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.
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.
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.
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.
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.
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