and it is true. However if I give a statement in court. Is it possible for the company to mention that I had falsified documents therefore making me an unthrustworthy witness. Also could they use evidence then against me and sue me for falsifying in order to have some sort of financial comeback if the woman is successful with her case?

    • lesleyfurber

      Hi Alan, I’m afraid I do not know the answer to this. See if you can find a Solicitor who can give you advice about this. Regards, Lesley, Workline

  • Jane Allan

    Hi someone has put a complaint in about me at work but they have said it happend over a year ago the complaint is a lie now my work have told me I could loss my job as its been over a year ive no proof i didnt do it were do I stand

    • lesleyfurber

      Hi Jane, hopefully they’ll be inviting you to a disciplinary hearing to discuss this so at that you need to make it clear that it’s a very long time since the incident and that it is not true; and ask why the complaint was not made at the time but now. Good luck. Regards, Lesley, Workline

  • Kaylie Stanley

    My mum has severe arthritis and has recently returned to work after 2 weeks off (with a doctors note). Since returning to work she has been threatened with a disciplinary due to her time off. This is a big supermarket store, can they do this?

    • lesleyfurber

      Hi Kaylie, thanks for your message. Yes an Employer can discipline someone for their time off sick, but it does seem harsh. They should really be talking to your mum about her illness and if there is anything they can do to help or accomodate this or not. Regards, Lesley, Workline

  • ema6

    Hi
    My company are threatening me with disciplinary action on two counts 1,discrepancies between the rota and overtime claim sheets, ie Rota is different to claim form and even though my electronic clock card matches the claim forms they are claiming fraud!! I understand they may be “slightly different” but 9/10 it was in their favour ie they owe me time back and I always make sure my electronic clocking system matches.
    2. Pre signed invoice documents which has been practise some I began work there 5 years now and never picked up before during financial audits.
    The are determined to get rid of me I think as I’ve put two grievances in over my boss bullying me which they never took seriously.
    My work record is impeccable never had warning or any performance issued etc.
    feel so low about it they are effecting my career.
    Any advice welcome.

    Thanks

    • lesleyfurber

      Hi, thanks for your message. Your Employer has the right to ask you attend a disciplinary hearing if they have grounds to believe you have done something wrong. But at the disciplinary hearing you can tell them if you think their grounds are incorrect etc, and you have a right of appeal if you are unhappy with the outcome of the disciplinary. You also have a right to be accompanied at a disciplinary by a colleague or trade union representative if you think this could help you. If you are dismissed then you may have a right to claim unfair dismissal at an Employment Tribunal. Good luck. Regards, Lesley, Workline

      • ema6

        Hi thanks for your response. I requested my personnel file including my 1-1(supervisions) I wanted to check records married with my recollections. It appears my boss has amended one of my 1-1in her favour but did not anticipate me holding the original document is this illegal. My boss has done this I handwriting and initialled it yet all my 1-1 have been typed and signed by both parties EXCEPT this amended part. This seems to be a witch hunt now. Thanks for any advice

        • lesleyfurber

          Hi, I’m not sure it is illegal, although it is serious if they have substantially changed something. This is certainly something you can bring up in any disciplinary/appeal etc (as you have a copy of the original). Regards, Lesley, Workline

  • disqus_LWYobdLpcO

    Hi I have just been issued a final written warning, Two months after the incedent. I work as a nursery nurse, and one of the parents started coming on to me. We started texting each other, and flirting We had not met outside of work when his partner found out, and came up the nursery ranting and raving about it, the partner wanted me sacked. one of the owners knew about the incedent and so did the manager. We sat down and had an informal chat and that was the end of the matter. I was no longer texting the parent and they never came back to the nursery to pick their child up even though the child is still at the nursery. Now two months after all this happened the second owner has sent me a letter saying i have a final written warning, for gross misconduct and bringing the nursery into disrepute. I have had no formal hearing are they allowed to do this. The warning is going to stay on my record for 10 months are they allowed to do that to me. I feel it is very unfair that it has taken them two months to sort this out without any warning to me that this is the action they were taking. Its completely out of the blue

    • lesleyfurber

      Hi, thanks for your message. It should not have taken 2 months but I can’t say I’m surprised that the nursery have reacted like this. Your Employer, however, cannot issue you with any written warning without first holiday a disciplinary hearing with you, so you have a right to state your side of the situation and also have a right of appeal if you are unhappy with their decision. It is appropriate that a final written warning would stay on your records for that period of time. I would suggest that you write to them to say you are pursuing your right to appeal against the disciplinary warning, as incorrect procedures have been followed that are not in line with the ACAS Code of Disciplinary procedure. Good luck, Regards, Lesley, Workline

  • Cathy

    Hi I have been having problems at work, I have been employed with them for 18 months and asked several times for my contract and job description as they keep increasing my work load. I have had a meeting to discuss the issues and try and resolve them, but the situation remains the same, they state that is the job I applied for, I have asked for help learning a new job that I have been advised to do and was told to include in my normal routine for months and only just got someone training me. on 1 occasion they pulled me in the office as they were incorrectly advised that I had not done my job properly and threatened me with discipline action for something I had not done, last week I was overloaded with work, getting stressed and spoke to my manager asking for help, she told me to ask another member to help, This week I made an error and in front of everyone in the office the boss came and had a go at me, I apologised and felt humiliated, minutes later he came back throw paperwork on my desk and said check they are right as well, I was in the middle of a priority tasks and knowing that he would want an answer straight away, went in his office and asked if I could leave them for now and proceed with the task in hand, he made unfair remarks and I said I am going to hand my notice in, he said give it to me. I got upset and more stressed and grabbed my coat. returning when I had calmed down apologising explaining how I was feeling and that I was stressed, to be told he would have to think about letting me take my notice back and to go home returning on monday for a decision, today I found out he is advertising my job. I don’t know where I stand and feel I have been unfairly treated with a lack of support and communication during work, I have not given a writing notice and explained that what I said was in the heat of the moment due to stress. what action can he take and where do I stand.

    • lesleyfurber

      Hi Cathy, I’m going to e-mail you as I have some questions. Regards, Lesley, Workline

  • Mark

    I had an accident at work which resulted in a knee operation- i was found not to blame for the accident and the company admitted negligence.
    Can I be disciplined for being off absent as a result of the accident as my knee is still swollen with fluid on it ?

    • lesleyfurber

      Hi Mark, yes your employer can discipline you for sickness absence if they consider if excessive or in appropriate in any way; but of course if they admitted negligence for your injury it does seem a bit over the top. In this situation they should be referring you to an occupational health specialist so the specialist can give your Employer their advice about your recovery etc. Hope that helps. Regards, Lesley, Workline

  • sarah

    Hi I came back to work following a 2 week holiday to be confronted by another manager from another store saying he was doing an investigatory meeting about some things that had been said. I had this meeting and was a bit concerned because during the meeting no allegations were made as such.I tried to answer as honestly as I could.At the end I was asked to reread what was written on the computer and then sign the printed copy.Upon recieving the copy I noted I had been misquoted on a few things and it has resulted in making me look bad. The lady who took notes made lots of spelling errors and in some cases no sense in her writing. The statements from the 2 other staff are all they seem to have in way of eveidence and they have been with the company for a short time while I have worked for the company for 10yrs with no problems and the minute I transfer to a new shop this has happened.I have only been there 6 weeks. What can I do.I have sent a letter refuting the allegation and asking if they have any actual eveidence as it seems its just hearsay and I am going to lose my job because of something I have not done. I have been accused of giving my supervisor code to underage staff to allow them to sell alcohol without me being present. I have not done this but they only seem to have these 2 statements from these kids

    • lesleyfurber

      Hi Sarah, if you’ve had an investigation meeting what has happened since? As if they are going to do anything further they should then hold a disciplinary hearing. Regards, Lesley, Workline

      • sarah

        I am having a disciplinary on sunday morning.

        • lesleyfurber

          Hi Sarah, good luck with the disciplinary. You need to give them all the evidence/information you have, that you described above at the disciplinary hearing. Depending on the outcome of this you will have a right of appeal if you are unhappy with the decision. Good luck. Regards, Lesley, Workline

          • sarah

            Had my meeting answered as honestly as possible kept my answers to the point and asked a couple of my own questions.
            At the end my manager said she had to get advice from HR next but I was still suspended on pay and I would get a letter. So now will have to wait.

  • Amanda

    I had taken a man from my care home out one day he asked me to taken him to the bank I did this now he is saying money is missing someone else is going to the bank to get a statement and if it comes backed that he did withdrawn money and it missing can I be sacked but I never had taken it what Can I do as wll I had was the bank statement please held I dont want to be called a thefts

    • lesleyfurber

      Hi Amanda, thanks for your message. If you get called to a disciplinary hearing then you need to give your side of the story and your Employer should really have evidence that the money genuinely went missing. Good luck. Regards, Lesley, Workline

  • becky

    I have been working for a company for 3 weeks and last night they told me at the end of my shift I was no longer employed by them, a few complaints had been made and it was out of thier hands….nothing else was mentioned and no explanation was given. But was told I was still welcome to a refferance and that they were sorry. I dont know where I stand as I feel I have done nothing wrong and they have not given me an explanation.

    • lesleyfurber

      Hi Becky, sorry I have only just seen your message. I’m afraid that really you don’t have many rights here, as you don’t have enough service. Your Employer should not dismiss you without following a disciplinary procedure, but unless the disciplinary policy was contractual (it says so in your contract, so your Employer has to follow it) then there is not much you can do. Good luck. Regards, Lesley, Workline

  • Michelle

    I resigned from my role during the second stage of a performance review. I was also being bullied at work and took 5 days sick leave due to anxiety and depression that the overall process caused. I have now been offered a job in the finance industry and they require in depth credit and history checks before they will formally employ me. One of the questions they ask is if I have ever left work due to or in the middle of a disceplenary process. I’m not sure how I should answer this. It was never referred to as a disceplenary – always as a performance review and performance management hearing. I don’t want to have to answer yes to the question if I don’t have to as I’m worried the job offer will be revoked. At the same time I don’t want to answer no and then be seen as lying if they were to contact my previous employer who answered yes. Can someone please advise what I should do??

    • lesleyfurber

      Hi Michelle, I think it would be best if you answered them honestly – said you left during a performance review but this was not a disciplinary. Good luck. Regards, Lesley, Workline

  • Amy

    Iv recently been sacked from a job that i was for over 6 months, through out this i had one written warning because i was to straight forward with custmers over the bar a few months later i was told that i had improved. Few weeks ago i made a few mistakes that i shouldnt of and they gave me a letter of concern, on sunday 23.6.13 my assiant manager gave me a letter and told me to read it and they would talk about it on the tuesday. Reading this letter it said we had a meeting on the 23rd to discuss the reasons on the letter when we never did they just handed it me, yet the letter was signed by my main manager when it wasnt it was the assisant manager. On the tuesday i came in and had no meeting at all to discuss the letter of concern and the bottom of the letter it said it was not a disaplinary or warning. I was stuck on my with with a trainee a custmer rang in because i asked him polite if he could move round the over side of the bar. I finished my shift at half 11 where my assiant manager sat me down and asked me question and explained it was a investigation not a warning or disciplinary i also told her of the stress im having at work. Yet i still didnt have a meeting about my letter. She said not to go home worrying and stress myself out about the investigation. I came back in on the thursday 5 mins before i started my shift she said they had to terminate my contract as i had a letter of concern 2 days ago and made this mistake. They said they will be sending me a letter I’m still waiting for it to arrive but i personally feel that the way they treated me was out of order and i am going to write to the head of the company about this but the out come i want is to be able to hand in my reservation do you think that this is acceptable to take further?

    • lesleyfurber

      Hi Amy, I assume you mean you are handing in your resignation? When you say take this further, what do you mean? If they have dismissed you then there is no point in resigning. If you have been dismissed you have a right of internal appeal. You do not have a right to take a claim for unfair dismissal to a Tribunal as you have not been there long enough. Regards, Lesley, Workline

  • Avis wood

    I was suspended from work on the 9th of April for shouting at a client I work at a care home I was taken to the managers office she told me there would have to be an investigation but she let me work till the end of my shift then came up to my house on the 16th April to say safeguarding procedures were going to proceed I have been to x3 meetings now I have to go to a disaplinary it’s taken 14 weeks is this a reasonable time and should I have worked till the end of my shift or been sent home straight away

    • lesleyfurber

      Hi Avis, it would be your employers decision when to suspend, taking all the factors into consideration. 14 weeks is a long time to get this far but there may be reasons for that, that I don’t know. Good luck. Regards, Lesley, Workline

  • ewa

    My partner is under investigation of alleged gross insubordination but he did nor refused to follow any reasonable instructions however said to a supervisor why she is always angry and nobody likes her at work. He had already explained he did not mean to say what came out and offered an apology is that a ground for dismissal?

    • lesleyfurber

      Hi Ewa, I’m afraid it could be yes. He needs to use the disciplinary hearing as a chance to give his side of the story and of course he has a right of appeal if is he unhappy with the decision. Regards, Lesley, Workline

  • ewa

    Thank you. The story is that supervisor told him off and criticised him in front of other employees which he found disrespectful ( he was told off for using his phone and told to go back to his workstation) to which he replied you cannot shout at me like that I am not a child and said why are you like this and then started working immediately. Supervisor then came up to him and started picking on him and he felt intimidated and that is how is escalated to what he said. If it will dismissal does he had a chance if he wants to take it to tribunal as he feels he was provoked. Of course he knows he should not use his phone at work and it was wrong but that is not a ground for dismissal? And if he felt he was spoken to in a disrespectful manner it was better to put his point across rather than go and gossip behind supervisors back like other people do. Do we have any chance?

    • lesleyfurber

      hi Ewa, he’d only have the right to claim unfair dismissal if he had the appropriate service to claim it. I can’t obviously say whether this will lead to his dismissal or not – it’s going to depend entirely on the culture in the company, if they have had problems with the supervisor before, if your partner has had any previous problems at work, if they handle any disciplinary properly, what the company regard as gross misconduct, the type of industry and what is allowed and not, and so on and so on. Good luck. Regards, Lesley, Workline

  • Anon

    Looking for advice please. I have been in my job for 5 weeks. I was told that I was dismissed and that they had no reason, just a feeling. I was not given a letter of concern. I had to leave the job that day even though I had not committed gross misconduct. I have not received written confirmation or the right to appeal as I was told I am in my probabtionary period. I was informed in a meeting with the HR guy that dismissed me. Even though I said it was unfair and that I wanted a third party witness it was not granted. Do I have a case of Unfair dismissal? If so, what are the correct procedures? Any advice would be gratefully received. Thanks.

    • lesleyfurber

      hi Anon, no I’m afraid you have not right to unfair dismissal as you don’t have the required service for that or to receive a written reason for dismissal (unless they dismissed you for a reason that is automatically unfair – see details here http://www.freelanceadvisor.co.uk/getting-a-job/how-your-employment-can-come-to-an-end-for-employees/ )

      You may have a claim for breach of contract if your disciplinary policy is contractual – meaning they should have followed the disciplinary process. Hope that helps. Regards, Lesley, Workline

  • stacey

    have a brain condition causing increased spinal fluid short term
    memory loss ( confirmed by occupation health assment ) word finding
    difficulty . left eye sight problems cannot see unless its right under
    my eye and blurred right disks . current going to hearing for being
    fired for attendance management

    Hello i have to attend a
    discipline hearing for sickness 23rd July i have received a copy of the
    letter from my manager to the person holding the hearing my surname has
    been incorrectly spelt this is what it says it states this report
    summarizes the action taken as a result my first name then incorrectly
    spelt second name unsatisfactory attendance and makes my recommendation
    for their future .IS THIS LEGAL and where can i find information to
    show my employer this is incorrect.

    They also have included 3
    of my occupation health reports and have left out the one that says
    damming information IE YOU HAVE ASKED NO QUESTIONS THE CLIENT SAYS
    AMEND DUTIES ARE NOT BEING IMPLEMENTED BY MANAGEMENT )in the middle of
    two of the dates they have included in sending. to the decision maker is
    this legal

    . i have 3 letters staing incorrect dates for the
    backsliding dates ie 10/02/12 to 09/02/13 and 23/02/12 to 22/02/2013
    and on the letter to desion maker 10/02/13 to 09/02/13 is this legal
    we
    had a meeting on 07/09/2013 I which she said it go up for a decision we
    put grievance in as no medical evidence had been sorted. ( Dr has
    given me light duties FOR BRAIN CONDITION. and no
    interruptions no change of pattern or focus Was this meeting legal and
    i was off sick on the 11/09 to 07/10 with the brain condition ( due to
    work
    not addearing to the light duties cert) should this meeting have gone
    ahead where do i stand for them not adeharing to med cert

    she
    then sent it up to a decision maker on the floor in oct where every one
    saw it told me i called the union so she had to recall it

    i had
    put a meeting 19 dec for the grievance it took her till 05/04/2013 to
    make her decision saying its going up for a decision maker i appealed
    also had a grievance in time scale it has taken them from 19 December
    2012 to now ( 10/12 to 12/12 glue eye shut at work i 18/01/13 to
    21/01/2013 infection 24/01/2013 to 24/01/2013 irritable bowel syndrome
    tI had occupation health in 20 dec where they didnt ask any questions
    he recommended that i have a double face to face and two questions were
    asked at this 07/03/2013 march they didn’t do the referral til 22nd l
    February for the face to face was this an unresable delay the grievance
    appeal manger said i had the opportunity to chase the decision but i
    didn’t

    The company also have given an extra 4 days for sickness
    but cannot tell me how they come to this figure: the grievance appeal
    manger the line manager and hrbp have revived this . if this figure has
    changeddo they have to go back to the verbal warning and see if this
    still counts ie the increase dates mean that i wouldn’t have had the
    warning

    i finding it differcult in getting the infor as work require the proff in writing many thanks

    • lesleyfurber

      Hi Stacey, I’m replying to your other similar post. Regards, Lesley, Workline

  • Anon 33

    I have been employed by the same company for 9 years, without ever having any marks against my name, last year I made a complaint about my manager bullying me, undermining me constantly, this was investigated ( by a very close friend of hers) and no evidence could be found. Since that time my working life has gone down hill fast ( she did put on her website’ about someone moaning and you reap what you sow at the time. I have since has staff that I manage and she manages making false allegations of bullying against me, and misappropriation of funds, even though all money is accounted for and the books i purchased are on the shelves, after they investigated this they decided that they were all telling the truth, which are complete and utter lies, but how can I prove they are lying? There has been a conspiracy against me by these staff to push me out of my job. My health declined during this process and i was on stress for 8 months and almost suicidal at one point, as I could not face a disciplinary process I opted to resign and my union secured me a 2 month payment. My position was recently advertised and I found out that 3 of the 5 people making these false allegations applied for my position, the other 2 did not have the reverent qualifications, how convenient. My health is now a little better but I feel now that I have been pushed out of my job for their convenience and have been forced to resign. Do I have a case for constructive dismissal?

    • lesleyfurber

      hi Anon, thanks for your message and I’m sorry you had such a hard time. I would advise you to call ACAS and ask them this question – constructive dismissal is notoriously difficult to prove, but in your situation you may not have anything to lose. The fact that you received a payment to leave may go against your case though, but it would talking to ACAS about this. Good luck. Regards, Lesley, Workline

  • Karl

    Hi i had an injury in work and was off for 6 weeks when i got back to work i was on light duties but my injury was not getting better they also did a disciplinary hearing and i was given a FWW a couple of days later i had to go to hospital again as my injury was not getting any better and the doctor sigined me off for another 6 weeks and said that i need intense physio on my injury i am worried about going back to work because i keeping thinking that they will dissmiss me because i had to go off again with the same injury. Can they dissmiss me for this my record is clean never been off work ill before the injury and have worked for the company 3 years
    Let me know
    Thanks
    Karl

    • lesleyfurber

      Hi Karl, an Employer can dismiss someone if they are not fit to work, but they should consider whether they are able to offer you an alternative job, or if they can make any changes to your current job to help you, before they do this. So yes they can dismiss you, but if they do you have a right of appeal and you may also have a right to take a claim for unfair dismissal to an employment tribunal who would consider if your Employer had acted reasonably or not in the circumstances. Hope that helps. Good luck. Lesley, Workline

  • Mark

    Hi, someone I know is going into a disciplinary saying everyone has been doing what he’s been done for, he’s going into the hearing with names of fellow colleagues who’s done excactly the same thing what will happen to the people on the list? Will they be investigated/disaplinary?

    • lesleyfurber

      Hi Mark, yes quite possibly they will. Obviously it’s difficult for me to tell not knowing the situation/company/circumstances etc – but if he is believed then I would expect the Company to investigate any one else they believe may be doing the same thing. Regards, Lesley, Workline

  • Nitram Llieno

    Hi i was meant to have a disciplinary last tuesday this disciplinary did not happen and it had been a week my manager came back of holiday today and now my disiplinary has been brought back up and re-booked is this legal

    • Nitram Llieno

      i also think she has it in for me as it has been known for her to find one person and make not very enjoyable for them

    • lesleyfurber

      Hi Nitram, yes, if the disciplinary had to be postponed for a reason that is ok. Regards, Lesley, Workline

      • Nitram Llieno

        Is there a time period it has to happenjoy it has been over 7 days and still mot happened

        • lesleyfurber

          Hi Nitram, there is no time period laid down in the ACAS code – it just has to be reasonable. Regards, Lesley, Workline

  • Carly

    Hi, I received a text from my employer saying my p45 was waiting in the office for me I have been there to get it but there is always a reason why I can’t have it. My boss has not said that I am sacked in so many words. I asked him if I was and on what grounds and his response was that it was not up for discussion. I don’t know what to do. I would normally be working tomorrow night but because he hasn’t exactly said that I have been dismissed I don’t know whether to go to work because if I don’t then I am giving him grounds to sack me for not turning up. I have been there for six months and I have not had a warning what so ever as my work is impeccable. He will not speak to me for me to resolve the situation or even give me a reason. Should I still go to work tomorrow as I am not 100% sure if I am even sacked? Any advice is greatly appreciated thanks

    • lesleyfurber

      Hi Carly, sorry about your situation. Basically, if your P45 has been made ready then it sounds like you have been sacked! However, you haven’t got it yet. I would suggest you write him a letter saying that because of his actions you have good reasons to believe that he has sacked you, although he has given you no reasons for this decision. Say you are prepared to continue working until he confirms whether you still have a job or not and until you receive your P45. Hope that helps. Good luck. Regards, Lesley, Workline

  • Annie

    Hi A customer and ex friend of mine came into my workplace and started abusing me. My employer sat through this with me and said nothing. Eventually I asked him do I really need to take this? The customer/ex friend then threatened me while leaving the shop. I told my employer I wasn’t pleased that he didn’t protect me through it all and now he has issued me with a written warning! The only way he will remove the written warning from my record is if I put in writing that I will have no contact with this person at all. I don’t want any contact with them but this person is holding a grudge and is hiding under the guise of a customer to attack me. I cant assure my employer that THEY will stop as im sure getting me sacked from my job is their ultimate aim. All my boss can see is £££’s signs. I’m at my wits end. Can anyone help me?

    • lesleyfurber

      Hi Annie, thanks for your message. At the moment your Employer is responsible for third-party harassment (where you are harassed by somebody else at work several times and the Employer knows about it but does nothing about it), so he does need to take a different attitude. This law will be repealed this year or next though. More details are here – http://www.freelanceadvisor.co.uk/go-freelance-guide/equal-opportunties-and-discrimination-equality-act-2010/

      That might not be very helpful to you at the moment I know. Have you explained all of the above to your Employer that you cannot guarantee anything? Is this something you need to report to the Police? Regards, Lesley, Workline

  • Dave Meakins

    Hi How long after an unsuccessful appeal can you take the matter further?

    • lesleyfurber

      Hi Dave, do you mean to an Employment Tribunal if you have been dismissed? As soon as possible, as there is usually a 3 month time limit to submit the claim. Regards, Lesley, Workline

  • steve

    hi ive been dismissed from my job after 19 yrs on a health and safety grounds with nothing on my record my union rep has said ive got no case to go to a tribunal can i ???

  • Karen

    How long can an employee be suspended for I am now into my 9th week and have been advised further investigations are to be carried out? I am unclear as to why I have been suspended and as I have worked for the Company for 10 years I am very upset with the suspension

    • lesleyfurber

      Hi Karen, thanks for your message. There are no timescales for this I’m afraid, it just has to be ‘reasonable’ in all the circumstances. They should have written to you to explain why you have been suspended and what they are investigating and obviously should let you know the outcome of this. Good luck. Regards, Lesley, Workline

      • Karen

        Many thanks Lesley

  • lynx lynx

    I have been recently told that i will be given a disciplinary for my performance, I am suppose to be on a 4 weekly performance review process but the last meeting i had was in July 26 2013 and now we in september i was called in and told i will be given a disciplinary as i had not improved,I have asked for support on many occassions and it has been like talking to a brick wall,no help given or coaching, Is the employer right to this to me ? And my senior manager has always stated that i don’t get enough support from the deputy mgr so i am confused why they are doing this to me…… Please advise me

    • lesleyfurber

      Hi Lynn, thanks for your message. Your Employer can certainly discipline you if they feel your performance is not good enough. But it is obviously sending you mixed messages if the performance review process is not being done properly. This is something you need to talk about in the disciplinary meeting and explain to them what the senior manager has said (if he/she is not involved in the disciplinary). If the outcome of the disciplinary is not something you are happy with then you would have a right of appeal. Good luck. Regards, Lesley, Workline

  • RuiNinja

    Hi,

    I have exchanged my staff allowance shoes for some boots.(loads of members of staff do this,fact!!!)
    i work in the stockroom and we never forced to hear the staff allowance shoes given to us.(not the same for shopfloor staff,as they need to be trendy ”fashionable”.
    it was the first time Ive done this silly thing in 5yrs,i always hear the ‘past’ staff allowance shoes provided to me.
    it wasn’t in a malicious way.
    the allowance was £75 and i bough trainers (cost £94.99) and i exchanged to a pair of boots cost £230 and paid the difference.
    My reason for it was,
    I have a big range of shoes especially sports shoes. I took the shoes i like the most but thinking im not gonna wear them(because i have so many).
    I am not forced to wear them when working so i exchanged it.
    i didnt steal or hurt anyone. i have asked and beg on my investigation for a second chance.
    I will have my disciplinary hearing on wed.

    my question is ;
    can the company fire me for this? or should i Farly given at least ”final warning” ?????

    Any advice will be much appreciated

    Thank you

    • RuiNinja

      Just to add;
      I have been a supervisor for 4 and a half years in this company.( i work now in the stockroom on my own decision) reason; find a second job.

      i am a trustfully person, open and close shops, have safes codes, managing tills”cashdesk” , banking procedures.
      I never had problems with trust.I am A VERY HARD/TEAM WORK PLAYER.
      If they fire me i would say that ”IT IS NOT FAIR” i gave so much for this company.

      PS; I know for a fact that members of staff have been late EVERYDAY and no actions have been made.

      They dont have any reasons besides the one above to tell me that i have not been performing.

      Its the other way around for all this years ive always said YES to CAN YOU HELP???? never said NO.

      • lesleyfurber

        Hi, I’m going to the e-mail you’ve sent me with the same information. Regards, Lesley, Workline

  • Marcus82

    Hi,
    i have been suspended for suspected gross misconduct on H&S grounds, according to an allegation of union memeber and one statement from another person. I have had an initial investigation and have disciplinary hearing tuesday – for failure to complete an audit. I have recieved no letter of confirmation but have copies of the investigation notes and allegation, also i am unsure into if ive had any relevant training to fill out said form.
    What’s my next step??

    • lesleyfurber

      HI Marcus, sorry for the delay in replying to you, I didn’t receive your message until this morning. I’m not sure what you mean about ‘relevant training to fill out form’ – do you mean the audit form, or something to do with the disciplinary? You should have received a letter inviting you to the disciplinary outlining the allegations being made against you and what the possible outcome could be and that you have a right to be accompanied to the hearing. Regards for now, Lesley, Workline

  • Ian

    Can my employer sack me with me having a sick note and have been there for four and half years

  • Chloe

    On behalf of a friend – She has be contacted by her ASM who has said because she has not banked each day takings on the same day she now faces disciplinary. He proceeded to tell her ‘off the record’ that it would result in dismissal but if she was to hand her notice in straight away she would still get a reference. This is quite a large company. Can they do this? Thank you in advance for any advice.

    • lesleyfurber

      HI Chloe, thanks for your message. Basically no they shouldn’t do this. He cannot force her to resign. Obviously I don’t know how seriously this ‘conduct’ is (in terms of how seriously the company would view it), but he cannot ‘suggest’ she resigns and also if he is saying that this would result in dismissal then he is pre-empting the decision, which is not what a disciplinary hearing/policy is about. It’s obviously her decision what she prefers to do, but she does not have to resign if she does not want to. Hope that helps. Regards, Lesley, Workline

  • Sean

    I have been given a Final Written Warning in a disiplinary hearing 6 months ago but have still not received a letter or an email confirming this. Do i now have a case to get this struck off as they have taken 6 months? The warning was meant to last for 12 months.

    • lesleyfurber

      Hi Sean, thanks for your message. They do need to confirm this in writing to you, but I don’t know whether you have a case to get this struck off your file – you could certainly ask. Good luck. Regards, Lesley, Workline

  • robert

    I have been given a written warning from my employer for something that another employee says that I did without even asking me if this is accurate. Do I have to sign this warning which goes in my file?

    • lesleyfurber

      Hi Robert, thanks for your message. You should not be given a warning without having the chance to give you point of view on the allegations. You don’t need to sign the warning – if you wanted to I would suggest writing your employer a letter to explain that you were not given the opportunity to refute the allegations (you would have a right to put in a grievance also about this, again if you wanted to). Good luck. Regards, Lesley, Workline

  • Sarah

    Hi, did some advice please. I have been dismissed this week, after more than 10yrs as a manager, for gross misconduct. It was a health and safety issue, no one was hurt, I didn’t set out to break this rule and I took total responsibility for the incident. I have never caused upper management any reason to look at my working history before, ever. No poor time keeping, no stealing, no abuse issues, nothing. Everyone I have been able to speak to( other managers etc) , that know of similar situations, have said I should have received a final written warning! Is there any advice or help that you could give me, please. I have not felt this lost before , where my work life has been concerned.

    • lesleyfurber

      Hi Sarah, if you have been dismissed, then you will have a right of appeal within the company, to challenge this decision, and you should pursue that, explaining all of what you have said above. If the appeal does not give you the result you want, then you may have a case to take a case of unfair dismissal to an Employment Tribunal – as your Employer needs to weight up all the information and your good record when making decisions to dismiss. If you wanted to consider a tribunal case then it may be worth you talking to Acas for their advice. Good luck, Regards, Lesley, Workline

      • Sarah

        Thanks for the advice and encouragement.

  • Simon D

    Hello – I need some advice sharpish. I work in a sales company and joined them Jan 5th 2013. Yesterday I received an email informing me that I need to attend a meeting early next week for me to discuss “call reporting irregularities”.
    My manager has been on my back most of the year and has buiiled me some of the time. However, I think I am going to have to admit to making up calls on a day in which I was at home conducting admin duties. Basically I lied about where I was on a particular day, and I think they have evidence to prove this. Although I will admit to this next week I plan to explain that I was pressurised into making up calls simply because I was not being given enough time to carry out my admin duties. However, I still expect to get the sack.
    My question is – as I am keen to hand in my notice before they have the chance to sack me (makes it less difficult to get a new job as they won’t be able to claim they sacked me), can they do this on the day the call me in next week or do they have to give me forewarning of an impending disciplinary meeting?

    Many thanks

    • lesleyfurber

      Hi Simon, thanks for your message. They should inform you before-hand of a disciplinary meeting, but this does not mean they necessarily will (it depends on how well your company handles disciplinary situations). So, it’s up to you regarding the timing – it may be you choose to do it at the meeting, when you are clearer as to what is happening, as most employers would choose to accept a resignation rather than ‘processing’ a dismissal. Good luck. Regards, Lesley, Workline

  • james

    hi i need some advice ive been suspended from work of being accused off swearing on the shop floor and have to wait for a letter to come in post ive been there for 6 years and ive never had any warnings and i have a customer witness to say i havent done such thing.

    • lesleyfurber

      Hi James, thanks for your message. If you have been suspended it is likely to be because they are investigating the situation – but you should have something in writing to confirm this. And then they should write to you again to confirm the outcome of the investigation – whether this will lead to a disciplinary hearing or not. If you are asked to attend a disciplinary then you have a right to call witnesses or get a witness statement from the customer (if they will help) and make sure your Employer knows about this witness. Hope that helps. Regards, Lesley, Workline

  • Chris

    Hi

    I started a new permanent role last week with a 3 month probation The contract says 1 weeks notice during this probation. I was brought in top the office and told I was being let go on 2 counts – 1 was I was the wrong fit – whatever that means – the other is the contract I am working on has too many people on it, caused by the employer not taking into account the TUPEd employees from the previous contract holders. Are they allowed to release me with the 1 week notice or because it is their mistake, is it illegal?

    • lesleyfurber

      Hi Chris, thanks for your message. Basically, yes, if your contract stated 1 weeks notice during probationary period then this is the notice they need to give you. Technically, if they have too many people doing the same job they should be declaring a ‘redundancy’ situation but they have taken the easier option of ending your probation. Does your company have a disciplinary policy, as ending your job even during a probationary period is still a dismissal, and to do it properly they should follow some sort of dismissal procedure. The problem is that you have no ‘unfair dismissal’ rights so unless they are in breach of contract then there is not much that you can do about this. Hope that helps and good luck. Regards, Lesley, Worklin

  • sarah

    Hi – my hubby had a hearing 7 working days ago – he has been suspended on full pay for couple of months now – at the hearing he was told he would receive the minutes of hearing within 4 days and an outcome within 7 days – neither of which has happened and he has not heard anything from anyone – as they stated times and have fallen outside of these – what action do you advise next..? He does have a Union but not being altogether helpful as they saying just keep head down as was a 50/50 case on outcome. This is making husband very depressed now as wants it over with. Appreciate any advice. Thank you.

    • lesleyfurber

      Hi Sarah, thanks for your message. There are no set timescales laid down in law, it just needs to be ‘reasonable’ in all the circumstances. Is he able to call a Manager or HR at work to see if anyone can advise him what is happening? Regards, Lesley, Workline

  • Tracy Finlay

    Hi
    Had a greivance against me which has been withdrawn by the person who put it against me
    I do not know wat the greivance was about do I have the right to know this cis nylons manager is refusing to tell me

    • lesleyfurber

      Hi Tracy, thanks for your message. This is a difficult one because it’s going to depend if there was any confidential information (about anyone) in the original grievance. I think they should give you some idea of what the grievance was about but importantly you need to make sure this information has not been placed on your personnel file. Regards, Lesley, Workline

  • John Lee

    Hi, I have just (yesterday) been asked to attend a Formal Performance Review Meeting on Wednesday (48hours Notice). The areas of unacceptable performance listed (8), i take issue with and can certainly prove that they are incorrect. The worrying aspect is that a potential outcome of the meeting could be my dismissal. As this is the first time that the company has called into question my performance, should the business not be operating its formal disciplinary procedure, by verbal, written warning etc

    • lesleyfurber

      Hi John, thanks for your message. It would be unusual, yes, to dismiss you at the first instance in a proper Performance Review situation (unless this is actually a misconduct issue, which it doesn’t sound like); unless you are in a probationary period where this is allowed? However, Employers should, in the letter inviting you to any disciplinary meeting, explain what the possible outcomes may be…. have they given any other potential outcomes as well? Disciplinary procedures don’t need to follow all the stages in turn, it depends on the seriousness of the issue in question. If you have proof their assumptions are incorrect then you need to show this at the Review Meeting, and obviously you will have a right of appeal against any decision they make. Hope that helps. Regards, Lesley, Workline

  • craig

    Hi. I was told back in sept 2013 that i would get a written warning for misconduct. Im only now just had the letter for the hearing jan 2014 is this legal? Thanks Craig

    • lesleyfurber

      Hi Craig, thanks for your message. There are no timescales laid down in law, it just must be ‘reasonable’ in all the circumstances. Regards, Lesley, Workline

      • craig

        Thanks just one more question. Iv’e been at this company for 14 years now and are paid wkly how much notice do i have to give upon resignation?

        • lesleyfurber

          hi Craig, it’s going to depend what it written in your contract (if you have one).

          The legal minimum notice you need to give your Employer is 1 week (after
          1 months continuous service). If your contract does not give any details (or you do not have a contract) then you must give a ‘reasonable’
          period of notice (1 week or above) depending on how long you have been
          there and what position you hold (how senior you are). Regards, Lesley, Workline

          • craig

            Ok there is nothing in my contract to state a minimum time and im a foreman so one wk should suffice yes ?

  • Amy

    Hi, I work for a domisiciliary care agency as a Health Care Assistant and recently I have been misspaid on 2 occasions. I work only one day a week (Saturdays) and I have only 3 regular clients.
    I emailed the office on a Friday early hours before the office opens to bring the issue up and asking for the misspayments to be resolved. I didn’t get any answer. I got a voicemail from the Area Managed asking me to do some more work because they were short of staff. I was working at the hospital on that day so I couldn’t answer that phonecall and the message left didn’t say anything regarding the issue I brought up earlier so I didn’t bother to call back regarding some extra work.
    On Monday I left a hand written note in the office with my weekly timesheets. The note was saying that I have been misspaid and please make sure that I’ll be paid all what they owe me on the next payday (which is every Friday). I got a payslip via email on Thursday with not only 1/7th of the wage they should had payed me for the previous weeks but also I haven’t been paid at all for a current week. I thought that perhaps there was an issue with the payslips so I waited till Friday to receive my wage. The payslip was right. They payed me only 7% of what they should had. On that Friday morning I sent another email. I explained in the email the whole situation. The misspayments, the previous email and the hand written note. I also wrote that unfortunately at this moment I’m informing them that I’m not going to do any work for you until I’m paid for work I’ve done for them up to date. I didn’t hear from anybody so on my lunch break (because I was working at the hospital again) I phoned the office. I asked if they had a chance to read my emails. A woman said that she doesn’t anything about my emails. I explained her the whole situation again, the emails the hand written note and what the last email said. She put me on hold and my Area Manager took over from there. I explained the whole thing again. He said that they have no emails from me and he doesn’t know anything about the hand written note. I told the Area Manager that I have been using the same email since 2006 and there was never an issue with that. I also said that somebody must have erased them or they have a technical problems. The Area Manager also said that if I’m refusing to go back to work tomorrow, my regular clients would be taken off me permanently. I told him that if this is the way he resolves an issue with an employee being miss payed, there is not much I can do. He asked me resent the emails again. So I did to the same email address + his personal email. By the end of that day my District Manager emailed me that the issue have been addressed and I would be paid for all the hours I’ve worked on the next payday which would be following Friday. On Thursday it received my payslip and all the misspayments have been resolved. I emailed the office on that day (using the same email) “last week I was unable to work because of an issue regarding my wage. I received a payslip and all the misspayments have been resolved. I am able to go back to work. Can you please resent me my rota with my regular clients.”
    I received an email back from a District Manager that my regular clients have taken off me following Area Manager’s advice. But she can take a look with the Co-ordinator to give me some additional clients.
    This email meant that I can work for them but I cant have my regular clients. I emailed them back that I don’t understand the logic of these actions and I advice them to reconsider it because they are, punishing me or my clients by not allowing me to go back to work with them.
    I have been working with them for 6 years and they are very fond of me. I know from other HCA’s that they are upset that they can’t see me. I also know they phoned the office asking for me.
    I didn’t receive any more emails nor phone calls from the office. I decided to email the Director of Care to introduce him to the issue. I said in the email that I had enough to speak with my Area Manager and the District Manager because they are playing little kids in the nursery trying to show who’s got more and better toys. The email has been sent 12 hours ago and I know I didn’t receive any answer by now even that I stated that the issue is urgent and my clients, that are vulnerable people and are upset by not having me as their carer, are expecting me to come tomorrow.
    Please let me know what can I do next. I was going to sign with the work Union but perhaps they are other bodies that I could get in touch with to bring the issue up.

    Thank you and I would appreciate any help.

    • lesleyfurber

      Hi Amy, I’m going to reply by e-mail. Regards, Lesley, Workline

  • Kimberley

    Hello, I was suspended from my job 5 weeks ago due to an arguement with a manager at an event out with the office. He lied and said I aggressively challenged him. All witnesses including himself were drunk and he has lied his way through his statement, whereas I had been sober and related everything correctly. I have just been informed today that I now have to attend a disciplinary hearing. Can this result in dismassal? I previously have a verbal warning on my file from 2 years ago which was unrelated. Thanks! Kimberley

    • lesleyfurber

      Hi Kimberley, thanks for your message. Have you had a letter confirming your disciplinary hearing, as this should give the possible outcomes of the hearing (which your employer is required to tell you before-hand). Whether this could result in dismissal is difficult for me to know – as that will depend on your company and their view on disciplinary matters and what actually is alleged to have happened. You can obviously challenge his statements at the hearing. Good luck. Regards, Lesley, Workline

  • Sarah Thomson-Farler

    Can anyone help I left my company last august whilst On Suspension (I had handed my notice before my suspension) they have just now 7 months later decided to hold the disciplinary meeting. Are they allowed to do this now I no longer work in the company and have no intention of going anywhere near them.

    • lesleyfurber

      Hi Sarah, if they know you have resigned then there is little point in them holding a disciplinary hearing. And there is no reason why you should attend. Regards, Lesley, Workline

  • don

    Hi my partner has been suspended his boss phoned him and told him he has been suspended but wouldnt tell him why he said he had posted a letter explaining which my partner hasnt received yet but his boss has told other colleagues why he has been suspended is this allowed

    • lesleyfurber

      Hi Don, thanks for your message. You would expect the employer to be discreet with his colleagues, but there may have been a reason he needed to explain something (obviously I don’t know). It is something your partner can bring up if he gets called to a disciplinary hearing. Regards, Lesley, Workline

  • emma

    hi am on suspension for theft what happens if i just dont go

    • lesleyfurber

      Hi Emma, if you mean don’t go the disciplinary hearing, then it is likely your Employer will make a decision in your absence. Regards, Lesley, Workline

  • nyt1976

    Hi,

    I have been previously off sick for severe depression returning to work under a phased return just over 3 months ago but whilst there were 4 working days of the previous quarter left to run – under my phased return I actually only worked 8 hours.

    For the last (most recent) quarter I was asked to focus on my procedures to concentrate on not making errors and as a result I didn’t achieve my sales target.

    Prior to my going off sick I had achieved my sales target for 2 concurrent quarters.

    I have today had a performance review and have been told that I am being put on a ‘letter of concern’ for not achieving my sales target for 2 concurrent months – bearing in mind I was sick for all but 8 hours of one whole quarter which they are using as a counting quarter with regards to issuing the loc.

    Upon my return to work from being sick I was immediately given a disciplinary for procedural errors despite my suggesting that I was making the mistakes due to suffering initial symptoms of depression – I was issued a first written warning.

    The loc allows the company to go for a further disciplinary should I not achieve my sales target this quarter. As it stands at the moment I am angry and confused and feel I am being singled out due to my previous time off with depression.

    I am being told that the company can use the quarter I was off sick as a counting quarter towards issuing the loc – is this correct?

    Thanks.

    • lesleyfurber

      Hi, thanks for your message. This is going to depend on what their procedures for the LOC say and what they are including in their ‘concern’. As I’m obviously not familiar with all the details I would see if you can discuss your concerns with them at this meeting. Good luck. Regards, Lesley, Workline

  • Roxy

    Hi,

    Is it normal procedure for my boss to request a meeting (concerning a series of emails regarding a customer complaint) with me and someone from HR but specifically state that I am not entitled to any represntation. Is it normal that said meeting and the reason for it has not been explained to me or any potential outcomes have been outlined either? I have a meeting this coming Friday and feel a little ambushed by it.

    Many thanks,
    Roxy

    • lesleyfurber

      Hi Roxy, no this shouldn’t happen if it is a formal meeting held under the company’s disciplinary procedure. Regards, Lesley, Workline

      • Roxy

        Thanks Lesley. Apparently it’s just a meeting to discuss some concerns over some comments I made in an email. I have been categorically told that this is not a disciplinary meeting and HR are only there to take notes but not to provide input. Can a copy of the meeting minutes be put on my file? Thanks again. Roxy

        • lesleyfurber

          Hi Roxy, yes they can keep the notes on your file but you should ask for a copy. Good luck. Lesley

  • Roxy

    Hi,

    Is it normal procedure for my boss to request a meeting (concerning a series of emails regarding a customer complaint) with me and someone from HR but specifically state that I am not entitled to any represntation. Is it normal that said meeting and the reason for it has not been explained to me or any potential outcomes have been outlined either? I have a meeting this coming Friday and feel a little ambushed by it.

    Many thanks,
    Roxy

  • Hanlie

    I had a disciplinary hearing on friday but it was postpone to today. The woman who called the hearing against me is on her way home and the chairman of the hearing is in meetings all day. The did not give me any notice that the meeting is canceled or postponed. What is my rights. What should i do.

    • lesleyfurber

      Hi Hanlie, thanks for your message. It’s rude behaviour on their part but I’m afraid there’s not much you can do about it really, apart from express your unhappiness about it. Good luck. Regards, Lesley, Workline

  • annonymous

    Hi everyone sorry to bother you but i have a quick question.
    Long story short ive had an accident at work in january this year, ive fallen down a set of stairs that werent of a safe condition. However my employer seems to think the stairs are perfectly safe even though carrying out work on them after the accident occurred an telling me its my own fault.

    Anyways ive had an investigation carried out at work of where they asked me if i have slid down the rails of the staircase on a previous occasion (thinking this id the way my accident happened). I replied honestly and told them yes i have done before but this was not what happened with the incident that occurred where i had my injury. I stated it was very rare i did it and it was over 8 months ago that i had done it an i had been told off at the time when i did it which hence forth i had stopped this an realised the error of my ways.

    Now the investigation has concluded they are placing me on disciplinary procedure at work for doing something i had done 8 months maybe more ago and had been told of at the time for it. But now because ive had an accident they are trying to claim i have done this action again and caused injury to myself. They are doing the procedure because i had done it a long time ago, as stated 8 months+.

    From reading the information above i would’ve thought this is an ‘unreasonable delay’ in disciplinary procedure being actioned against me and being told off at the time of it happening with no other action being taken. I believe they are looking for any reason to try dismiss me.

    Sorry about the long winded story but had to try explain circumstances best i could to get my case across.

    Any help would be appreciated.

    Thanks

    • lesleyfurber

      Hi Guest, thanks for your message. Yes I think you could call this an unreasonable delay. When you have your disciplinary hearing you need to bring this up and also the fact that their investigation has come to the wrong conclusion. You will have a right of appeal to any decision they make after your disciplinary hearing. Good luck. Regards, Lesley, Workline

  • Julie

    Hi all,

    Im on a zero hour contract with a stewarding company who lets people work as stewards for similar companies, my boss believes I’ve been working in an office for another security company and sent me (and a few colleagues) a letter stating their beliefs and that work would no longer be available for me on the company online web portal. They stated I have to provide suitable evidence to prove their accusations wrong. I’m not guilty of what they’re saying but I’ve no way of proving it.

    The letter reads informal, it doesn’t even have a date on, but the action of removing my work is technically a suspension. I’ve called the office and they keep saying one thing one week, then another thing the next, apparently HR are sending a letter with the results but that was two weeks ago and we’ve heard nothing.

    Surely if they’re treating this like a formal disciplinary procedure then THEY have to provide evidence of their accusations? And shouldn’t they be inviting us to formal meetings to discuss the matter? Where is the line on this legally?

    My opinion is that they’re dragging this out till we fall off the system (after 3 months of no work). This has already happened to one colleague and the office now says this case doesn’t involve her as she’s off the system – but she’s off the system due to them restricting/suspending her work.

    Can anyone give any advice on this please, we’re getting desperate!

    • lesleyfurber

      Hi Julie, thanks for your message. Whether how they are doing this is right or not will depend on if you are an employee on a zero-hours contract or a ‘worker’. Workers do not have the same rights as employees. Do you have a contract that you can check that will describe your status and whether the disciplinary policy applies to you or not? Regards, Lesley, Workline

  • Matt

    Hi,

    I recently got suspended with pay from Tesco 3 weeks ago, I have gone through all the proper procedures by going to the meetings and giving my side of the story etc.But they want to give me a disciplinary meeting. After speaking to my rep she told me that there might be a chance I could be dismissed. I thought I’d better apply for some jobs in the meantime and got one. But now that I’ve started the new job I cant attend the disciplinary meeting and will be sacked for being AWOL. My question is – Will I still get paid for the suspension period after being sacked for not attending the disciplinary meeting and being classed as AWOL?

    • lesleyfurber

      Hi Matt, thanks for your message. Can you resign and tell them you have another job? You should be paid for the period you were suspended but they wont’ pay you for the time you have been working elsewhere. Regards, Lesley, Workline

  • Barry

    Hi there.

    I have recently been dismissed from my position in work pending an appeal. While looking for other jobs i noticed my job was advertised, Have they already made their mind up and is there a point in me going for an appeal hearing?

    • lesleyfurber

      Hi Barry, yes you should definitely go to the appeal. They can always withdraw the job advertisement if you are successful. Good luck. Regards, Lesley, Workline

  • Annmarie

    Hi I had an argument with any other member of staff over two weeks ago can I still be disaplined or has it been left to long

    • lesleyfurber

      Hi Annmarie, thanks for your message. Yes I’m afraid you could still be disciplined; your employer needs to act within a ‘reasonable’ time-scale if they are going to consider disciplining you. Good luck. Regards, Lesley, Workline

  • Matt

    Hi, I’ve just received a letter from where I used to work explaining my dismissal. It states that from the 8th April I will not receive any pay in lieu of notice??? I have been suspended with full pay from work for over 3 weeks now, maybe 4. Can you tell me If I will still get paid for the suspension period leading up to the 8th April or have I just lost almost 4weeks pay after being dismissed? Thanks

    • lesleyfurber

      Hi Matt, thanks for your message. You should be paid full pay for your suspension, up until the date of your dismissal. If you have been ‘summarily’ dismissed this is without notice or pay in lieu of notice. Good luck. Regards, Lesley, Workline

  • Kerry

    Hi, I have been asked to attend a disciplinary meeting by my employer. I have been provided with the details of their ‘full’ investigation, which comprises nothing more than a witness statement from a colleague. No attempt has been made to corroborate the complaint or gather proof that I had ever been informed/trained how to correctly do what it is alleged I had done wrong (incorrectly stacked a lorry), however my manager has confirmed that the statement is the full extent of his investigation. Should I attend the hearing and bring up the argument that a fair and reasonable investigation hasn’t been carried out, or should I refuse to attend on the grounds that a fair and reasonable investigation hasn’t been carried out?

    • lesleyfurber

      Hi Kerry, thanks for your message. I would certainly attend the hearing and say this – it’s a bad idea not to attend, as then you don’t get your chance to say this and it could look badly on you. Good luck. Regards, Lesley, Workline

  • sam

    hi, is there any reasonable time for an employer to declare a dismissal and what would be considered as a reasonable time scale (after obtaining knowledge)?

    • lesleyfurber

      Hi Sam, thanks for your message. This is going to depend on the circumstances, if you mean dismiss someone after a disciplinary then they must let you know as soon as possible that you are dismissed. I’m not clear what you actually mean so if you have any further questions then please let me know. Regards, Lesley, Workline

  • James Pearce

    Hello i too was recently dismissed from my position after a ‘failed’ probation period. Is it normal for an employer to advertise and shortlist for a position and then interview for the job just two days after an appeal hearing and expect to be believed when told my appeal failed and the decision was completely unbiased.

    • lesleyfurber

      Hi James, thanks for your message. I think this would be ok as long as it was happening after the appeal hearing and not immediately after the dismissal meeting. Regards, Lesley, Workline

  • guest1

    Hi after some advice please. My partner had an accident at work whilst operating a forklift. He accidentally put his foot on the accelerator instead of the brake whilst reversing, resulting in him colliding with a customer. thankfully the customer was not hurt. He was put on suspension following investigation. He had a disciplinary hearing and will find out if he will be dismissed in a few days. Can he be dismissed for driver error? he is a good worker and never had any problems before. cctv footage clearly shows it was an accident. many thanks

    • lesleyfurber

      Hi Guest thanks for your message. The Company will obviously take this seriously but they need to take into account that it was an accident and that he has had no previous problems when deciding what disciplinary action they will take. He will have a right of appeal which he should use if he needs to. Good luck with this. Regards, Lesley, Workline

  • Steve Danks

    Hi. I am looking for some advice please. I have a displinary meeting at work on Sunday over an incident with a forklift. They are trying to say I shook the forks on the forklift to empty a split tonne bag. Which I did not do. I was advised my a colleague to just lift the forks up to created tension on the bag and then it would split which it didn’t not to start with until he cut a bigger hole. Is this a sackable offence or not. I wish I trusted my own instinct and didn’t do it now but it’s to late. It looks like he is going to get away with it with just a warning. I have never had anything brought against me before and I’m the only one to have a bump on truck or anything. Many thanks look forward to hearing your thoughts

    • lesleyfurber

      Hi Steve, thanks for your message. This is going to depend how seriously the company takes your actions (I’m afraid I don’t have a clue if this is serious or not) and if there were any consequences to what you did that were dangerous/costly etc. The company need to take your previous good record into account when making their decision and the hearing is obviously where you put over your point of view. You also have a right to appeal any decision they take if you are not happy with it. Good luck. Regards, Lesley, Workline

  • kate

    Hi I work in a school and need some advice. My boss verbally agreed me the day off to move house but said this would be unpaid. She has now mentioned that because I took the day off for moving house I will be receiving a disciplinary letter. I am very worried. What will happen here

    • lesleyfurber

      Hi Kate, thanks for your message. That all sounds a bit pointless by your boss really. If she agreed you could take the day off unpaid then you have done nothing wrong. I guess you have no proof of the agreement? You need to make it very clear at the disciplinary what actually happened. Good luck. Regards, Lesley, Workline

  • claire

    Hello, i am just wondering if someone can be sacked for something that happened over a year and a half ago. my husband has just been sacked because he used his colleague discount card wrongly, he purchased something himself, used the discount card and paid for it himself. Apparently he should not put orders through himself and use his discount card. Value of order was around £130. It was commented to him after that transaction by another colleague that he couldn’t do that, he didn’t realise at the time and has never done it since, this was over a year and a half ago, today after 4 weeks of being suspended the disciplinary hearing took place and he got sacked. No written warning, straight dismissal. Can they do that?

    • lesleyfurber

      Hi Guest, thanks for your message. It’s very unusual to do this, the company must have been aware of the situation before, so should have dealt with it before. He has a right of appeal so he should take that and if he has 2 years service he has a right to claim unfair dismissal at an employment tribunal. Good luck. Regards, Lesley, Workline

  • Timeout

    Hi, I am currently awaiting an appeal date for the appeal of my first disciplinary and have now been given a notification letter to attend a second disciplinary hearing. Is this allowed.

    • lesleyfurber

      Hi Timeout – if the second disciplinary is for a seperate/different issue then this is ok; however if it is related to/an escalation of the first disciplinary then no, the appeal to that one should be heard first. Hope that helps, Lesley, Workline

      • Timeout

        Hi thank you for your reply Lesley, I now have an appeal hearing and then a disciplinary hearing on the same day. I was informed that there was to be another disciplinary (3rd) but they have decided to do the second (an escalation from verbal to final written) from the first which I am appealing and the third (a new allegation) together under one alleged policy breach and that this hearing will take place a few hours before my appeal hearing against the first disciplinary outcome. I am so confused as what to do.

        • lesleyfurber

          Hi Timeout, they really need to hear the appeal before they do anything further. Good luck. Regards, Lesley, Workline

  • lesleyfurber

    Hi Theresa, I’m not sure what your actual question was, can you clarify? Thanks, Lesley, Workline

  • Paul

    Hi

    I was placed on a precautionary suspension 12 weeks ago for two issues – alleged bullying and harassment of staff and ‘other matters’ and provided with a letter and documentation which stated it was being carried out under the disciplinary procedure. They dropped the ‘other matters’ 7 days after suspending me, but then kept me on suspension. 5 weeks later they met me and outlined some of the allegations but put nothing in writing. A lot of what they said was vague, lacking in detail, contradictory and going back 2 years. They even asked me if I could remember dates etc. A lot of it was lies, the rest distortions. I then didn’t hear from them for over 2 weeks and they requested a further meeting a week later. They called both of these meetings ‘fact-finding’ meetings. At this second meeting they stated that they had been using the grievance process the whole time for the bullying and harassment allegations, and that the allegations were not gross misconduct – I objected to it at the time and said they had told me it was disciplinary. When I told them about the written information they had given me at the time of my suspension which clearly states it was being carried out under the Disciplinary Procedure, they disagreed, then agreed that they had provided it and stated that ‘That won’t help you, but it’s useful for us to know that for the future’. When I asked why I was suspended they didn’t answer me. A further 4 weeks have passed since the meeting and I have heard nothing more, despite asking them again in writing why I have been suspended if it is a grievance. They also discussed about possibly placing me on Gardening Leave if they lifted the suspension, but can’t tell me why, given that there are other offices I could work from. At the end of the second meeting my Manager openly admitted that she did not know who was telling the truth and that she now wants it to proceed to a full investigation. Can I be suspended if it is a grievance and not gross misconduct? Can they just switch between procedures without telling me?

    • lesleyfurber

      Hi Paul, thanks for your message. This just basically sounds like a mess because they are not clear themselves what they are doing. It is possible somebody made a grievance about you, but they should investigate and suspend you under a disciplinary procedure, not a grievance procedure. The procedures do different things and should not be confused. They cannot place you on Garden Leave unless you are leaving the company (you have resigned or they have terminated your contract) and unless this is allowed by your contract (i.e. Garden Leave is written into your contract as a possiblity that can be used). If they are going to do a proper investigation then they need to do this quickly, as they should have been doing this already and it is taking too long. Good luck. Regards, Lesley, Workline

      • Paul

        Hi Lesley
        Appreciate the reply. People have put grievances in against me but my employer combined it with these ‘other matters’ which they dropped after a week. Five weeks went by and we had a meeting under the Disciplinary Process which matched the paperwork they gave me saying I was being suspended under the Disciplinary Procedure. 3 weeks later we had another meeting and they said that the staff grievances were being carried out under the grievance policy and always had been. If their Grievance Policy does not allow for suspension (which it doesn’t, it directs to the Disciplinary Policy) then surely I could argue that I should not be suspended and they have actually pre-judged the outcome of any grievance by suspending me and labelling it as gross misconduct before carrying out a grievance investigation to determine if there is a case to answer at all? I’m claiming abuse of process, failure to follow policy and pre-judging the outcome as well as wrongful suspension.

        Thanks

        • lesleyfurber

          Hi Paul, obviously I can’t what they are doing as it sounds so messy, but generally suspensions are given to allow an investigation to be carried out; and when you are suspended they should tell you if this may be related to gross misconduct. A suspension in itself is not a ‘sanction’ so wouldn’t be seen as a pre-judgement of the outcome. Good luck. Lesley, Workline

  • Richard

    Hi.
    Today I got a letter asking me to attend a disciplinary hearing next Wednesday but I am on annual leave next week.
    Can my employer insist on the hearing going ahead whilst I am on leave ?. As far as I am aware all disciplinary actions must take place in work time, I am also worried they will cancel my leave when I remind them I am off.
    Please could you shed some light on this situation.

    • lesleyfurber

      Hi Richard, your Employer should rearrange the hearing until when you are there (especially if you are leaving the country so it would be impossible to go). They would need to give you notice to cancel your leave, (2 weeks notice for 1 weeks leave), so I hope they didn’t do this. Regards, Lesley, Workline

  • Dotty

    Hi can anyone help me …. I was getting bullied in work since getting promoted, i told my manager what was happening and she said she would sort it out this was feb this year. April she announced at a staff meeting she was going to sort it out and noone had got away with it. The bullies then panicked and made a group grievance against me with ludicrous allegations. My employer suspended me and I have been for the last 13 weeks. They have paid me 2 days late, underpaid me, not sent me my p60, not invited me to staff meetings. I attended one fact finding informal meeting which my manager decided to use some of it (bits she wanted to use) and she left loads of important info out and use this as my fomal statement although I hadnt been able to check or ammend it. She rung me and said if i accepted a disiplinary i could return to work, I told her no chance as she knows the allegations are lies from people I raised a grievance against for bullying earlier. She then sent me letter inviting me to a disciplinary hearing which could result in instant dismissal. At this meeting I gave a letter stating that as I had a grievance already raised againsst them they could not raise a grievance against me until mine had been dealt with. That was the last I heard off them 12th June. I sent a letter 2 weeks ago asking them to ensure they post my payslip to me as I am not allowed on site while on suspension and they have again suprise suprise ignored me . I believe they are making things as difficult as possible in the hope i get fed up and leave. Oh and the bullies have just handed their notice in. I have only been working for the company for 1 year and 5 months so not able to take them to tribunal for constructive dismissal but what else can I do? I took a grievance out week before last against my manager to the owner but one again have heard nothing. Can I take them to small court for the unfair way they are treating me , breach of contract, unfair code of practise. Please help