When does notice of hearing start from?

[Wodniw]

Does notice to attend a disciplinary start from when your employer sends the notice or when you receive the notice?

I was away on holiday when the notice was sent recorded delivery to me. I returned home on the date of the disciplinary which was also my first day back at work after my holidays. It was just luck I was handed the letter before I went to sleep or I would have been at home asleep while the hearing was taking place. I did manage to get it postponed but they kicked off holy hell because Id left it just hours before the hearing to do that. They knew I was away but still insist I was given sufficient notice.

[teaboy2]

Re: When does notice of hearing start from?

Were you suspended, was their an investigatory meeting prior to you going on holiday?

As for employer being aware of your holiday, had you booked the time off work for it? If so, then they have acted unreasonable in knowing you were on holiday and therefore the notice given is unreasonable and deemed as not being sufficient notice!

Were you also informed of your right to be accompanied in the letter?

[Wodniw]

Re: When does notice of hearing start from?

Hi

There was an investigatory meeting the day before I went away on holiday. I was not suspended. I had booked the time off a month in advance and the person who sent the disciplinary letter was the same person who signed off my holidays and does the rota. So they knew I was off on holiday. The invite letter followed all correct guidance.

[teaboy2]

Re: When does notice of hearing start from?

Ok well they have no grounds to complain then. keep the letter though as you will need it to sure employer acted unreasonably if things turn nasty, same for evidence you may have that you were on holiday.