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Confusing meeting/disciplinary? Advice Please

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  • Confusing meeting/disciplinary? Advice Please

    Hi Guys, was wondering if anybody can throw some advice my way.


    Upon finishing my shift today, I went into the office with a colleague to find out what job i had tomorrow, and was told I didn't have a job tomorrow, and to open a letter I was handed (In front of my colleague).


    The letter states as follows:


    Dear XXX,


    ABSENCE MANAGEMENT HEARING


    Since you have started work at XXX Ltd, you have had a total of 26 days absent from work in the last 12 months.


    Due to the level of absences that you have incurred, you are required to attend an Absence Management Hearing which has been arranged to take place at XXXX on 03/09/2012 at 10:00am.
    You will not be expected to work until this matter is resolved and you will remain on full pay.
    The hearing is held under the terms of the Disciplinary policy and procedure and it's purpose is to:


    - Set out our expectations in regards to what is an acceptable level of attendance.
    - Examine the history of your absences in line with the Absence Management Policy.
    - Discuss recent informal management actions that have taken place. [NB i have no idea what this is referring to]
    - Ascertain if there is any additional support we can offer.
    - Discuss any mitigating circumstances that we have not been made aware of.
    - Reach a decision that sets a formal outcome and that may set additional attendance targets for your future attendance, based on policy guidelines or some other outcome.


    You should be aware that this is a formal meeting and due to the significant level of absences, within the first year of your employment, that your employment contract could be terminated, or alternatively you could receive a final written warning.


    The panel will comprise of PERSON A, who will be chairing the hearing and PERSON B.


    You are entitled to be accompanied at this meeting by a recognized trade union representative of a union of which you are a member or by a work colleague; these arrangments should be made by you.


    Should you have any queries in relation to this matter please do not hesitate to contact me on the above number.


    Yours sincerely


    PERSON A.


    I asked if this means that I'm not working tomorrow (as it wasn't really made clear as to whether this was a suspension) and they said yes see you on Wednesday.


    Now, I have had some time off, namely 2 weeks when i had a health issue and underwent tests for testicular cancer (it wasn't cancer fortunately, however i do need surgery), and when my child was ill. I have also had the odd day off and asked for it to be taken as holiday which was agreed to (I'm sure that is annoying to my employer however if they have agreed to let me take it as holiday then surely they can't record this as an asbsence?)


    The thing is, work has really dried up and everybody is working shorter hours etc and my friend thinks they are trying to force me out the door for this reason, but having only been with the company just over a year I think they would lay me off or make me redundant if that was the case - it's easier and less messy.


    I previously worked as an area manager for a company who were very professional and organised and were meticulous in their disciplinary procedures in which i carried out.


    PERSON A is renowned within our company (of only about 8 employees) of being power hungry, throwing disciplinaries and threatening jobs, and discussing personal issues and disciplinary outcomes with all staff that show an interest.


    When outside of the building getting ready to get in my car, another colleague, a supervisor who everybody cares very little for, came up (literally less than 5 minutes after I left the office) and said "PERSON A just told me whats going on, that's not very good is it? You're just gonna have to take it on the chin." Now he's a supervisor but he has no part to play in this due process and is not involved at all, and as such surely it shouldn't be discussed with him?


    I wasn't issued with a copy of the disciplinary process
    I wasn't issued with a copy of the absence management process
    I wasn't issued with a copy of my absences.
    I wasn't issued with any evidence whatsoever - just the letter above.
    The 'recent informal management actions that have taken place' line confuses me as i haven't been spoken to, if they have conducted any sort of investigation, surveillance etc then should i not have that too?
    The confusing nature of the letter - Is it an absence management hearing - Is it a disciplinary? I always had to conduct an investigatory meeting before scheduling a disciplinary meeting.
    Maybe the most standout point for me (this could just be my previous training) is where it is written "your employment contract could be terminated, or alternatively you could receive a final written warning." Does this not point to the fact she is pre-empting the outcome of a disciplinary by only considering these two outcomes? I was always told to NEVER pre-empt the outcome no matter how cut and dry it seems - it's too dangerous for the company.


    I'm sorry for the rambling nature of this post and the lack of structure to my points or questions but i would be interested in peoples thoughs/advice.


    Many Thanks,

    lenny01
    Tags: None

  • #2
    Re: Confusing meeting/disciplinary? Advice Please

    Hi lenny01 :tinysmile_grin_t: I'm sure someone will be along with advice soon (I'm not very clued up on employment issues)

    In the meantime, this:
    Originally posted by lenny01 View Post
    PERSON A is renowned within our company (of only about 8 employees) of being power hungry, throwing disciplinaries and threatening jobs, and discussing personal issues and disciplinary outcomes with all staff that show an interest.
    When outside of the building getting ready to get in my car, another colleague, a supervisor who everybody cares very little for, came up (literally less than 5 minutes after I left the office) and said "PERSON A just told me what's going on, that's not very good is it? You're just gonna have to take it on the chin." Now he's a supervisor but he has no part to play in this due process and is not involved at all, and as such surely it shouldn't be discussed with him.
    is the bit that stands out for me!!

    Surely it goes, not just against company policy, but also against your Human Rights ( specifically http://www.equalityhumanrights.com/y...nd-family-life and http://www.equalityhumanrights.com/y...o-a-fair-trial )

    have a read up while you're waiting :tinysmile_twink_t2:

    Kati x
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

    Comment


    • #3
      Re: Confusing meeting/disciplinary? Advice Please

      Thank you Kati

      Comment


      • #4
        Re: Confusing meeting/disciplinary? Advice Please

        no probs ... now you just have to sit tight and wait for other Beagles to advise (they won't be too long, but it seems like FOREVER when you're waiting :tinysmile_twink_t2
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Confusing meeting/disciplinary? Advice Please

          Hi lenny,
          Well I have to give you the bad news....
          Owing to a change in employment legislation, as you have been employed for less than 2 years.
          The company can dismiss you, and they do not have to give a reason.
          Only if you have been dismissed for certain reasons, such as discrimination, does the two years not apply.
          So unfortunately mate, you are up the 'swanney without a paddle'.
          “The only man who sticks closer to you in adversity more than a friend, is a creditor.”

          Comment

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