Defending Disciplinary Allegations
Disciplinary

Disciplinary (Gross Misconduct)

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I recently assisted a client with a very difficult situation at work where he faced serious gross misconduct allegations of harassment at work. My client absolutely denied any wrongdoing. However, if the misconduct allegations were found proven by his employer, he would have been dismissed without any notice pay. Read on to see how I helped….

My Client’s Story

My client came to see me just after his employer had concluded the investigation stage of their disciplinary process. On the face of it, the evidence against him of misconduct was very damning and coupled with that, some of the witness statements gathered from other employees made my client feel that whatever the outcome of the process, he simply did not want to return to work. My client enquired if there was any way we could approach his employer to agree a mutually agreed termination package.

I explained that to achieve an agreed termination, we needed some negotiating power, I felt this would be achieved by engaging in two distinct pieces of work. Firstly, preparation and submission of a clear and detailed disciplinary statement refuting the misconduct allegations (please see our website at https://lincslaw.co.uk/services/employees/workplace-problems/defending-disciplinary-allegations/) Secondly, a “without prejudice proposal” suggesting that my client would tender his resignation at this early stage, and agree not to pursue any employment law claims, in consideration of an agreed sum of compensation, a positive reference and a contribution towards his legal fees (please see our website at https://lincslaw.co.uk/blog/what-does-without-prejudice-mean/)

Initially the employer was not interested in any negotiation. However, after I explained the potential claim my client could pursue, along with the potential compensation and cost that could follow, a deal was eventually struck that gave my client a sizeable compensation payment and an agreed reference. 

My Client’s Review

My client was absolutely delighted with the outcome, and he kindly left the following feedback:

Many thanks for all your help and guidance over the last month or so. I now feel like a great weight has been lifted off my shoulders”.

Lincs Law Employment Solicitors Can Help You

If you are experiencing any problems at work or have been accused of misconduct, we can help. Please call us for a free, no obligation, enquiry on 01522 440512.

Sophie Goodwill, Director, Specialist Employment Solicitor