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Wednesday, 30 July 2014

Dear Jenny

JENNY NUTTALL has been a qualified employment solicitor for five years and advises employers and employees on all aspects of employment issues. Please contact her for a free initial consultation at j.nuttall@ livingstons.co.uk or on 01229 585555.

Dear Jenny,

Q:I have been working for the same company now for five years and I’ve never been in trouble. But last week I received a letter from my boss stating one of my colleagues has made a complaint about me.

I’ve received a letter inviting me to an investigation meeting and I’m really nervous, I have no idea what to expect. I’m not even sure what that is. Am I going to lose my job?

A:Well, first of all I wouldn’t be able to say whether your job is at risk or not until I had all of the details. But I can tell you that if your employer receives a grievance/ compliant from a member of staff then they are under a duty to make an investigation into the alleged incident.

An investigation will include holding a meeting with all involved and gathering as much information as is reasonable.

This can include talking to any witnesses and taking statements from them, CCTV footage, emails, documents that might be related. It really depends on the circumstances.

If the person conducting the investigation believes that there is a case to answer, then you will be informed and invited to a disciplinary hearing.

You should be given full details of the allegation against you, including copies of statements and documents etc. You should be told that you have the right to be accompanied to the disciplinary meeting by a trade union representative or a colleague.

During the meeting you should be given ample opportunity to put your case forward.

After the meeting you should be informed of the outcome, which can range anywhere from no further action to dismissal. You will then have the right to appeal, whatever the sanction. Your sanction will depend on what has happened.

In your case you do not have any previous disciplinary warnings on your file, therefore if you are found to have committed an act of misconduct, it must be so serious to amount to gross misconduct to warrant summary dismissal (dismissed without notice).

If you would like to have guidance through the whole procedure then please contact me on 01229 585555 and we can always help in these situations. You might also find other articles to help you on our website www.livingstons.co.uk in the employment section.

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