Work Suspensions and Disciplinaries

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Suspension is not a neutral act. If you, as an employee are suspended without reasonable and proper cause, this could give to rise to a claim by your, against your employer, for constructive and unfair dismissal.

If there are grounds that may give to discplinary action, you could be asked to attend a disciplinary hearing.

In order to prepare for a disciplinary hearing, you are entitled to gather evidence to defend the allegations against you and/or prepare and supply a written statement to your employer at (or before) the hearing.  You are entitled to see the evidence that your employer intends to rely upon before the disciplinary hearing in order to prepare your response to the evidence.

You are entitled to take with you to the disciplinary meeting, a trade union representative as defined in the Employment Relations Act 1999 or a fellow employee.  You are not generally entitled to take any other person to the meeting unless it is agreed by your employer. Your employer must permit your companion to address the hearing to put your case, to sum up the case, to respond on your behalf to any view expressed at the hearing and to confer with you during the hearing. Your employer does not have to allow your companion to answer questions on your behalf.

Following the meeting, your employer must come to a decision as to whether the allegations are upheld and, if so, what sanction it should apply. It should then communicate this in writing to you. If your employer decides that the allegations are upheld, it must give you the opportunity to appeal. If you want to appeal you should normally write to your employer stating your grounds of appeal. Your employer should then arrange an appeal hearing and following the appeal hearing, communicate the outcome in writing to you.

We can help you by assessing the evidence against you and advising of any claims that have arisen or that will arise if your employer elects to dismiss you. We can give tell you whether your employer has been fair in bringing the allegations against you and help you defend the allegations against you.

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