Disciplinary and Performance Issues – FAQs

Disciplinary and Performance Issues – FAQs

Listed below are some questions we are commonly asked:

I don’t agree with my dismissal, what should I do?

Your employer should have given you a right of appeal and this should be your first step. Check your employer’s procedure, because very often the appeal has to be submitted within a deadline.  If you miss the deadline you may still be able to appeal but you should take advice from our employment solicitors.

Your appeal letter is important, because it should set out the reasons why you think your dismissal was unfair. Gotelee’s Employment Team are very experienced in helping individuals prepare their appeal letter, to make sure that it is presented in the strongest way.  Your employer should hold an appeal hearing and we can help you prepare for that as well. We have assisted a number of employees to appeal successfully, because of the strength of the points we have advised them to make.

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

 

I have been asked to attend a disciplinary meeting, who can I take with me?

You can ask to have a work colleague or trade union official with you. Check your contract of employment and your employer’s disciplinary procedure to see if they allow others to attend disciplinary hearings (for example a family member or a friend).

It is very uncommon that employers will allow you to be represented by a solicitor.  If you have been accused of a very serious allegation which could prevent you from working in the same career or profession, you may be entitled to be accompanied by a legal representative.  Take advice from our employment solicitors.

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

 

My employer has dismissed me, what am I entitled to?

Unless you have been dismissed for gross misconduct, you will be asked to either serve your notice period or to be paid in lieu of your notice. The minimum notice you must be given is one week for each year of service capped at 12 weeks, or the period set out in your contract, if that is greater.

You will also be entitled to be paid in lieu of any accrued holiday entitlement that you have accrued but not been able to take.

If you have been made redundant, then provided you have at least two years’ service, you will be entitled to a statutory redundancy payment, which is calculated against a formula, based on age and length of service. There may also be a right to an enhanced redundancy payment if your employer has such a scheme in place.

If you feel that your dismissal was unfair you should take advice from Gotelee’s employment solicitors as you may be entitled to claim additional compensation.

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

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