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Employer denied right to be accompanied to disciplinary meeting.... and more!

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  • Employer denied right to be accompanied to disciplinary meeting.... and more!

    In a nutshell, phone call from HR bod asking me to come to their office, and told by the HR bod and line manager that work wasn't up to scratch, and being accused of poor timekeeping.
    Wasn't given any prior warning, or any indication that anything was being considered, and no warnings received.
    Told dismissal was only option due to "poor performance and trust / confidence of employer in employee breached" and dismissed immediately.
    Escorted to office, got a few things and left the company premises.
    I wasn't given the option of being accompanied to the meeting, and from start of meeting to end was about 40 minutes total.
    Have been in job less than a year, and therefore I know that the normal rules for unfair dismissal do not apply.

    However.......
    ACAS are considering the fact that I wasn't given the right to be accompanied to this meeting is a straight up breach of employment rights, and I can take the company to tribunal if early conciliation failed.

    I received a letter from employer stating 7 calendar days to raise an appeal, I have responded within this timeframe with requests for information which has not been delivered. I also stated I consider the appeal time clock to be stopped until I am in receipt of all information that I feel would give me best chance at raising a reasonable appeal.

    As I haven't been given information, eg, evidence that I have had a VDU / DSE assessment and evidence that I have correct scheduled work arrangements while at work (part of VDU/ DSE assessment, then ACAS told me to get in touch with ICO.

    I had also requested information on the company policy on searching employees / possessions, and the HR bod has responded "if you continue with this line of enquiry, you will need to consider whether you are breach of another policy" - and forwarded a copy of the company IT policy, this being that I had a company laptop, and had left a personal DVD inside that had some college work on and personal documents, but they searched through the DVD when I rang them to say that the DVD had been left in the laptop, and could you return it to me, or can I collect from reception.
    I see this as being a "get lost and if you annoy us with asking about our search policy, we will hit you again with a naughty stick even after we have dismissed you".

    The HR bod said "we can search your possessions without your permission to ensure you aren't taking company property with you". But, without me being there? Ouch.

    ICO have considered the employers refusal to provide me with requested information a breach of Data Protection.

    The employer however, has offered in the dismissal one month pay in lieu of notice, but this is in the contract of employment.

    All I can think of is surely the employer can't have been so daft as to let a whole string of wrongs to occur, and I'm wondering if anyone has ever had a similar experience and what their outcome was?

    Thanks in advance to anyone with responses.

    Tags: None

  • #2
    Re: Employer denied right to be accompanied to disciplinary meeting.... and more!

    In my recent experience, the employer not giving you the right to be accompanied is not a major breach of ACAS code of practice and an employment judge will simply point it out to the employer and leave it at that. Same with data Protection, the judge in my case was not interested that the employer had breached the DPA by refusing to supply the requested information. If breaching ACAS and DPA is all you have, I would take the money and run, then forget about them. Thats just my opinion as someone who fought a case at employment tribunal on much stronger grounds and still lost.

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