Disciplinary Proceedings

DISCIPLINARY PROCEEDINGS & GRIEVANCE PROCEDURES

Our employment team is experienced at attending, participating and supporting employees in disciplinary proceedings.

We have assisted and represented a good number of clients who have successfully contested false allegations of misconduct or incompetence.

It doesn’t matter whether the allegation against you was made by a service user, a customer or by a fellow employee: untrue allegations need to be addressed for the sake of your income, your reputation and for the records.

Disciplinary proceedings are important because they can lead to termination of your employment contract or affect your chances of progressing within your organisation.

False allegations can prevent you from gaining promotions and may appear in your references for future employers.

An employee can be falsely accused of immoral, unethical or unlawful misconduct at any time during their career. Some employees may encounter allegations of incompetence, failure to follow procedure or failure to implement specific employer policy.

We often to find that our employee clients have categorically denied the allegations of misconduct and provided a good explanation, but the employer prefers to overlook the explanation of the employee.

It is important to defend yourself robustly in disciplinary matters because most employment contracts permit termination of employment for gross misconduct, which simply means that an employee may be sacked for any misconduct that his or her employer chooses to classify as gross misconduct.

Other consequences that can arise from a disciplinary proceeding include suspension without pay or demotion. Employment law requires that all allegations are properly investigated and verified. The law demands that you are given a reasonable opportunity to defend yourself against any allegations that have been made against you.

An experienced employment solicitor from our firm will provide you with excellent advice and support throughout the process. We will also represent you at any disciplinary hearings where you are permitted to attend with legal support.

Employee disciplinary hearings are important proceedings during which an employer can present and collect information that may adversely affect you as an employee.

Any comments or written statements you make at this stage may become evidence if the matter later goes to the court.

We can also help you prepare for disciplinary hearings or we can accompany you to these hearings to speak for you and take notes of proceedings.

Some companies prefer to prevent external legal support for employees facing internal disciplinary procedures, however, our firm has been successful in many applications for a special permission to accompany our clients to internal disciplinary meetings and hearings.

A major reason why we have been able to get employers to permit our attendance is that we make it clear that a court of law may take the view that an employer’s refusal of an employee’s right to have legal support does amount to a denial of the employee’s legal right to full participation in disciplinary proceedings.

If you are facing a disciplinary hearing, please contact our Mr. Obinna Baranta on 079 443 45 443 for immediate support.

Agreeing Your Employment Reference for Future Employers

People are rightly concerned about reputation and personal dignity.

First Continental Solicitors are keen to help employees obtain a binding agreement from their former employers on the content and wording of any references that will be issued to future employers.

An agreed reference must not make any adverse comments about you.

Your former employer cannot be compelled by law to offer a glowing reference but your former employer will be bound by the reference that we agree as a term of your settlement agreement.

Many of our clients unexpectedly find themselves having to take on an employer in a time of financial insecurity. Our aim is to help you achieve the justice you deserve in a cost-effective manner.

We regularly offer no-win no-fee options. Our acceptance of no-win no-fee matters is determined by factors such as our current workload and the merits of your matter.

We will also require an initial payment that enables us to take your initial instructions, gathers evidence in your matter and conduct a case merits analysis of your matter.

These basic processes are necessary before we can decide on which model funding is most suitable for your case.

Other Funding Options

We can investigate any insurance products you may already have to check if there is a cover for your legal expenses: some home insurance products and life insurance products make provisions for legal expenses to protect to your job.

Another funding options are to purchase after-the-event or before-the-event insurance products so that you can recover your costs at the end of the matter no matter what happens.

There is also the possibility of approaching some new companies that specialise in litigation funding litigation even though these options may attract premium costs.

Please contact us with details of your matter.

Health Care Sector Employees  

  • Doctors – General Medical Council Hearings
  • Nurses – Nursing and Midwifery Council Hearings
  • Social Workers – Health and Care Professions Council

 

Education Sector Employees

  • Teachers – Teaching Regulation Council
  • Head Teachers – Teaching Regulation Council
  • Teaching Assistants – Teaching Regulation Council

Transport Sector Employees

  • Transport for London & National Rail (TOC) Employee Disciplinary Hearings
  • Airports & Airlines Employee Disciplinary Hearings

 

Finance Sector Employees

  • High Street Bank Employees
  • Investment Bank Employees
  • Accountants – ACCA/ICAEW

Government Body Employees

  • Local Authority Employees
  • Government Ministry Employees
  • County Council Employees
  • Government Agencies Employees

 

We also cover disciplinary matters for:

  • Private Company (LTD, LLP or PLC) Employees
  • Charity Employees
  • Foreign or International Organisations Employees

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COMPLIANTS:

Our aim is to deliver quality services that you will be happy with.

If unfortunately, after efforts our effort to do our best we have not got this right, a complaint about our service can be raised, in the first with the lawyer that handled your matter and provided our service to you. All our staff are trained to appreciate that client satisfaction comes first and your lawyer will do his or her best to listen to you, provide an explanation and carry out any remedial actions that you require so that you may become satisfied with our service.

If after the above initial stage you are not satisfied with our response to your complaint you may complain to our Mr Obinna Baranta who is our firm’s complaint manager - by writing to our London address of 51 Fellows Road, London NW3 3DX.

Mr Baranta will do his best to resolve the matter to your satisfaction by reviewing the service we provided to you in a manner that satisfies you.

Mr Baranta will first write to you within 7 working days of hearing from you to acknowledge receipt of your complaint and he will aim to send you a substantive reply to your complaint within 14 working days.

Mr Baranta will investigate your complaint by speaking to the person involved and may telephone you to get more details about our service to you.

If you do not feel comfortable about complaining to Mr Baranta about our service to you because he handled your matter, you may write to Mr Kenny Ogba who has been in practice for over 7 years and who will assist the firm by investigating your complaint with intention of finding a resolution that satisfies you.

If after looking into your complaint and responding to you, you are still not satisfied by our responses you may further complain to the Legal Ombudsman whose address for complaints is PO Box 6806 Wolverhampton WV19WJ.