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My understanding of disciplinary hearings is; the employer makes allegations and the employee defends against those allegations. If the employer cannot prove the allegations then the employee is not sanctioned.
According to the tribunal judge, the employer is also entitled to take the bigger picture into account when deciding on a sanction. As I found out, even if the employer does not prove the specific allegations they made against you, they can still take other things into account that you were not made aware of.
To me that goes against all fairness as they are taking things into account that were never put to you at disciplinary and that you were never given the chance to defend against.
Has the Judge erred?
According to the tribunal judge, the employer is also entitled to take the bigger picture into account when deciding on a sanction. As I found out, even if the employer does not prove the specific allegations they made against you, they can still take other things into account that you were not made aware of.
To me that goes against all fairness as they are taking things into account that were never put to you at disciplinary and that you were never given the chance to defend against.
Has the Judge erred?