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Guides

Workplace defence guides

Written for the person who has just had the letter. Each guide answers one situation completely: what your employer has to do, what you are entitled to ask for, what the deadlines are, and where these cases are actually won and lost. No sign-up, no gate, no obligation.

Where to start

Find the stage you are at

A workplace disciplinary runs in a fixed order, and what you can usefully do changes at every step. The most common mistake is not a bad answer in the hearing. It is arriving at the hearing having already lost the ground that was available two weeks earlier, when the allegations could still have been narrowed and the evidence could still have been requested.

The process, and what matters at each point
StageWhat is happeningWhat is worth doing now
Investigation Facts are being gathered. You may be suspended. Nothing has been decided. Get the allegations, the evidence and the policy in writing. Keep your own dated note of every conversation.
Invitation and hearing A case to answer has been found. You are notified in writing with a date. Check whether the notice period is genuinely reasonable, request anything missing, and decide who is coming with you.
Categorisation The allegation is labelled misconduct or gross misconduct. The label sets the range of sanctions. Test the label itself. A great many allegations are pitched a category higher than the conduct supports.
Outcome and appeal A decision is issued in writing. A short internal deadline to appeal starts running. Lodge in time even if the full grounds follow. Remember the tribunal clock is not paused by the appeal.
After dismissal Employment has ended. Time limits, conciliation and settlement all engage at once. Notify ACAS early. Start a job search log the same week: it protects the largest part of any award.

Zhan Associates is not a firm of solicitors and does not provide legal advice. These guides explain published law and procedure so you can make your own decisions about your own case.

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Free tools

Put a number on it

Two calculators sit alongside these guides. Both run entirely in your browser and nothing you type is sent to us. The Schedule of Loss calculator works out what a tribunal could award if a claim succeeded, applying the statutory reductions in the order the legislation requires. The Settlement calculator works out a realistic negotiating range, which is a different question with different variables and almost always a smaller number.

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