Employer Disciplinary Process

[stevemLS]

Re: Employer Disciplinary Process

Sorry, have been busy, [MENTION=70489]judgemental24[/MENTION] has given you sound advice. Let us know how it went.

[Mr_C001]

Re: Employer Disciplinary Process

Hi

So it lasted 2 hours. Got questioned about the issue and things that do not relate to the matters i have been accused of.

Also as its a possible fraud/integtrity/ trust i do not know where i stand at all.

They had instructed my workplace this morning before my investigatory meeting to cover all shifts and rotas until december. That seems very unfair and not right.

[judgemental24]

Re: Employer Disciplinary Process

Standard procedure ime afraid, fair does not come into it

As long as you are still being paid

[Mr_C001]

Re: Employer Disciplinary Process

Yes i am being paid but have also been told not to contact anyone at work. How can i even mount a defence with no contact to witnesses??

Is it time to get a solicitor involved?

[judgemental24]

Re: Employer Disciplinary Process

You do not need a solicitor and one will not be allowed anyway to represent you

You have to wait now to see if this goes to a full disciplinary hearing. You are only suspended

The employer has to send everything they will be using in any disciplinary meeting a minimum of 48 hours before the meeting

My feeling is that this is to complicated for them at the moment and are seeking higher advice on how to procede

Try not to worry, this is perfectly normal

[Mr_C001]

Re: Employer Disciplinary Process

At what stage do i get to speak to their witnesses or produce my own??

[judgemental24]

Re: Employer Disciplinary Process

You need to realise employment law is not like normal everyday law as such. The employer makes their decision on the balance of probability,not reasonable doubt

In 20 years of me representing members i can count on one hand where a third party/wittness were brought into a meeting. These things are decided on witness statements. You cannot do yourself one yet as no specific allegation has been made against you. That will be at the formal meeting if called. Before that meeting is held you will have the employers witness statement. You argue any inaccuracies at the diciplinary meeting

[Mr_C001]

Re: Employer Disciplinary Process

Ok an update. So i have received an email regarding an invite to the disciplinary hearing.

No letter just an email inviting me to the disciplinary hearing.

How do i respond ?

- - - Updated - - -

Just an add in. As they need to hire a venue away from the workplace they are trying to make sure i am available for the meeting.

- - - Updated - - -

This is the exact wording.....


Dear xxxxx



It has been decided that a disciplinary hearing will take place following on from the investigation meeting.



Before I send the official invite I would like to agree the date in advance, I am proposing Thursday 15th October at 1pm in xxxxxxx to ensure a swift conclusion.



Can you confirm this date is suitable so I can make the necessary arrangements?



Kind regards

[judgemental24]

Re: Employer Disciplinary Process

As you have been suspended then that will be fine, as long as it does not require any additional personal expense such as travelling 50 miles to the meting.

As soon as the official invite is given to you update your thread as the wording within that document is important

[Mr_C001]

Re: Employer Disciplinary Process

Ok so i say yes then?? Just need to be dure.

[FlamingParrot]

Re: Employer Disciplinary Process

You need to realise employment law is not like normal everyday law as such. The employer makes their decision on the balance of probability,not reasonable doubt

Balance of probabilities is the standard of proof in civil law as a whole, including all the money claims you see here, not just employment law. It's only in criminal law where the standard of proof is beyond a reasonable doubt. :incourt:

In 20 years of me representing members i can count on one hand where a third party/wittness were brought into a meeting. These things are decided on witness statements.

...or just on printouts from emails, screen prints, websites, etc. which allegedly speak for themselves. :mmph:

[FlamingParrot]

Re: Employer Disciplinary Process

Yes i am being paid but have also been told not to contact anyone at work.

It is customary to be told not to contact anyone at work whilst you are suspended pending an investigation. and your colleagues would have been told the same thing.

How can i even mount a defence with no contact to witnesses??

If your witnesses are still working there, it's not very likely they'll want to get involved and take your side, unless their loyalty to you is above their need to keep a roof over their heads and food on the table, if you see what I mean. :mmph:

Is it time to get a solicitor involved?

Although you can't get a solicitor to represent you at an internal meeting, there is no reason not to get legal advice if you are able to do so. :thumb:

[Mr_C001]

Re: Employer Disciplinary Process

I have not heard anything back yet but i have been told that the person who did the investigatory will be the note taker at the hearing. Just waiting for the documents in the post.

[Mr_C001]

Re: Employer Disciplinary Process

I received an email with all the documents and letter they are going to send in the post. Apparently they missed the first class recorded post today so i will not receive all 106 pages until wednesday morning!!!

The letter actually says "discipli ary meeting" and not "discilinary hearing" as the initial email stated.

The evidence they are giving from witnesses is full of date errors and name errors.

Any advice?

[FlamingParrot]

Re: Employer Disciplinary Process

I received an email with all the documents and letter they are going to send in the post. Apparently they missed the first class recorded post today so i will not receive all 106 pages until wednesday morning!!!

106 pages? :scared:

And that's just the evidence used at the disciplinary? Or was that from the investigation meeting and the disciplinary is still to come?

The letter actually says "disciplinary meeting" and not "discilinary hearing" as the initial email stated.

The evidence they are giving from witnesses is full of date errors and name errors.

Any advice?

If the outcome of the disciplinary was based on those witness statements, then you should have enough material to put forward your own WS with your own recount of the events as you recall them. I take it you haven't yet been dismissed but are expecting dismissal?