Employer Disciplinary Process

[Mr_C001]

Hi

I am new here so sorry if this is a repeat question... i have tried to find the answer but been successful.....


At what stage in the disciplinary process must the emplyer gove an employee the policies and processes that the company follows or will be following??

[stevemLS]

Re: Employer Disciplinary Process

There is no absolute obligation although they should form part of your "handbook".

It is, though, good practice, to give a copy to the employee when they are told there is an issue and invited to any investigatory meeting or other hearing.

Have a look at the statutory ACAS Code http://www.acas.org.uk/media/pdf/f/m...procedures.pdf - failure to follow the code may ultimately impact on any award made by an ET.

[Mr_C001]

Re: Employer Disciplinary Process

Thanks Steve

That was a really quick response. My isdue is that the employee handbook that states all of this is on the google drive linked to my work email, from which i have been locked out of. So i have no access to the policies or process at all. Personally i think thats unfair but i am not sure what that means in terms of employment law.

[stevemLS]

Re: Employer Disciplinary Process

It doesn't have any direct meaning or consequence in law, my suggestion is that you just ask for a copy to be sent to you given that you can no longer access the google drive.

Have you been suspended? Have you received anything in writing at all?

[Mr_C001]

Re: Employer Disciplinary Process

Yes got suspended on monday. Investigation hearing is later today.

Clearly not knowing or understanding the policies does not give me a fair hearing. Or again am i clutching at straws??

The incident which happened i am not denying but what the have classed it as i AM denying.

[judgemental24]

Re: Employer Disciplinary Process

First thing i take it you received a letter giving at least 48 hours notice of this Fact finding/Disciplinary meeting.

Please confim it is not a formal but fact findinding/investigatory (That is very important)

As You have been already suspended were you given the option in the letter to take in a trade union rep or work colleague

If Gross misconduct do they say in the letter dismissal might be a possible outcome



I am covering all the basis as i am trying to decide if this is a fact finding or they are going straight to a formal

[Mr_C001]

Re: Employer Disciplinary Process

I did get a letter in the post on tuesday. The letter stated that the meeting was purely an investigatory meeting and not a discilplinary. It stated no disciplinary action would be taken at this meeting.

No outcome was mentioned in this letter.

Also there will inly be 1 person at the meeting. The investigator and myself.

Things that are happening at work lead me to believe that they have already decided to go to disciplinary before this investigatory meeting

[judgemental24]

Re: Employer Disciplinary Process

If they go straight to a formal then they will be in deep do do if you appeal. It does not happen that often but it does with employers not conversant with the ACAS code of practice. If you have a HR department you shuld be ok

The fact finding is normal and nothing to worry about with suspension routine

I have to ask so be as much economical as you wish

Can you give a brief , and i mean a brief desccription of the charge against you and i will tell you if it is probably Gross Misconfuct

[Mr_C001]

Re: Employer Disciplinary Process

It is gross.misconduct of that i am sure.

The charge is fraud and falsification of company records.

Firtsly no fraud was committed. Secondly i did not falsify anything. I just got sloppy woth paperwork andentered things on to the computer system months after i should have. But i did it all in one go so their systems flagged up and i was suapended due to that.

I do not deny putting it all on the systems in one go but it was genuine and my lack of judgement and laziness.

[judgemental24]

Re: Employer Disciplinary Process

Then you have nothing to worry about, mistakes do happen

Call it stress, excess work load, targets etc

You made a msstake you tried to rectify it without telling anybody and it back fired. As long as your conscience is clear you will be fine. This is nothing more than a Rasp on the knuckles and a staff training issue

For it to be fraud they would need to quantify any loss, a deficit and where that mney went to etc, You might well have falsified company records to an extent but is was not for your own financial gain.

There was no INTENT on your part to be dishonest

My advice will be put your hands up as an error of judgement, expect a penalty later on of something like a 2 year serious or suspended dismissal

The suspension and fact finding is routine in any business with this suspicion

[Mr_C001]

Re: Employer Disciplinary Process

Thank you. It is a very difficult situation as i have never been trhmmhrough anythung like this and never ever set a foot wrong. I made a huge mistake and paniced.

And now i feel like things are against me ... i guess thats all natural.

My problem is that they have started covering my shifts for the next 2 weeks and other memebers of the team have already discussed changing the rotas and thats even before any decision about me has been made. These same people changing or doscussimg changing the rotas are the witnesses that will be presented in front of me (of this i am sure) today. So there had been no confidentiality of the witnesses. And thats my real concern. My position has been really made untenable as how can i return and work with these people who are assuming my permanent absence?? Or am i just over thinking things?

[judgemental24]

Re: Employer Disciplinary Process

You are reading to much into this

What will be will be

The employer has to put in contingency plans on "What might be" to cover your position

With this meeting they might carry on the suspension to do further investigations, your work load still has to be covered

You are still being paid so try not to worry, it is routine

[Mr_C001]

Re: Employer Disciplinary Process

Thanks again. Just feel helpless and lost.

I know it was wrong but nothing personal for me to gain

Will let you know what the meeting outcome is.

As it it hust an investigatory meeting i keep my mouth shut and stick to the facts... correct??

[judgemental24]

Re: Employer Disciplinary Process

Yes but be honest

They already know the foul up

It is why it happened they are interested in to put in place contraol measures to stop it happening again

As long as your conscience is clear you have nothing to worry about

[Mr_C001]

Re: Employer Disciplinary Process

Understood. I will always be honest. As i have in saying it was my error.

Thanks