If you are facing allegations of misconduct, take immediate legal advice to understand your options. We can support you through the disciplinary process.
Being accused of misconduct at work can be devastating, causing stress and damaging your reputation. If you’re facing disciplinary action at work, you will need to understand your rights and your options.
Your employer can take disciplinary action against you if there are concerns or complaints about your performance, conduct or behaviour at work.
If you deny the allegations, you need to quickly build a rigorous defence to support your case, to avoid sanctions and a negative entry on your employment record.
If you are willing to accept the accusations against you, there may be mitigating factors to bring to your employer’s attention that could result in a more lenient outcome for you.
If you have been dismissed as a result of misconduct, you may have concerns that your dismissal was unfair.
While gross misconduct is one of the potentially fair reasons for employers to dismiss an employee, employers have to follow a fair process and come to a reasonable decision. If your employer has failed to follow a lawful procedure, your dismissal could be deemed unfair, enabling you to bring a tribunal claim.
With the abolition of tribunal fees, more employees are now able to challenge their employers in front of an employment tribunal where there is merit in their claim.
But the tribunal process remains a daunting and stressful last resort option.
DavidsonMorris’ team of employment lawyers have substantial experience in all aspects of workplace misconduct and disciplinary proceedings.
We help UK employees ensure their rights are protected and enforced throughout any disciplinary process.
If you are facing misconduct disciplinary allegations, we can assess the merits of your case, considering the initial grounds for complaint or allegations, and the evidence being relied on and how this impacts the legal options open to you.
We will guide you through the disciplinary procedure, from building your defence to preparing for the disciplinary hearing and challenging any decision we believe to be unreasonable.
We can advise on eligibility for bringing a claim to the employment tribunal, such as unfair dismissal and constructive dismissal claims, managed within the limited timeframe that usually applies in order to bring a tribunal claim against your employer.
Our expertise also covers specific issues relating to disciplinary and conduct matters, such as suspensions, professional negligence and investigations processes where you are facing career threatening allegations, summary or instant dismissal without payment of notice.
We can also advise where your case would come under the special rule for potentially career threatening allegations, where the standard required for an investigation is set higher.
We also have an exceptional track record in negotiating settlement agreements on behalf of employees, where relevant and appropriate, to provide for terms such as an exit payment, a favourable reference from the employer and expedited ‘clean break’ for both parties.