Are you subject to a work suspension or disciplinary action?
If you have been suspended without good cause you may be able to claim constructive and unfair dismissal. If your employer has asked you to attend a disciplinary hearing this could lead to disciplinary action.
What is the process for disciplinaries?
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 will be using before the disciplinary hearing so you can prepare your response to it.
You may take a fellow employee or trade union representative with you to a disciplinary hearing. Your companion can address the hearing, put your case, sum it up, and respond on your behalf. Your employer does not have to allow your companion to answer questions on your behalf.
Your employer must decide whether the allegation is upheld and, if so, what sanction they should apply. This should all be communicated to you in writing and your employer should give you an opportunity to appeal if you wish.
If you choose to appeal, you must send grounds of appeal to your employer. There will be an appeal meeting and again you are entitled to be accompanied by a fellow employee or trade union representative.
A further investigation should be carried out by your employer taking into account the grounds of appeal. Again, you will receive an outcome letter stating whether your appeal has been successful.
How ELS Solicitors can help
Our experienced employment law solicitors can assess the evidence against you and advise of any claims that have arisen or will arise if your employer chooses to dismiss you. We can tell you if your employer has acted fairly by bringing allegations against you and help you defend them. We will help you through the process and advise you of your rights to compensation.