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Hello all,

 

I was suspended on full pay in early August for alleged gross misconduct and the organisation took 3 months to complete the investigation (it was continually delayed due to holidays). They then informed me at the beginning of November that I was to have a discipline Friday 2nd after receiving the letter on Monday at 6pm. Considering all the evidence my union said this was too early so they asked for a delay. the employer agreed and extended it by an additional 14 days to 13th Nov (actually only 11 days later i know). However my youngest son, who committed suicide, birthday is on the 20th. considering that this is already a difficult time of year, i am worried about the effect that the additional stress of preparing for the hearing and then waiting for and then receiving the outcome of the hearing (whether good or bad - possibly my sons birthday) could have on the health of my 63 yr old husband, who has high blood pressure, and myself. Would it be unreasonable to request a further delay until week commencing 26th November?

 

ACAS says persistent unreasonable delays don't have to be allowed. I know they don't have to follow ACAS but given I've worked there for 20 years surely they should still have a duty of care.

 

thanks

Edited by Susie60

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I know that generally employers will re-arrange a hearing at least once and then if you cannot make the re-arranged date they will hold the hearing in your absence.

 

I suggest contacting your employers and explaining everything to them and given the nature of the situation they may well agree to postpone to a later date however as you have been off for 3 months already (paid I assume?) they may well be unwilling to delay further and continue paying you for to be off work.

 

If they don't agree to delay the hearing you could perhaps ask that they don't make contact with you on the date of your sons birthday.

 

I know there will be policies and procedures in place for this but Im sure common sense will prevail if you contact and discuss the situation with your employers.

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Hello

 

I'm sorry to hear about the poor timing of this - and the lengthy delay in getting a hearing!

 

By all means explain the circumstances and ask for a postponement. I would just pre warn you that legally, you probably had enough notice of the first hearing; and certainly of the second. I am not sure that your employer would consider another two week delay reasonable, but you could try.

 

Again, legally, employees are also obligated to fulfil their own obligations under the ACAS Code - therefore I would try and attend the hearing to avoid them holding it and making a decision in your absence (which, at this stage they could be entitled to do).

 

I'm just here to point out the legal implications though, not moral ones, therefore if you have a sympathetic employer, hopefully they will agree to your request.

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