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Disciplinary meeting next week .

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  • #16
    Re: Disciplinary meeting next week .

    Very big no- no! It could be a criminal act in a government building / department.

    Just make sure that the person accompanying is making lots of notes. For a tribunal - if that is where it is heading- they would accept the validity of notes as being as accurate as the employers, if you see what I mean.

    Covert recording is something I don't recommend, but as a general principle the transcripts ( not the recordings themselves) may be advertised by a court. That's for the court to decide. But "bugging" ( recording when your are personally absent) is a very different matter. I know of only one instance where a recording was permitted when the person had left the room, and in that case the recording was not covert (the device was in the table, the panel knew about it, and forgot!) - and even then, the tribunal only accepted it because of public interest considerations. That was upheld at EAT.

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    • #17
      Re: Disciplinary meeting next week .

      Many thanks . I do not think he will be going down the covert route . His companion is very adept at note taking , so hopefully no problems there. Hoping it does not need to go to an ET , and that somehow he can discredit ( if that is the right word ) some of these allegations with the facts , we have a minor , a serious, and a gross to deal with , at best looking to try and have the first two removed and the latter down graded . Avoiding dismissal is the aim , but even if that were to happen he could never go back to his job . We have some mitigating circumstances (2) both of which we are sure will be strong , but never having been in this place before are unsure how things will pan out .

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      • #18
        Re: Disciplinary meeting next week .

        Bear in mind that mitigation is really irrelevant to the outcome, in that the employer does not have to give it any weight, and an remount tribunal must disregard it entirely.

        I don't know what has gone on here, but I agree - by bringing three allegations it's clear that the employer doesn't see him as able to return to his job. Which is not good in terms of likely outcome. Three allegations strongly suggests they are intent on getting him for one or another if not all. And I'm not saying that with any view on where the truth of these matters lies - with him or the employer. It's just that multiple allegations usually suggests a bit more than a casual approach to any disciplinary. It's more strategic.

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        • #19
          Re: Disciplinary meeting next week .

          Indeed there is definitely strategy at play here some of the witnesses have a lot to gain from his dismissal , I wish i could post all the details ,sadly i can't , there were several allegations that the investigating officer put forward , thankfully (or not) the deciding officer discounted some , so these three remain . I never knew that about the employer not having to give it any weight , he has been told the deciding officer is a fair man , well we shall see . Deep down i know what is possibly coming and am trying to prepare myself , My O/H however thinks he has a good case . and may be moved elsewhere , it is completely soul destroying to watch a good man be crucified and possibly hung out to dry by incompetent management , In 39yrs of employment ( 4 with these ) he has never had any complaints re his style . He was brought into to change the culture of the business , it seems some do not care for such change . You can only give your view and i appreciate that i really do ....

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          • #20
            Re: Disciplinary meeting next week .

            Ah. Cultural change positions can be fraught with risk. It isn't the first time I've seen "change" go down like this.

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            • #21
              Re: Disciplinary meeting next week .

              Indeed they are .
              Last edited by Tincan; 2nd December 2016, 21:51:PM.

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              • #22
                Re: Disciplinary meeting next week .

                Hi just thought i would pop in for some advice if poss , Appeal was held on the 2/2 / 17 , Seemed to go well , so we are 4wks on from that and still no decision , The last 2wks have been full of we will get back to you next week , and lots of apologies ,apparently the appeal officer needs to query some points , does anyone have any knowledge of what might be going on here , I am sorry but i cannot put everything on here . I do not want to risk someone involved seeing this . They said they would be in contact today , not happened, they said they would be in contact last week , didn't happen ... The clock is ticking for submitting ACAS EC ... So stressful and difficult to know what to do .

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                • #23
                  Re: Disciplinary meeting next week .

                  Originally posted by Tincan View Post
                  Hi just thought i would pop in for some advice if poss , Appeal was held on the 2/2 / 17 , Seemed to go well , so we are 4wks on from that and still no decision , The last 2wks have been full of we will get back to you next week , and lots of apologies ,apparently the appeal officer needs to query some points , does anyone have any knowledge of what might be going on here , I am sorry but i cannot put everything on here . I do not want to risk someone involved seeing this . They said they would be in contact today , not happened, they said they would be in contact last week , didn't happen ... The clock is ticking for submitting ACAS EC ... So stressful and difficult to know what to do .
                  I am obviously guessing, but in my experience delays come down to one of two things - the hearing officers have gone off sick, or they don't agree with the finding and are trying to work something out.

                  If you haven't started drafting the claim, start. You don't have to wait for a response before submission.

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                  • #24
                    Re: Disciplinary meeting next week .

                    Thank you Sangie595 for your reply , Trying to stay positive here and would like to think it is the latter reason , As the appeal officer agreed things were not quite right throughout the process ... Re the drafting of a claim , nervous about this , have e-mailed them and CC'd all involved yet again tonight asking (politely ) for an answer . As for drafting the claim we have been doing this ready to submit . Many thanks again for your response .

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