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Jenny Mackenzie
Jenny Mackenzie,
Category: UK Law
Satisfied Customers: 5172
Experience:  Over 10 years experience in general legal matters
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Hi I have been invited into an investigation meeting re my

Resolved Question:

Hi
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.

Thanks
Submitted: 3 years ago.
Category: UK Law
Expert:  Jenny Mackenzie replied 3 years ago.

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 3 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

Expert:  Jenny Mackenzie replied 3 years ago.

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 3 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
Expert:  Jenny Mackenzie replied 3 years ago.

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 3 years ago.
So just to be clear.. I can tomorrow state your third paragraph.... and see what they respond to this...?
Expert:  Jenny Mackenzie replied 3 years ago.

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 3 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.
Expert:  Jenny Mackenzie replied 3 years ago.

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: 5172
Experience: Over 10 years experience in general legal matters
Jenny Mackenzie and 2 other UK Law Specialists are ready to help you

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