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Linkedin Twitter Facebook. Download an appeal letter template for employees Download disciplinary appeal letter templates for employers Acas Code of Practice on disciplinary and grievance procedures. Did you get the information you need from this page? Yes No. If you are thinking of pursuing a claim at the Employment Tribunal, you need to keep in mind that there are strict time limits for claims which run from your last day of employment even if you have submitted an appeal.
Alternatively, if you would like more information about Employment Tribunal claims, please visit our blog at www. Tags: appeal claim disciplinary employment solicitor employment tribunal Gross Misconduct immediate dismissal lincs law employment solicitors sally hubbard Summary Dismissal. Employers Employees Settlement Agreement Mediation. Employers Employees Settlement Agreements Mediation.
Email: contactus lincslaw. Fill in your details below for a free, no obligation, consultation. Phone Number. Email Address. This can be either gross negligence or a deliberate act by the employee, where the employer is then entitles to dismiss the employee with immediate effect and without notice. If the employer has clearly outlined what constitutes as gross misconduct in advance, they have a much firmer grounds for defence.
You could be facing a suspension with full pay if you are facing a gross misconduct allegation, pending investigation. Dean took on my case on a no win no fee basis. Dean is top class,help me every step of the way always there with any question I had and got me the best result highly recommend. The service was absolutely brilliant. Dean Morris is awesome he took on my case on a no win no fee basis in a time of despair in a legal matter against two giant cooperates and got me the result I wanted.
I am grateful for the excellent work he has done on my behalf and I would definitely recommend him and his legal team. The purpose of an investigatory meeting differs from a disciplinary meeting, in that it is used to gather available facts. Therefore it is not part of the disciplinary process as such, however you will be able to clarify any matters of concern and explain your conduct.
Based on your response, the employer will then decide if disciplinary action is necessary or whether further evidence is required — leading to a second investigatory meeting. You employer may appoint an individual to act as investigator usually another member of staff , whose role is to consider all evidence and produce a report. In more complex cases of gross misconduct, where another member of staff is unsuitable or there are a lack of resources, the employer can appoint an external investigator.
Wherever possible, the investigator should not be involved in the original conduct being investigated. When considering whether dismissal was fair, a tribunal will take various factors into account, including:. The most fundamental aspect, even though all of the above points are important, is whether your employer had reasonable grounds for believing, and genuinely believed , that you are guilty of the misconduct at the time and that adequate investigation was carried out at the time of those beliefs.
Please note — an employment tribunal does not have to consider whether you were actually guilt of the misconduct or not — but whether your employer had reasonable grounds for believing that you were guilty.
This depends on any variation of the circumstances of the various employees. If there are no differences in the circumstances, a tribunal would need to consider whether if was reasonable or not for one employee to be dismissed and not the other.
It is generally difficult for the employer to give sufficient reason as to their inconsistency. Dismissal is very likely if there is a large amount of evidence against you and your employer has instigated disciplinary proceedings.
Even without necessary evidence, if your employer has chosen to proceed with disciplinary procedures, dismissal is still the likely intended outcome. The question of whether you should resign prior to being potentially dismissed is one that is often asked. The matter of fact is that resignation will often be construed as guilt by your employer. You are also forfeiting your opportunity to defend your position or make any appeal against dismissal. Not only this but you are potentially putting yourself at risk if in the future if your employer decides to disclose to any future employers that you resigned after facing a gross misconduct allegation and any pending disciplinary proceedings.
You should investigate the incident and give the employee a chance to respond before deciding to dismiss them. An informal discussion may be enough to resolve the issue if the misconduct or underperformance was a one-off and the employee has a good disciplinary record.
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