Final decision in a disciplinary

[Steven5]

Hi

i had a investigation and then a disciplinary not too long ago. I asked my manager in the disciplinary who really has the final say if you get the sack or not.... He said the person conducting the disciplinary and the solicitors.

Just wanted to know from you guys if this was true?

regards

[Tools]

Re: Final decision in a disciplinary

Is this relating to your other threads?

[Steven5]

Re: Final decision in a disciplinary

Is this relating to your other threads?

Hi

thanks for your replys.

no this is not related to my other thread

regards

[Tools]

Re: Final decision in a disciplinary

Depending on the position held by the person conducting the meeting (i.e HR, Manager etc) then yes they can make the decision, although most run it past HR first to make sure all procedures have been carried out correctly. If a the companies solicitor is present then I assume they should be well versed on employment law too , so they may be there in a compliance capacity too.

[cupidstunt]

Re: Final decision in a disciplinary

I believe if the company have legal representation, then you are also allowed legal representation. So might be worth looking into this, depending on how serious the outcome could be.

[teaboy2]

Re: Final decision in a disciplinary

I believe if the company have legal representation, then you are also allowed legal representation. So might be worth looking into this, depending on how serious the outcome could be.

Thats only if the solicitor is playing an active role, and is present in meetings (disciplinary meeting). If the solicitor is only involved in an advisory role behind the scenes, then no. Though you may seek legal advise, your not permitted to have legal representation at meetings unless its a union rep or if the employer has their solicitor present.

[mystery1]

Re: Final decision in a disciplinary

Thats only if the solicitor is playing an active role, and is present in meetings (disciplinary meeting). If the solicitor is only involved in an advisory role behind the scenes, then no. Though you may seek legal advise, your not permitted to have legal representation at meetings unless its a union rep or if the employer has their solicitor present.

You are permitted to have a solicitor if they say you can, it's not a statutory right though

I doubt many employers would allow a solicitor though.

M1

[Tools]

Re: Final decision in a disciplinary

I think the company solicitors presence is to oversee the proceedings and make sure it complies with Employment Law

[Johnboy007]

Re: Final decision in a disciplinary

Check the company disciplinary procedures.
Each discipline is usually only handed out by a specific level of management.
For example, a company lower manager may only be able to issue a first written warning, but unable to issue anything more.
Depending on the seriousness of the case, a deputy head manager may issue a final written warning, but unable to issue a dismissal.
This is usually reserved for the head manager, or a director of the company.
Your disciplinary procedure should explain this.

You are allowed to have a fellow work colleague or Union rep in with you at any meeting.
You may have a legal representative in with you if company rules, or your contract of employment allows it.
There is no statutory right to have a legal representative accompany you to any meeting.