Employers regularly take disciplinary action against employees. Often the outcome is a warning. However, in serious cases a final written warning may be given. The ultimate sanction will be for gross misconduct, whereby your employment can be terminated immediately without payment or payment in lieu of notice.
Facing disciplinary allegations is often incredibly stressful but our Employment Law solicitors are well placed to advise you on the best course of action, and how best to respond to the allegations you face.
You may not be able to take the risk that your employer makes a finding of gross misconduct against you leading to dismissal because of the impact on your reputation and therefore your ability to secure another job. However, if you wish to defend allegations, the disciplinary procedure is your opportunity to do this and our employment solicitors are well placed to give you the best advice and help you ensure your position is protected.
Employment Tribunal claim
If you are dismissed and you subsequently pursue an Employment Tribunal claim, the case that you advance at the internal disciplinary may be crucial to your position at Tribunal, so it is important to think ahead to ensure that nothing is said or done that ultimately compromises your position. Our employment law solicitors will be able to ensure correct procedures are being followed and that you advance your case in the best and most effective way throughout the disciplinary procedure. We will also identify whether there might be any form of discrimination present in the allegations being made against you and, if so, we can advise on how you deal with those with your employer.
Dismissal for gross misconduct
If you are dismissed for gross misconduct, you may have a claim for unfair dismissal and wrongful dismissal (assuming no notice is paid or given). Our employment solicitors can analyse your case and identify the strength and value of these and any other claims you may have. We can provide excellent representation for you at an Employment Tribunal or in negotiating any Settlement Agreement you enter into in with your employer.