Evidence used at investigatory not allowed at disciplinary hearing

[william47]

Hi I had my contract terminated at a disciplinary hearing , but at the investigatory I was allowed to play a call recording off my personal mobile phone relating to a call I had with a supervisor which was supporting of my case. At my disciplinary hearing ,the chair person refused permission me to play it . If I were to play it I don't think I would have been sacked. This call was played 3 times at my disciplinary and confirmed in the minutes as submitted evidence by me. where do I stand on challenging this decision.

[stevemLS]

Re: Evidence used at investigatory not allowed at disciplinary hearing

Disciplinary hearings are not subject to the same "rules of evidence" as are legal proceedings proper.

If you made the recording covertly, you would only be able to introduce it in legal proceedings with the permission of the court who would only permit it if it considered it in the interests of justice to do so.

Procedure before a disciplinary panel are normally a matter for the chair. Your disciplinary policy might, but probably won't, have something to say about permitted evidence.

[william47]

Re: Evidence used at investigatory not allowed at disciplinary hearing

Not good , a bit disappointed because it could have saved my job ,

Thanks

[stevemLS]

Re: Evidence used at investigatory not allowed at disciplinary hearing

You should still have the option of appealing and could make another attempt to produce the evidence there.

Knowing that it is so central, you can work on your submissions on how crucial it is to your case etc etc and try to win them over.

What sort of organisation is your employer, large/small, public/private. How long had they employed you?

Did you have a union rep?

Could you call the person you had the conversation with as a witness.

You still have options.

[william47]

Re: Evidence used at investigatory not allowed at disciplinary hearing

Big Organisation Biffa Waste, Union rep just new still didn't have any formal training he just sat there never uttered a word. ,I could contact the person I had the call with but expect a no due the fear factor, I am a HGV driver worked for 3 years full time , they sent me out a new route I never done before to empty waste bins , didn't know where a majority of them were, brought jobs back , I have a unblemished record and charged with gross misconduct due to poor productivity, The charge in my disciplinary hearing letter just said allegations of gross misconduct , no details or breakdown . just allegations of gross misconduct , which I was sacked.

[stevemLS]

Re: Evidence used at investigatory not allowed at disciplinary hearing

Sounds very harsh.

Good news is that you have more than two years service.

I used to be a union rep myself and to be honest some of my colleagues I wouldn't want representing a dog wanting it's dinner.

I would suggest you contact your Union Full Time Officer and talk to them about an appeal.

You need to move pretty sharpish, often time limits are very short.

[william47]

Re: Evidence used at investigatory not allowed at disciplinary hearing

thanks .