Unfair Call to Disciplinary Hearing

[Paulo61]

Hi
Yesterday, I received a letter from my employer calling me to a disciplinary hearing. The letter cites numerous conduct and performance-related issues and states that a possible conclusion of the hearing is dismissal. I have been with the company for six month, successfully going through my probation period, and have never be told verbally or in writing that my performance did not meet the requirements of the job until yesterday. Two and a half months ago, the company employed a part-time worker and I was told she was there to assist. She was made full-time last month with a salary £6k above mine and on a company pension (which I am not); further, she is less qualified than me. Yesterday, before I received notification of the disciplinary hearing, this colleague was asked by our boss whether I had "filled all knowledge gaps with her since the company could not afford to employ both staff". I have seen a change of attitude by my boss towards me since just before the new arrival, and his actions led me to believe the company wanted to get rid of me. Now this seems a very real likelihood. Furthermore, the company is small and my boss (also a director) is married to the other Director, and they will both be present at my hearing. I know I have been falsely accused, know also they have decided to terminate my contract regardless of the case I present, and also know that I cannot possibly get a fair hearing.

Please, what should I do? I would be so grateful for any advice you might be able to give me.

Thanks

[miliitant]

Re: Unfair Call to Disciplinary Hearing

intresting this

no fact finding to begin with

have the given you all documents/statements etc that they are going to use at the hearing

have they advised about taking a rep or collegue into the meeting with you

the only problem you have is you have only been employed for six months and have no employment rights as such, only if you have a protected characteristic do you have protections,gay,disabled etc

all they have to say is your not up to scratch and thats it, but they still have to give you notice pay etc

[Paulo61]

Re: Unfair Call to Disciplinary Hearing

Hi Militant

Thanks for your response.

I have no idea what fact find they have done, but I have not been given anything apart from the letter calling me for a disciplinary. They used a template you can download from the ACAS website, so they have covered everything they should. In amongst the numerous points of conduct and performance-related allegations (all of which I can disprove, but that seems from your posting an irrelevance?), they make an accusation that I misrepresented my skills at interview. Now this is total nonsense and, further, I made it through a very challenging 3 month probation on the back of a hurried one-day handover without even a murmur from my boss and certainly no verbal or written indication/warning that I wasn't meeting performance expectations. Surely, there needs to be due process? If my performance was not up to scratch, shouldn't I have been released during my probation? Shouldn't I have been given a warning and performance improvement targets? How is it that they can circumvent the usual stages and jump straight to a disciplinary that may have dismissal as the outcome?

[miliitant]

Re: Unfair Call to Disciplinary Hearing

there should be recorrds of performance review etc before they say you are not up to the job

the fact of the matter is you have been employed for less than 2 years, (blame duncan smith and the tories on that)

and they can get rid of you with little or no redress

[Paulo61]

Re: Unfair Call to Disciplinary Hearing

Thanks militant. Yes I am aware that this change to employment law was their doing. Surely, however, it just gives companies a blank sheet to sack people at will, and with no recourse.

I have never had a performance review with this company and since they had never indicated (before yesterday) any performance issues, I was totally stunned when receiving the letter. Surely they need to produce hard evidence of poor performance through, as you say, performance reviews etc? Is there really nothing I can do? What about a lawyer, can a lawyer act as a companion in a disciplinary hearing?

What I am confused over is the thought that fabricated misconduct allegations can lead to the sacking of a perfectly innocent employee. How can a law be set up that doesn't protect such people?

[miliitant]

Re: Unfair Call to Disciplinary Hearing

thats the whole idea, get rid of stff just before they get employment rights, its the revolving door effects, in and out like macdonalds

the tories are all for big business and political donations

all they want is fixed term and zero hour contracts of employment. no redundency pay, etc,etc and to try and water down the employment tribunal service like they have done with the HSE

[Paulo61]

Re: Unfair Call to Disciplinary Hearing

So it seems, speaking metaphorically, I've got no legal legs to stand on? I feel like I've just had open heart surgery conducted by a plumber!

[miliitant]

Re: Unfair Call to Disciplinary Hearing

the goverment want you to have no rights period

rights cost money in their eyes

the only rights you have is if you are disabled etc, protected characterists, even with them its an uphill battle

welcome to 21st century britain

they will bring back the master and servent act back next

employers will now abuse you for a period of 2 years. then cast you adrift and employ another unsuspecting victim with no redress