Good Afternoon,I work for recruitment agency, I am site coordinator in bakery.At the moment I am suspended from work. The reason of my suspension is the allegation of theatening an employee with termination of employment.I've asked one of employee to come to work for afternoon shift by phone, he agreed, then after around hour he has send message that he not coming, i,ve tried call him, he did not answer and I've send message that he will receive p45 if not come.that employee receive before a lot of warnings becouse he hasn't show up at work. and also he has been employeed 2 times before with that company-the termiation of his work was that he didn't come for shift.I've work for that company from december 2009 on the temporary basis hourlu pay, but from september 2010 i have basic pay every and still I haven't received contract for employment. I haven't been trained. And now I will have disciplinary hearing.Do they can dismiss becouse of that?What I can do? What rights I have?Thank youMichalina
Province/Country relating to question: London
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Hello and thank you for your question, which I will be happy to assist you with. Please let me know if you are going to a formal disciplinary next?
Yes, I have that disciplinary hearing tomorrow.
Did you actually dismiss the other employee?
I cannot see that you have done anything so serious that the employer can justify dismissal. If this was a one off incident where you told the employee they could face dismissal because of their latest failure to turn up to work, especially when there have been previous incidents, then that could be a justified comment. You should not just make empty threats as that could amount to bullying but a one off incident like this should not result in dismissal for you. If the employer decides to dismiss then this could potentially be a case for unfair dismissal.If your comments were perceived to be bullying or threatening then the other employee can make a complaint against you and this could be dealt in a disciplinary matter but I would say dismissal would be a harsh outcome here.I would be grateful if you could please rate my answer and provide quick feedback. If necessary, I can then provide further advice and guidance as required and answer any specific questions you may have. Thank you
Expert in UK Employment Law
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