Company Bias - Grevience - Discipline Interview

[radnorjohn]

Hi folks 1st post here, so will try and get short and precise and to the point:

Currrenly work permanent nights on a production line in a soft drinks factory. Last week a line i was working on was playing me up terribly, i ended up loosing my rag and punching a machine which damaged it resulting in the loss of producion for approx 8 hours, and obviously repairs etc. i immediately informed my supervisor of what had happened admitting fault and liability. 2 mins later my employer comes in (under the influance of achohol) shouting the odds, then sends me home (obviously not paid from time sent home)

Informed today by letter that i am to have a disciplinary interview at 9am on Thursday morning. with 3 people present, HR/ Production Manager and employer. Whilst discussing this interview with my supervisor i was informed by him that when he was questioned about what had happened by HR, he was asked what my state of mind was at the time of the incident to which he replied "he was just himself" the HR woman replied "oh cockey" surely this woman cannot stand in as the companies represenative if she has a prejudged view of me as a person.

I was informed yesterday afternoon before i received my interview letter, by my daughter who does not work for the company, that they were deciding wether to sack me or not. when asked how she knew this she replied that the son of the same production manager that is sitting on the interview had told him. ( his son works part time on a production line). surely this is not acceptable. this same prodction manager was oveheard by a fellow employee discussing me by saying "why the hell didn't he lie and say it was an accident"

My interview letter states that my employer will be conducting the interview, how can this be fair or reasonable he has already shouted and sent me home he is now conducting the interview and will conduct my interview should i wish to appeal. surely this is bias to me.

I have tonight emailed HR requesting that due to me working permanent nights that conducting the interview at 9 am is unreasonable and that it should be moved to a later time of day ( ihave suggested 4pm) but as of yet have not received a reply)

i have a bother that i am being treating unfairly and am considering instergating the grievance procedure - A while ago i mad a production mistake which i was disciplined for and given a written warning to remain on file for 6 months (this has now passed), how ever in the last 2 1/2 years i have been with the company this mistake has been made a several occasions by other members of staff but no action has been taken. secondly whilst i dont dispute what i did was wrong and am prepared to accept the consequences of my actions. there has been several cases of other personnel willfully/unitentionally damaging company property and yet no action has been taken.

folks not sure where i really stand and wether these are genuine reasons for a grievence against my employer. or what i should be doing to protect my interests Help gratefully received.

[Hurricane Puffrose]

Re: Company Bias - Grevience - Discipline Interview

Hiya Radnor

Welcome to LB if you have not already been welcomed its always nice to have new members

I know just the person to help you, I will PM them the link to your thread as I think they will have a particular interest in this case.

Whilst waiting for a response, could you let us know..


Are you in a trade union?
Have you ever been disciplined before?
How long have you worked for said company?
Have you evidence of the vandalisum going unpunished?

(see im learning what your gonna be asked )

Sit tight hun, help is coming.

P

[bluebottle]

Re: Company Bias - Grevience - Discipline Interview

What the hell is your employer doing in a factory where there is moving machinery, stinking of alcoholic beverage? The Factories Inspectorate (part of HSE) could have issues with this. Also, how regularly is the machinery serviced to minimise breakdowns? I would certainly have issues with the indiscriminate policy your employer has of being selective in who they discipline for damage, etc.. The issue of what you say is being bandied around is a serious breach of the Data Protection Act 1998. Your employer is liable to a Civil Monetary Penalty (CMP) from the Information Commissioner to the tune of up to Ł500,000 if the ICO feels the breach has been serious enough to warrant exacting a CMP on your employer. My opinion is that your employer would be well-advised to drop their proposed disciplinary action unless they actually want to be hauled in front of an employment tribunal and suffer loss of reputation and damages, with the possibility of a CMP from the ICO as well.

[radnorjohn]

Re: Company Bias - Grevience - Discipline Interview

Hiya Radnor

Welcome to LB if you have not already been welcomed its always nice to have new members

I know just the person to help you, I will PM them the link to your thread as I think they will have a particular interest in this case.

Whilst waiting for a response, could you let us know..


Are you in a trade union?
Have you ever been disciplined before?
How long have you worked for said company?
Have you evidence of the vandalisum going unpunished?

(see im learning what your gonna be asked )

Sit tight hun, help is coming.

P

Joined Unite yesterday - as i think this could get messy.
Yes been disciplned before, for a seperate incident - written warning given, this has now expired.
been with the company coming on 2 1/2 years.
Evidence is always the hardest thing to get, everyone and i mean everyone within the business knows of several incidents, but me having proof of these incidents is a different matter.

[radnorjohn]

Re: Company Bias - Grevience - Discipline Interview

oh my employer walks round the factory complex, including into the production areas on a regular basis, whist stinking of booze. thats is not old news and is a source of ammusement within the factory as to how much he stinks of booze and who he might have liad into on any particular night.

Lines are very rarely shut down, we have what i would call as running maintenace, where as it runs till it breaks then it gets fixed and we carry on. This is no defence to my actions. yes the line was playing me up but it was a computer screen that operates a particular machine that i hit.

[miliitant]

Re: Company Bias - Grevience - Discipline Interview

afternoon
first question

did your employer do a fact finding interview before you had the formal letter of a conduct hearing

by sending you home, did your employer formally suspend you,
you said without pay, that is unlawful as it can be seen as a punishment before a disciplinary hearing has been conviened

do you have a copy of your contact of employment or employee hand book

have you spoken to unite
please amswer my questions as their will be more

[radnorjohn]

Re: Company Bias - Grevience - Discipline Interview

Hiya miliitant:

i think a investigation has been done, i know maintemce was asked to supply costings, and the my supervisor has been spoken to ( thats where the HR woman said i was cockey).
No, as the production line had to be shut down, he said to go home, but as i had to clock out i wont get paid.
i cant lay my hands on my contract but the is a company handbook available to read if i need it. (a copy is in the bait room).
I forgot to add that my employer words after he walked drunk on to the line was you hit it, like i'm going to hit you, then he went into he's rant.
Haven't spoke to Unite - only signed up yesterday, as its dawning on me that this is going to go all the way.

keep the questions coming

[miliitant]

Re: Company Bias - Grevience - Discipline Interview

please get hold of the employee handbook

has HR PROVIDED witness statements
if this offence might carry a penalty of dismissal
right to representation
previous conduct issues

[stevejay]

Re: Company Bias - Grevience - Discipline Interview

I used to be in the union so, You are entitled to adjourn the hearing for seven days. The panel are not allowed to discuss the allegations with anyone that is not involved directly with their investigation. You have admitted to your actions which may prove difficult however, as the equipment was defective did you report this to any supervisor before your actions, are you currently suspended on full pay. Frustration is very common in the workplace but before the grievience procedure can take place you must follow the disciplinary hearing, appeal and then the last avenue. If you are still allowed to work that would suggest you are still trusted in your position. Try joining a union explaining what you have here. Some will still represent you as you are a new member. Stevejay

[radnorjohn]

Re: Company Bias - Grevience - Discipline Interview

No witness statements have been provided to me, however my supervisor has told me that he was contacting over the telephone, and that maintence were contacted via email. As to wether if constuits dismissal is a bit of a grey area. according to what the lady at ACAS told me, rather than wilfull damage to company property, it can still be classified as serious damage to company property which could result in dismissal, she said it was down to individual interperitation.
I have asked several people to come in with me as my witness, but being a small company no one wants to be involved which i dont blame them for. i am goin g to ask if i can record the meeting but i believe that they can refuse this.
My previous record consituitues the one written warningon my file which expired in oct last year so that can not be used against me.
I have been told by my supervisor that apparently if i sit there and keep my mouth shut and accept their findings my job is save. if i decide to argue my case then i'm not safe. NICE

[radnorjohn]

Re: Company Bias - Grevience - Discipline Interview

on the shift report handover sheets issues with this particular line had been highlighted for the previous 3 days. No i am back in work, but rather than be the standin supervisor that i am, i have been put back to running a different line. joined Unite yesterday but haven't contacted them yet.

[bluebottle]

Re: Company Bias - Grevience - Discipline Interview

My gut-feeling is that an ET could have issues with your employer wandering around a factory in what sounds like a permanent state of intoxication. He is a walking accident waiting to happen. It could be argued that his judgement is impaired as a result. I still hold the view that the actions of management, HR and others in your workplace have prejudiced your position, as well as that of the employer, and the employer would be better dropping the matter altogether, as I can see this coming back on the employer in a way he won't like.

[radnorjohn]

Re: Company Bias - Grevience - Discipline Interview

So let the merriment begin, Disciplinary Interview at 4pm today. going to play it by ear and see which way the company are going to push it. - update to follow