Disciplinary Breach?

[windwatcher]

Hi all, I have used the forums before but lost my login somehow... anyhoo.

I have a fairly serious employment issue and I'm hoping someone can help me with a suggestion? I have felt that my employer wouldn't be disappointed if I was gone from the business for a couple of reasons. Late last year, I was frustrated with some pretty heavy misconduct happening and I said I wasn't happy and would look for a job. If you're wondering why I didn't complain about the misconduct; it is the conduct of the MD's younger brother I had an issue with. Recently, the MD had a go at a colleague, shouting and being generally abusive. Allegedly, once the MD was gone, I said "if he spoke to me that way I'd be gone". This was what someone said to him behind closed doors. I received a meeting request to attend an investigation meeting, it did not state what I was being investigated for. In that meeting, he voiced his concern at what was allegedly said, I said I couldn't remember (I had no time to prepare). It was left that it was my word against someone else's and he couldn't prove any wrong doing. Then, just before lunch today, I receive another invite for a disciplinary meeting. Stating it is relating to him having investigated the original issue, but also it is in relation to a further incidence since the original meeting. Again, did not state what the issue was. I have Friday off, so now I'm worried I have this meeting at 4pm to basically sack me. I don't really know how to play tomorrow. He gave me basically one days notice and no ability to prepare.

1. Can I request the disciplinary should not go ahead tomorrow, that I should know the issue and reschedule for nest week? I don't know how much time he should give me to prepare?
2. If I am given a disciplinary it would look bad for future employment, if he refuses to reschedule, should I object and not attend?
3. Could I resign and forego notice, thus avoiding the disciplinary hearing? and the affect on my reference?
4. The last option, if all failed would be to negotiate to resign. It feels a bit wrong to consider, based on not even knowing the reason for the disciplinary.

Hopefully I haven't bored you and written too much, hopefully someone can suggest some help

[ULA]

Firstly how long have you been employed at the company?

If it less than 2 years then unless there are grounds for discrimination you can be "fairly" dismissed without your employer giving a reason or without following a disciplinary process.

If it more than 2 year then the company should follow its own disciplinary process which should, at the very least, be in accordance with ACAS guidelines. From what you have said this may not be the case. In a nutshell your employer should have:

1. Written to you formally inviting you to a disciplinary meeting.
2. You should be given the right to be accompanied by a colleague or TU rep.
3. The details of the allegations should be given plus any evidence to support the allegations which the company will rely on at the meeting, probably given the limited information you have then I suggest as an example witness statements.
4. The potential outcome of the disciplinary in the event any action is taken should be detailed i.e. a first written warning, dismissal etc.
5. Lastly you should be given adequate time to be able to prepare your defence.

So if only some or non of the above 5 points have happened then you have a valid reason for requesting that you are provided all the information and that the meeting be rescheduled to allow you time to prepare.

You could resign but that depends on how easy it will be for you to get another job. If you do that I would also try and negotiate on the refence that will be given. Need to make sure that it is just factual information only i.e. dates employed, job title.

Hope that helps but come back to this thread if you have any more questions.*
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