delaying disciplinary hearings

xyz111

Hi if employee doesn’t think that investigation has been completed satisfactorily and their view has not been taken onboard completely and possibility of misconduct has not been taken onboard and too hastily its been concluded to gross misconduct then what are the options available to employee before going to hearing.. 

2. if employee fall off sick then can they request hearing to be at alternate date in near future 

thanks

JGB1955

How long has the employee been employed?

turnitround

Depends which job you are asking about as OP has 2 full time jobs and is suspended from both so now considering trying to get sick pay.
misconduct or gross misconduct — MoneySavingExpert Forum

xyz111

less than 2 yrs 

elsien

A quick recap on the other thread. OP has been doing two full-time jobs simultaneously for about a year and a half, during which time he said he had no problem at all in delivering the work to a satisfactory standard. 

However now his employers have become aware of this and both have started disciplinary processes,  he is planning to go off sick for as long as possible claiming stress and fatigue during the disciplinary process.

 ETA, the employer should see what adjustments they can make to the disciplinary process to allow you to attend. They can request an occupational health referral. They can ultimately do the disciplinary without you.

In what way do you feel that the investigation has been unfair, given that you do acknowledge you have been working two jobs together, which is at the root of the issue? 

Dakta

If you have a reasonable reason to delay the disciplinary i.e genuine sickness then you can ask the question. I expect they will see through delaying tactics - they do have the option of holding the meeting in your absence. 

A grievance may delay a disciplinary if appropriate, or it may be heard all together if related and appropriate.

Finally, how do you intend to raise a grievance to say gross misconduct has been concluded too readily to delay the hearing, whose purpose is to make that conclusion? Unless youve had the hearing, youre being investigated. If youre going to a hearing then its because they feel theres a case to answer but still nothing is concluded. The hearing does that

You're playing a game with no cards, bad intentions and no clue how to play the game. You need to start doing things right. 

If you do have a defense, mitigations etc then of course have the right to have these heard - if it was tge cade you weren't then thats sort of where things need to be raised because everyone shoukd be heard 

Jonboy_1984

Last major case at work had external HR support. They delayed meeting twice due to employee reporting sickness and then carried on the third date in the employees absence.

They subsequently had the right of appeal, but didn’t pursue it.

xyz111

my employment contract says i need to place a minimum of 12 weeks notice as i am outside probation. Does it mean i can leave more notice, say 24 weeks.. 
thanks

xyz111

the contract does not mention less than or more than 2 years notice.. thanks

Ayr_Rage

@xyz111 if they have EMPLOYED YOU for less than 2 years I believe they can dismiss YOU without notice.

elsien

xyz111 said:

my employment contract says i need to place a minimum of 12 weeks notice as i am outside probation. Does it mean i can leave more notice, say 24 weeks.. 
thanks

You can ask. They can refuse.