disciplinary

[johnmilt]

Hi
just joined forum - a couple of quick questions if anyone can help?
My director has summoned me to a disciplinary hearing I am on a final written warning as with the last this is totally unjustified. I have only been in the organisation 16 months ( I left their employment for a year, breaking continuity of service) He is the one making the accusation, he has done the investigation and has arranged and attending the Disciplinary with another director they have already discussed the case and he has even entered on to a common company database the action he is taking on behalf of a client stating that it will be proceeding down a disciplinary route this was several days before I was told to attend the meeting.
Questions, I have a line manager and there are no shortage of other managers and we are a gold standard IIP organisation - I think with him basically running the hearing, providing the evidence he is unbiased and it will not be objective should it not have involved my manager who has been told not to get involved? Also have they not show a breach of trust and confidence to all ready agree a course of action and informed me at a much later stage.
Thanks any help would be appreciated.

[Tools]

Re: disciplinary

What is the disciplinary about and what are the grounds of accusation.

[johnmilt]

Re: disciplinary

A customer ( member) of the organisation claimed he was unfairly treated and lost potential work because I supposedly referred another supplier to his potential customer therefore it is bringing the organisation into disrepute for recommending a potential supplier to a client and not demonstrating impartiality ( I can prove this is not the case) it might otherwise only result in a warning but I already have a final written warning so I am not sure what other disciplinary action they could take other than dismissal unless they reject the accusation. I am still working in the organisation and have not been suspended.

What is the disciplinary about and what are the grounds of accusation.

[Tools]

Re: disciplinary

If you give evidence to substantiate you followed procedures and did not act in any way other than impartially then it comes down to if you are believed or not I'm afraid. All you can do is demonstrate that you acted fairly and that the client(member) is incorrect in their assumption.

[johnmilt]

Re: disciplinary

Thanks, I was wondering what you thought about the fact that the employer had already informed the client is was going down a disciplinary route, the manner in which it was published on an open system and several days before I was informed - is this not a breach of trust and confidence ?- especially as the decision to compensate the client prior to the outcome of the hearing? also what is your view on the role of the person basically being involved in the accusation, the fact finding and the hearing - there is no degree of impartiality in my opinion my manager should have been tasked with the investigation
Thanks

[Tools]

Re: disciplinary

Yes, any breach of Data Protection would work in your favour at a tribunal, as would a perceived foregone conclusion you were in the wrong.

As for the same person conducting each stage, if you disagreed with the outcome of the disciplinary you have the right to appeal it and for that appeal to be heard by a more senior level employee if one exists.

[johnmilt]

Re: disciplinary

Yes that's what I thought unfortunately I cannot got to a tribunal as I have been employed there less than 2 years - and I agree it is a perceived foregone conclusion that I am in the wrong prior to the hearing - unfortunately they are pretty senior at director level - again my argument that the investigation should have been carried out by my manager or the hearing its basically a case of them being judge, jury and executioner - thanks for your helpful advice

Yes, any breach of Data Protection would work in your favour at a tribunal, as would a perceived foregone conclusion you were in the wrong.

As for the same person conducting each stage, if you disagreed with the outcome of the disciplinary you have the right to appeal it and for that appeal to be heard by a more senior level employee if one exists.