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Disciplinary hearing

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  • Disciplinary hearing

    Hi this is my 1st post and just looking for a little advise. I'm due to attend a a disciplinary hearing for alleged serious negligence regarding my work.now I've been stitched are like a kipper by my so called college's . My question is on the letter they have sent me it says.. Please not due to the seriousness of the allegations s against you you may be issued with a final written warning. So now they have said this and I have it in writing they can't go ahead and dismiss me?? I have no previous warnings on file either.i would just like your opinion has even tho letter states this I'm still a bait paranoid they will try and dismiss me
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  • #2
    Re: Disciplinary hearing

    Did they state gross misconduct/negligence in the letter, or serious misconduct/negligence. If the latter, then no they can not dismiss you as doing so would be unfair, unless they can prove the allegations amounted to gross misconduct under their disciplinary process! Though if during the disciplinary process they change it to gross misconduct, then that be a different matter!

    There's a difference between serious misconduct and gross misconduct. See this thread for more details - http://www.legalbeagles.info/forums/...ated-penalties
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

    Comment


    • #3
      Re: Disciplinary hearing

      No does not say gross misconduct. Does mention negligence and serious negligence but in different parts of the letter. And how could they change it to dismissal has I'm defending myself against a written warning has stated if letter. If they were to change it during the hearing to would be unfair?

      Comment


      • #4
        Re: Disciplinary hearing

        Originally posted by richard2399 View Post
        No does not say gross misconduct. Does mention negligence and serious negligence but in different parts of the letter. And how could they change it to dismissal has I'm defending myself against a written warning has stated if letter. If they were to change it during the hearing to would be unfair?
        If they found during the investigation that you had committed gross misconduct and had grounds to belief you had committed gross misconduct then yes they can change it and dismiss you.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #5
          Re: Disciplinary hearing

          Ok but they have compleated there investigation hence why they have invited me to a disciplinary hearing

          Comment


          • #6
            Re: Disciplinary hearing

            Not necessarily, as depending on what is stated in the hearing, they may need to adjourn the hearing and investigate further and then hold another hearing meeting with you!
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: Disciplinary hearing

              I can't see then doing that has it to do with missing work process at work. Statement from witnesses saying I do it all time but wen asked on specific dates on wen I was doing this they couldn't give one

              - - - Updated - - -

              Witness statement seems abit unreliable to me all 3 witness said sqme

              Comment


              • #8
                Re: Disciplinary hearing

                Just wanted to note I've been working for the company for 3 years in September. If anyone could read my thread a get back to me with more advise on my situation I'd be very much greatful

                Comment

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