Investigating information not submitted at a disciplinary hearing.

[ritemaster]

This is just a procedural question so the allegations themselves don't matter.

After your disciplinary hearing has ended, the Chair decides to conduct an investigation about a new issue that has never been mentioned to you previously. It was not even brought up at the disciplinary hearing.

The Chair then relies on the findings of that investigation to dismiss you.

Can the Chair rely on those findings to dismiss you or, must they hold another meeting with you and give you the chance to respond to the findings first?

[vanman]

Re: Investigating information not submitted at a disciplinary hearing.

ok did you get dismiss at the disciplinary hearing for the first investigation no!
then they came up with a different allegation ; did they ask you if you wanted to contine with the allegation at the
disciplinary hearing y/n
if yes sorry !
if no then they should have given you a new date for a new disciplinary hearing
so you could see any witness statements and evidence to prepare yourself

if you have worked there for less than 2years then there is not a lot you can do
more than 2years it could be deemed as unfair dismissal

[ritemaster]

Re: Investigating information not submitted at a disciplinary hearing.

I had a disciplinary hearing from 10am to 11am. I went home straight afterwards.
At 5pm that same day I received a letter by email saying I had been dismissed.

I did not know of any other issues before I was dismissed as they never mentioned any at the disciplinary. They never mentioned that they were going away to investigate anything. As far as I was aware the disciplinary hearing had finished.

I only found out about the new allegation because they mention it in the letter I received at 5pm. In the letter they tell me about an issue, say they investigated it, then they used the results of that investigation to dismiss me. This new investigation could only have been carried between 11am and 5pm while I was waiting for the outcome of my disciplinary.

I was not given any chance to defend against the new issue as it was only mentioned in the dismissal letter.

Yes I was there well over 2 years.

If they needed to carry out further investigations, should they have adjourned the hearing to a later date?

[vanman]

Re: Investigating information not submitted at a disciplinary hearing.

yes they should have
make sure that that you have been dismissed for the new allegation that you was unaware of
if that is the case then i would think you would have a good case at a tribunal

you need to talk to
Acas http://www.acas.org.uk/index.aspx?articleid=1461

[ritemaster]

Re: Investigating information not submitted at a disciplinary hearing.

On a similar note, when an employer makes the decision to conduct a disciplinary hearing, does that decision have to be based on the investigation or can the employer bring a disciplinary and state any allegations they want?

In my case, the disciplinary was not based on the investigation because the allegations put to me had not been investigated.