Don’t Just Accept A Disciplinary Sanction
My client sought advice after he was unfairly demoted, suffered a pay cut and was forced to relocate by his employer. Read this post to see how I assisted my client get the disciplinary sanction quashed, along with reinstatement into his role, back pay and a pay rise.
Mr X came to see me after he was given an unfair disciplinary sanction following serious allegations. During his consultation with me, Mr X provided me with details of the allegations, along with the investigation pack provided by his employer.
Given the serious nature of the allegations, my preliminary view was that the disciplinary sanction was not unreasonable. However, I spent a long time with Mr X going through the evidence page by page and listening to his responses. From his responses to me, it became clear that my client’s evidence had been overlooked by the employer.
I advised Mr X that he should not accept the disciplinary sanction and should submit an appeal urgently. I explained that his appeal would need to be incredibly detailed and he would be required to include as much information as he could to refute the allegations against him. Mr X instructed me to draft his appeal on his behalf and in the first instance it was rejected.
Given the very serious nature of the allegations and the impact on my client’s long-term career prospects, I did in this case, advise my client to pursue certain claims before the Employment Tribunal. These claims included sex discrimination, and a less common claim of unfair dismissal on the basis of having been dismissed in law from his previous role – to the extent that the demotion represented a dismissal.
The claim was not without its difficulties. However, after issuing proceedings, settlement discussions resulted in my client being reinstated to his previous role, receiving compensation to cover all back pay he had lost and injury to his feelings, along with confirmation that his disciplinary record would be cleared.
The journey for Mr X was long and at times difficult. However, a deal was eventually brokered that allowed my client to return to his role on excellent terms and without the need to attend a final hearing. My client was delighted with the outcome.
If you have been disciplined unfairly and need help, please call me on 01522 440512 or visit the website of LincsLaw Solicitors on www.lincslaw.co.uk for more information about the services provided.
Director, Specialist Employment Law Solicitor