Legal Question in Employment Law in United Kingdom

Disciplinary Procedure

Hello,

Could anyone please advise me regarding the following:

I have been accused of gross misconduct in respect of breaches of H&S in my job.

1. I was suspended without details of the accusation.

2. I was later invited to an investigatory meeting without details of specific accusations or supporting documentation/issues prior to the meeting.

3. I have been certified sick and have tendered my resignation (1 mnths notice req'd) but am now req'd to attend a disciplinary hearing with a recomendation of dismissal whilst sick and during notice period.

My questions regarding the above are:

1. Have employers followed stat requirements in point 1 above?

2. Should I have been provided with info prior to point 2 above?

3. Is it OK for them to proceed with disciplinary and poss dismiss me whilst sick and during notice period?

4. I am threatened with obligation to include details of disciplinary and outcome on any reference - is this correct?

The hearing is planned for Tues 14th. Any advice or help would be greatly appreciated.

Many Thanks.


Asked on 3/12/06, 2:37 pm

1 Answer from Attorneys
Andrew Dutton Legal -Zone

Re: Disciplinary Procedure

I am sorry to hear of the way you have been treated by your employer. I do not know the details of the alleged conduct which has lead to your dismissal, but am most surprised that a breach of Health and Safety regulations should be considered gross misconduct warranting a dismissal. With regard to the questions you put:

1.No. it is essential that you be provided or with full details of the allegations against you in order that you might properly answer them. 2. see above. 3. you should not have been dismissed until the disciplinary procedure had been completed. This cannot be done whilst you are sick and unable to deal with the matter. 4.yes. Any reference given by an employer must be correct and complete.

Please let us know if we can help further.

Andrew Dutton

www.legal-zone.co.uk

[email protected]

Read more
Answered on 3/14/06, 9:12 am


Related Questions & Answers

More Labor and Employment Law questions and answers in United Kingdom