I recorded a disciplinary meeting without disclosing this!

[purplewitch]

Re: I recorded a disciplinary meeting without disclosing this!

Well today is the deadline (4pm) for me to appeal against the disciplinary. I am going to play it cool for the time being and just focus on the facts and wrong doings regarding their incorrect disciplinary process.
The grievance can be raised later.
Thanks everyone

[charitynjw]

Re: I recorded a disciplinary meeting without disclosing this!

You may also want to refer to Vaughan v London Borough of Lewisham.

Although Ms Vaughan's recording was not allowed, it was largely because there was 39 hours of it.

And no transcript.

http://www.bailii.org/uk/cases/UKEAT...4_12_0102.html

[charitynjw]

Re: I recorded a disciplinary meeting without disclosing this!

Having listened to the recording, it is shocking to hear some of the things they said. They were fouled mouthed when I left the room and one of them said they wanted to f**king slap me - accused me of acting like Mother Theresa! And they couldn't wait for me to make an appeal as the appeals officer will run rings around me and wouldn't that teach me a f**king lesson! They made personal and insulting comments on my appearance,
Purplewitch

IMHO this part is key.
As mentioned above, they are discriminatory remarks, & as such should be allowed as evidence.

http://www.legislation.gov.uk/ukpga/2010/15/section/109
109Liability of employers and principals

(1)

Anything done by a person (A) in the course of A's employment must be treated as also done by the employer.

(2)

Anything done by an agent for a principal, with the authority of the principal, must be treated as also done by the principal.

(3)

It does not matter whether that thing is done with the employer's or principal's knowledge or approval.

(4)

In proceedings against A's employer (B) in respect of anything alleged to have been done by A in the course of A's employment it is a defence for B to show that B took all reasonable steps to prevent A—

(a)

from doing that thing, or

(b)

from doing anything of that description.




http://www.legislation.gov.uk/ukpga/2010/15/section/13
13Direct discrimination

(1)

A person (A) discriminates against another (B) if, because of a protected characteristic, A treats B less favourably than A treats or would treat others.


http://www.legislation.gov.uk/ukpga/2010/15/section/136

136Burden of proof

(1)

This section applies to any proceedings relating to a contravention of this Act.

(2)

If there are facts from which the court could decide, in the absence of any other explanation, that a person (A) contravened the provision concerned, the court must hold that the contravention occurred.

(3)

But subsection (2) does not apply if A shows that A did not contravene the provision.

(4)

The reference to a contravention of this Act includes a reference to a breach of an equality clause or rule.

(5)

This section does not apply to proceedings for an offence under this Act.

(6)

A reference to the court includes a reference to—

(a)

an employment tribunal;

(Once the facts are established, the burden of proof switches so the employer has to try & show that discrimination didn't occur.)

Also, if it were me, I would highlight the fact that any disciplinary panel must be, as far as possible, impartial.
This appears to show prejudicial intent before and during the meeting, which would influence any subsequent decision.

[wales01man]

Re: I recorded a disciplinary meeting without disclosing this!

How was the recording made when the OP left the room?
Was the room bugged or were they so loud that they could be heard outside the room

[purplewitch]

Re: I recorded a disciplinary meeting without disclosing this!

How was the recording made when the OP left the room?
Was the room bugged or were they so loud that they could be heard outside the room

it was recorded on my mobile phone on the table in full view - which I left in the room while they deliberated and they even commented on the fact that i had left my phone on the table when i left the room!

[CleverClogs]

Re: I recorded a disciplinary meeting without disclosing this!

it was recorded on my mobile phone on the table in full view - which I left in the room while they deliberated and they even commented on the fact that i had left my phone on the table when i left the room!

Didn't the silly buggers think of jumping on it? :laugh:

[purplewitch]

Re: I recorded a disciplinary meeting without disclosing this!

Didn't the silly buggers think of jumping on it? :laugh:

I think this reflects how stupid & arrogant they are & clearly how they think they are right & justified in their thoughts & behaviour, BiG Mistake on their part!!

[CleverClogs]

Re: I recorded a disciplinary meeting without disclosing this!

The trouble with Silly Buggers of their ilk is that you might have difficulty making use of the recording.

If you give them copies of the recording and/or transcripts of the recording, they may wish to dismiss you at once claiming that the recording was proof of gross misconduct on your part. It isn't, of course, but they could be so seriously afflicted by cephalo-proctal intromission that they'll only see what they want to see.

[purplewitch]

Re: I recorded a disciplinary meeting without disclosing this!

Hi everyone
I am in need of further advice regarding my appeal on the above matter.
I lodged my appeal within the 5 day timescale - my terms & conditions of employment state that I should hear from the "appeals officer" in 14 days.
All I have had is an email advising that my appeal has been received and I will hear in due course.
It is now over 28 days and I havent heard anything at all.
What should I do next?

[teaboy2]

Re: I recorded a disciplinary meeting without disclosing this!

Write them a formal letter before action (title it as such too). And explain to them that as it has now been 28 days since they received your letter of appeal and you have not yet heard from the appeals officer, and as they state in their terms and conditions of your employment that you should hear from the "appeals office within 14 days" of your appeal letter being received, that they are in breach of contract. As such if you do not receive confirmation of a date and time for your appeal hearing within the next 14 days, you will have no choice but to take legal action for breach of contract and for their failures during the disciplinary procedure. And in regards to the defamatory comments and threatening remarks, where one implies his/her desire to hit you in the face, all of which where made at the disciplinary meeting which amounts to bullying/harassment and threatening behavior and can only be deemed as a serious breach of the employers duty of care and legal obligations towards you as an employee.