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Dismissals and Disciplinaries
If you have been sacked or are facing disciplinary action by your employer, you may not know what your rights are and feel daunted by the prospect of trying to defend yourself effectively.
If you are within the first year of your employment (or first two years if your employment started on or after 5 April 2012), you may be vulnerable to being dismissed without having the right to challenge it in a Tribunal. But there are a number of exceptions to this rule (depending on the circumstances), where protection applies from the first day of employment.
The employer should follow a fair procedure before dismissing or disciplining an employee. The procedure will vary according to the circumstances and the seriousness of the matter and according to whether dismissal is contemplated or some lesser punishment. This procedure should include a proper investigation into the facts followed by a fair hearing before any decision is made. If your employer does not follow the procedures properly or punishes you too severely, it may be possible for you to bring a claim. Our Employment Team can help you do this.
It is important that you too follow the appropriate steps yourself when being subjected to disciplinary action such as attending meetings when required and appealing decisions when necessary. You are entitled to ask a colleague or trade union representative to accompany you to disciplinary meetings and appeal hearings. The law is a minefield in this area but our team can advise you where you stand and help you to take the right steps to protect or assert your rights.
Head of Employment & Intellectual Property
Snr Associate Employment & Dispute Res
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