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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47862
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I got a doctors line weeks but it stated that I should

Customer Question

I got a doctors line for 2 weeks but it stated that I should do 2 weeks of amended duties instead of being off for the 2 weeks. I found the same sick note online and changed it to state that I should be off for the 2 weeks. I have badly hurt my back and had a small operation a while back to repair it. I didnt want to take any sick pay I wasnt entitled to i just wanted to rest my back. I have been invited to a gross misconduct hearing.
Submitted: 2 years ago.
Category: UK Employment Law
Customer: replied 2 years ago.
I received a 1 month line from the doctors prior stating that i should do 1 months amended duties due to my back and my work gave me the full month off to recover.
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.
Hello ben and thank you for helping. It is coming up to 6 years.
Customer: replied 2 years ago.
Will I lose my job? I am seriously panicking about this!
Expert:  Ben Jones replied 2 years ago.
How did the employer find out you had falsified the note?
Customer: replied 2 years ago.
I am not sure how they found out. I do 100% own up to it but i just dont want to lose my job. It was a stupid thing to do.
Expert:  Ben Jones replied 2 years ago.
The issue here is that you have falsified an official document, you have breached the trust of the employer and even though you may not have come better off by getting extra money, your actions still amount to misconduct. Misconduct is a common reason for taking disciplinary action and it is also a potentially fair reason for dismissal under the Employment Rights Act 1996. It could be a single act of serious misconduct or a series of less serious acts over a period of time. In order to justify that dismissal on grounds of misconduct was fair, the law requires that the employer:{C}· Conducts a reasonable investigation;{C}· Follows a fair disciplinary procedure;{C}· Has reasonable grounds for believing the employee was guilty; and{C}· Show that dismissal was a decision that a reasonable employer would have taken in the circumstances. In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows: 1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be. 2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague. 3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and dismiss. When deciding on whether dismissal is appropriate, the employer should consider the nature and seriousness of the offence and the employee's length of service and disciplinary record. They also need to act with a degree of consistency if other employees have previously been disciplined over similar issues. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning. There is unfortunately an argument that what you did was gross misconduct as it was dishonest and involved the falsification of documents so be aware of that. In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken. If there are any doubts or evidence that the above requirements have not been satisfied, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer. Whether you lose your job is impossible to say at this stage – only the employer knows if that may happen so time will tell but the above are your rights and what would determine the fairness of the process and the employer’s final decision. I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether you need further help or if I can close the question? Thank you