Disciplinary meeting

[Chris71]

I am looking to take me employer to the employment tribunal on a number of breaches. I resigned under constructive dismissal due to my health beacuse of what my employer has put me though taking four months while under suspension to deal with a disciplinary meeting which they said that they would continue with the meeting without me this was four weeks ago and still not heard anything from this .today I sent them a email asking what was happening and why I wasn't paid all my holiday entitlement in my final wage .I got a reply with that the holiday pay was being looked in to but no mention of the any outcome of the disciplinary meeting can any offer any advice .I did raise this as a formal complaint which ACAS said I should do

[Chris71]

I have been suspended from my work by my employer on the 2nd February I had a formal investigation on the 19th of February and then meeting minutes got sent to me by email but on reading them they had been changed that being some of the questions asked but my answers had not been changed I raised my concerns but told that's what was said and they will not be altered to what I said was said . That was the last time my company had contact with me I am on full pay which is monthly but this time length sitting around waiting has effected my mental health and physical health the accusation of I was having a relationship with a client I support is not true and I have denied all the accusations against me . My question is how long can my employer keep me waiting and shouldn't they be keeping in touch with regular updates of what is happening and reviewing the suspension which I know is not needed due to the person who made the accusation and who I was meant to be in a relationship with left the area the very next day after making the accusation this is not a complaint against but just a accusation .

[ULA]

If you have not heard from your employer since mid/late Feb then it is rather a long time without contact not even an update.

You should have received a letter confirming your suspension and in that should have been the name of an individual who would be your contact. I would suggest that you email this person, or if you were not given this detail then the person who carried out the investigation meeting and ask them what the status of the investigation is and when might you hear whether any further action will be taken.

[Chris71]

I was given details of a contact but this is a person not related to the case or HR it's is a charity I work for so they have a big HR department .I was just wondering if anyone know of what sort a time limit they have to deal with this matter the investigation was done on the 19th Feb and told that it would be passed to HR the investigation was not run well and there was comments written in the minutes that I hesitated before answering some question this interview was done over the phone and I was also taking notes so feel the comments are bias ones when the person doing the investigation should not make judgements if I am think rightly

[ULA]

There is no prescribed timescales for an invetigation to take place, however good practice says it should be completed as quickly as possible, allowing for a fair process and if there is going to be a delay in reaching a conclusion then the person on suspension should be kept informed.

[Chris71]

Again thank you for your reply a investigation had been done and I also have had an investigation meeting but that was over a month ago and haven't heard anything from my employer I am on full pay but feel they have now broken the employment contract for not keeping me upto date with what is happening and also failing to review the suspension and again inform me of why the need to keep me suspended from returning to work .this is a very big charity which are world wide so they can say that they don't have the HR in place to deal with this matter

[ULA]

I think your next course of action is as per the last part of my post #2. Which is to write to the contact person named in your suspension letter or the person who carried out the investigation to ask them what the status of the investigation is and when you might hear whether any further action will be taken, given the length of time that has past.

[ULA]

Is this a follow on from your thread on suspension? If so then we need to merge both threads as there is a direct relevance in terms of putting this new thread into context.

[Chris71]

I am not sure how to link the threads together

[ULA]

Done.

[Chris71]

Thank you for your help and hopefully someone will be able to give me some advice and direction

[Chris71]

Hello I was suspended by my employer early this year and was left waiting to hear nearly two months what was happening they took me to disciplinary but due to how they had left me in the dark and not contacted me till I got the letter stating the disciplinary date my mental health had suffered and now need to rely on medication and been advised to have counseling .I resigned under constructive dismissal but they continued in my absence with the disciplinary and said I would have been dismissed under gross misconduct whihc I deny any wrong doing in the disciplinary outcome and notes which again took a month for them to send me I was denied the right to appeal because they said I no longer work for them .should I raise this with the employment tribunal .my claim is for sexual discrimination due the same accusation being made against a female work colleague and no action was taken against her I had raised this in my reason for my resignation and the disciplinary stated there was no record of this but I have just got back the EAT 3 form from my employers solicitor saying that the accusation against the female work colleague did happen I feel they are trying to cover up the information I have given them I never mentioned any names but they have mentioned the work colleague in there reply ?

[echat11]

Clearly there is contradictory information from your employer. No doubt you could ask the Tribunal / female employee to attend the hearing / provide a statement to confirm that no disciplinary action was taken against her by the company for the same offence.

ULA Can you take a look and advise, many thanks.

[ULA]

This new thread directly relates to two previous threads which were merged so I have added them all together. This is really important as the prrevious information is directly relevant.

[ULA]

You cannot just sent correpondence to the Employment Tribunal (ET) in regard to your statement "I resigned under constructive dismissal but they continued in my absence with the disciplinary and said I would have been dismissed under gross misconduct whihc I deny any wrong doing in the disciplinary outcome and notes which again took a month for them to send me I was denied the right to appeal because they said I no longer work for them .should I raise this with the employment tribunal."

You are now in an ET process which has a set of procedures and rules surrounding the continued conduct of the matter. It would be useful for you to familiarise yourself with them and I have attached a link below:

https://assets.publishing.service.go...-procedure.pdf

The process now, will be that a Judge will review both the ET1 and ET3 to see if there is in fact a case to proceed with and if so, given it is potentially a discrimination claim may likely notify all parties of a premlininary hearing (PHR) as the next stage. The details of what will be required to present at the (PHR) will be communicated to you from the ET.

In regard to the specific concern you have raised and I have quoted in this post then you will have the ability to raise this, however it would potentially be done via a witness statement that you will need to produce during the course an in any event it will be need in advance of any Final Hearing.