How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jenny Mackenzie Your Own Question
Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6259
Experience:  Over 10 years experience in general legal matters
Type Your UK Law Question Here...
Jenny Mackenzie is online now
A new question is answered every 9 seconds

Hi I have been invited into an investigation meeting re my

This answer was rated:

I have been invited into an investigation meeting re my suspension. This meeting is planned for tomorrow but as of yet and i have advised our HR manager that i have not recieved the letter with the reports regarding the suspension. This was on Saturday and she said she would e-mail the letter and the reports which i did recieve on Saturday evening. I have since spoken to the lady who the HR Manager said she asked to send the letters to me and she has stated she did not send the letter and only put my address on and sent it back to HR for them to send. So my question is this, am i within my right to reschedule the investigation hearing tomorrow to another day as i have not had enough time to view the allegations and prepare for the meeting? and what would be a reasonable time to ask for an extension? when i mentioned this to the HR manager on Saturday she said lets do the meeting on Tuesday ( tommorrow) and then we can arrange another. I do not feel happy with this but would like to know where i stand from a legal point of view.


The law does not require time to prepare for an investigation meeting, only for a disciplinary hearing so to that degree there is nothing wrong in what your employer is doing.


If however you are dismissed without receiving an adequate investigation, then you may be able to claim that the dismissal itself is unfair on the basis of an unreasonable investigation.


So if you are not ever allowed access to the information as part of the investigation then it will assist you in an unfair dismissal claim.

I would be grateful if you would press ACCEPT if you have found my answer useful. I will then leave your question open to answe your follow on questions for free.

Customer: replied 6 years ago.

They are claiming Gross deriliction of duties. However i have never in three years been furnished with a contract or job describtion and the contract they are claiming i have not kept on top of has never complained of the service level they have recieved and i have been concentrating on the contracts with probelms and complaints. I think they are being totally unresonable infact another senior manager is currenlty taking them for unfair dismissal based on the excessive hours we are/have been working i.e 12/15 hours a day and phones must be on 7 days a week. So my next questions are:

if i resign before the DP ( which i am sure even after the investigation meeting) they will proceed too can i then resign and claim one months notice and also ask for payment in leiu for weekend/bank holiday working? I have never had any DP with them in three years and have been an extremely loyal and hardworking member of staff. I do feel i can take this all the way but wan't to walk away with a reference and basically move on with the best leaving package i can. I llok forward to your advice

Can I ask a couple of background questions how long have you worked there and have the specified what the gross deriliction is? Has there been a previous issue with your performance?


Please press ACCEPT If I have answered your original question. I will then answer your follow on questions for free.

Customer: replied 6 years ago.
i have worked there 3 years and no they have not specified what this is appertaining to other than the fact i have not been to the site since May ( the site has been sold to another client who is not happy with the standards of cleaniness in this hotel but the previous client never complained and as they passed the audit back in May and there has been no complaints since i had to look at the sites where there was a probelm. Also our PR department have also had positive reports the last one being the 31st Aug 2010but i have never had clear instruction on how often i visit sites where my Operations managers are responsible for. I have never faced any DP process for performance apart from a letter of concern regarding deadlines for H&S reports that were submitted late from my management team and all senior managers recieved one however again this was the first time in three years because no previous written procedures were in place by the company.. hope this helped

If you are up on a gross misconduct charge (which you are) and you resign then the danger is that they will go ahead with the gross misconduct hearing in your absence and you will not receive the full month's notice pay.


If I were you I would stick with it and appeal against your dismissal (if you are dismissed).


Unless you received a clear instruction to attend this site on a regular basis I think that your dismissal will be unfair and you will be able to claim unfair dismissal at the employment tribunal. Your best argument is that it is a performance issue 'dressed up' as a gross misconduct issue and that dismissal is unreasonable in the instance of a first performance issue.


I would be grateful if you would now press ACCEPT as I am not otherwise credited for the time I spend answering your questions.

Customer: replied 6 years ago.
So just to be clear.. I can tomorrow state your third paragraph.... and see what they respond to this...?

You can, they may well insist it is gross misconduct, if they do it will be the employment tribunal who will be the ultimate judge.


Please press ACCEPT now, so that I can be credited for answering your question.

Customer: replied 6 years ago.
Another point... Could i resign tommorrow and raise a grievance for constructive dismissal? In your expert opinion what cause of action would you reccomend? i do believe they are jsut trying to save money and get rid of me as they have previous senior managers.

I don't think constructive dismissal is a good idea, it is much more risky than unfair dismissal and harder to prove. I would run with it and be dismissed it is much easier to claim then than it would be by resigning.

Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 6259
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and 2 other UK Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    Over 10 years experience in general legal matters
  • Matthew J's Avatar

    Matthew J


    Satisfied Customers:

    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • Stuart J's Avatar

    Stuart J


    Satisfied Customers:

    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • Clare's Avatar



    Satisfied Customers:

    family solictor with 25 years experience
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor