Letter to attend meeting, that may turn into a disciplinary.

[MetroVape]

Hi Everybody

A colleague of mine was sent home last Wednesday and suspended without pay. He was instructed to return to work this morning. On his return he was presented with a letter worded as follows.

As a result of your actions on 17th November 2015, I instructed you, at 14:30, to leave the xxxxx premises and return at 07:30 hours on Monday 23rd November.

This letter is to inform you that you are required to attend a meeting in the conference room, at 14:00 hours on Tuesday 24th November, to discuss the circumstances that resulted in you leaving the premises.

At this meeting your team leader, Mr xxxxx xxxxx will be in attendance.

Please be advised that this meeting may develop into a disciplinary meeting and you therefore may bring a friend with you.

Any thoughts on the contents of this letter, for example the fact it contains no disciplinary procedure or such, would be most welcome. More information can be provided but wanted to keep the post as short as I can for now.

Thanks in advance.

[mariefab]

Re: Letter to attend meeting, that may turn into a disciplinary.

How long has your colleague worked for this employer?

[MetroVape]

Re: Letter to attend meeting, that may turn into a disciplinary.

Around 3 years

[mariefab]

Re: Letter to attend meeting, that may turn into a disciplinary.

Do you and your colleague know exactly what 'your actions on 17th November 2015' and 'the circumstances that resulted in you leaving the premises' entail?

[mariefab]

Re: Letter to attend meeting, that may turn into a disciplinary.

If either you or your colleague are still at the workplace; one or both of you need to say, to whoever is driving this or someone else with the relevant authority, that because tomorrow's meeting 'may develop into a disciplinary meeting' access to the Disciplinary Policy and Procedures is now urgently required so that you can be adequately informed and prepared for the meeting.

[MetroVape]

Re: Letter to attend meeting, that may turn into a disciplinary.

My friend was sent home for "vaping" in the workshop. This issue is full of contentious issues as multiply people including one team leader have been seen and/or caught smoking inside the workshop and no action was taken.

I have been allowed access to the Policies and Procedures today. It is very obscure but I think the general gist of it is that the Managing Director is charge of everything in terms of discipline, this includes accusation, evidence gathering, analysis of the evidence and then what punishment should be carried out.

This only applies however in the first two stages of the procedure which is verbal and first written warning. In the book it says these are dealt with in interviews, which the Managing Director is responsible for doing. However when the third stage is reached a disciplinary meeting will be held and this is run by a Chairman.

Using the information I have received today I am not that sure this will be the case but the whole meeting will in fact be held exclusively by the Managing Director.

It might also be worth a mention that it was the Managing Director that was the person who "caught" him vaping. He also told me there is something me and my friend don't know but we will find out tomorrow. I questioned what this was but got no answer.

Thanks

[mariefab]

Re: Letter to attend meeting, that may turn into a disciplinary.

Any 'interviews' that result in a disciplinary sanction, like a written warning, are de facto disciplinary meetings/hearings.

It's admirable that you are supporting your colleague. However, with this kind of employer you need to be careful not to stray outside of your role. See the Employment Relations Act 1999 s.10(2) below.

http://www.legislation.gov.uk/ukpga/1999/26/section/10

Addressing the hearing would include asking questions, getting clarification of ambiguous statements and summing up what has been discussed.
If a closed question is asked and the yes or no answer would create a false impression you can interrupt and confer with X so that he can answer more fully before moving on.
You can, and should, take notes. Ask for pauses so that you can do so.
You can ask for a comfort break if the meeting goes on for a long time or, if the situation becomes acrimonious to allow for a period of calm.

If you stay within your role you have protection from any detriment resulting from accompanying X at the meeting. See s.12(1) & (3) below.

http://www.legislation.gov.uk/ukpga/1999/26/section/12

You could take a list of questions with you. To start you off...

1. Yesterday you said that there is something that X and I don't know but we will find out today. Can you now tell us what that is?

2. Several employees, including a team leader have been caught smoking inside the workshop and no disciplinary action was taken. Why has this action been taken in this instance?

Leave plenty of space between the questions so that you can fillin the MD's answers during the meeting

[MetroVape]

Re: Letter to attend meeting, that may turn into a disciplinary.

Another great reply with really useful info, much appreciated. Seeing as how he only got the letter this morning do you think it would be unreasonable to ask for a postponement if needed. I did ask this question today but this seemed to anger the MD, he would only answer my question with a question. Total time from notice to meeting is about 30 hours 15 of which are working and some for sleeping lol.

[mariefab]

Re: Letter to attend meeting, that may turn into a disciplinary.

The difficultly with that is that the Statutory requirements for conducting disciplinaries etc. were repealed years ago and now we are just left with 'good practice' which it doesn't appear you can expect from this employer.
Unless you and X are unable to access the evidence you need to defend the accusations in the time allowed it's probably best to attend tomorrow.

[MetroVape]

Re: Letter to attend meeting, that may turn into a disciplinary.

That's fine. That's basically what I thought too, having worked for this company for 12 years I decided to try to stand for what is right after having had many wrongs done to both me and other colleagues. I just hope that I have enough new knowledge to do what is needed without stirring up the hornets nest more than needed.