right to a witness

[seanzshow]

Hi,

A friend of mine at work has had a recent dispute with a line manager. The dispute has arisen because she told the line manager that shefelt she had been treated disrespectfully in a recent conversation they had.

The line manager has requested a meeting to clear the air, this is not an official disciplinary although the line manager will be taking notes that will stay on my friends file. My friend has replied that she would attend the meeting but would like a witness to be there to ensure nothing will be taken out of context.

The line manager has replied to this in writing, stating that she will refuse to attend any meeting where a third part is present, and if my friend is not okay with this disciplinary action will follow.

It seems to me that this is not a fair request so I would like to know if anybody has any input on a legal stanpoint here. Does the line manager have a right to demand that no witnesses be present, and is she allowed to make notes that stay on my friends file. If so what is the difference between this meeting and a disciplinary?

Any help would be greatly appreciated.

All the best

[enquirer]

Re: right to a witness

It sounds as if your friend is being set up to be smeared, framed, and finally railroaded out the door. Is she a member of a union?

[labman]

Re: right to a witness

If they are taking notes, the only way I would attend by myself is if they agreed to let me video it for the avoidance of doubt. I say vieo rather than just record as body language can be very threatening, even if the voice is calm.

Failing that I would refuse to attend without an agenda and a friend (ideally from a union) present.

[seanzshow]

Re: right to a witness

No, she is not in a union. Would she have the right to request video?

My personal feeling is that:

a) if this is not an official disciplinary, the line manager has a hard time explaining why anything relating to a grievance would be going into my friends file

b) what she has said (in writing) that refusal to attend this meeting on her own without a witness will result in disciplinary action is essentially a threat, and considering that my friend has stated (in writing) that she will attend with an impartial witness (our union rep, even though she is not a member he is willing to attend) this threat is not based on anything that could be considered grounds for disciplinary action.

As I said though I have little experience in employment law so would appreciate any input as to what my friends rights actually are.

Thanks again for the help

[labman]

Re: right to a witness

The answer is she probably doesn't have a right to have the meeting videoed, I don't know. However, if he is threatening disciplinary proceedings (and it is a threat as you say), then she should have the right to be accompanied. She would certainly have this right under formal disciplinary proceedings, so why are they being denied now?

Also, any policy I've known states notes remain on file only for a specified period of time. Is this the case here or not? If notes are being put on file, then surely it is formal, so she has the right to be accompanied. If it is just to clear the air, why the need for notes to go on file?

I would still refuse anything without an agenda and accompaniment by a friend.

[enquirer]

Re: right to a witness

I have never known management to agree to either video or audio recording.

One of several suppliers of amusing recreational items ... http://www.onlinespyshop.co.uk/

[labman]

Re: right to a witness

I have never known management to agree to either video or audio recording.

One of several suppliers of amusing recreational items ... http://www.onlinespyshop.co.uk/

I've known them agree to an audio recording - in fact I've used audio myself to cover me against employees. They have, of course, always been offered a copy. Video is a no go really.

The point I was trying to make was if they are making notes which are going on file, they can't claim it's informal, thus having a friend is an entitlement. If they're refusing this and turning it into a disciplinary, surely this gives the OP every right to raise a grievance against their manager with their manager - take the battle back to them as it were.