Disciplinary hearing
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Always get someone of authority to come with you, a union rep if you have one. If you need time to get a representative ask immediately for a delay in writing/email. Ensure all communications are recorded.
The best way to ensure they behave is to ask for the hearing to be voice recorded, and if they refuse ensure that the official record shows their refusal. Take copious notes of all that is said. Do not be afraid to ask for speaker to pause if you need time to write notes. Ask for proof of all statements, if they state they spoke to you regarding the matter before hand, get them to confirm dates/times and if they cannot then ensure it is recorded.
The best way to ensure they behave is to ask for the hearing to be voice recorded, and if they refuse ensure that the official record shows their refusal. Take copious notes of all that is said. Do not be afraid to ask for speaker to pause if you need time to write notes. Ask for proof of all statements, if they state they spoke to you regarding the matter before hand, get them to confirm dates/times and if they cannot then ensure it is recorded.
You are legally entitled to have someone present on "your side", and they have to give you time to arrange this.
Soldato
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Firstly, the company has met it's obligation and given you a minimum 48hrs notice so best not dwell on that.
OK the hearing is a completely different matter, your line management has an obligation to ensure that you were managed / coached / supervised so have they is the first question I would ask ?
Has a process been followed to get you to this stage ? Were you on Perfomance Management with set and agreed objectives by you and your manager which were measured over a set period of time - all these meetings / objectives should be documented and agreed by all parties. This is is your best defence, if this process has not been followed then this is where you start in your campaign.
Please remember your rep is only going in as a witness, they should not speak in your defence but ensure that the company is following process and procedure.
Dude - you need to be honest with us if we are to offer any support.
OK the hearing is a completely different matter, your line management has an obligation to ensure that you were managed / coached / supervised so have they is the first question I would ask ?
Has a process been followed to get you to this stage ? Were you on Perfomance Management with set and agreed objectives by you and your manager which were measured over a set period of time - all these meetings / objectives should be documented and agreed by all parties. This is is your best defence, if this process has not been followed then this is where you start in your campaign.
Please remember your rep is only going in as a witness, they should not speak in your defence but ensure that the company is following process and procedure.
Dude - you need to be honest with us if we are to offer any support.
I agree with the geezer above, and when they tell you you're work is poor then tell them you feel that additional training and personal development would be beneficial. It shows acceptance of their point (assuming of course they are correct and not trying to push you out for no reason as stated above), willing to progress forward and may also land you with a transferable skill set/certificate if/when you do leave this employment.
What a load of rubbish, most places it's 48 hours. What benefit to the business would it be to delay you any further, especially if it's a serious issue?
And I was always under the impression that you can ask for an employee to attend a disciplinary meeting (initial) with 4 hours notice...
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I'm planning on handing them a letter tomorrow acknowledging theirs, asking for all and any revelant papers + witness statements and requesting a delay so that I can find a suitable companion - i'm struggling to think who I can take, nobody I work with will want to get involved.
Is that a bad idea, or prudent all things considered?
I was also contemplating the idea of raising a grievance pertaining to her repeated bullying/exclusion (she stopped talking to me for the most part). Is this pushing things a bit far, or justifiable as she's chosen to make things formal?
In addition, I was emailed new procedures on the 19th (which I have a copy of, dated), detailing how they expected me to run things on a weekly basis... then on the 24th I've had this.... 3 days later! Surely that is intentionally setting me up to fail? We've also hired a new person to assist the process but he was specifcally told NOT to assist me at this time also.
Is that a bad idea, or prudent all things considered?
I was also contemplating the idea of raising a grievance pertaining to her repeated bullying/exclusion (she stopped talking to me for the most part). Is this pushing things a bit far, or justifiable as she's chosen to make things formal?
In addition, I was emailed new procedures on the 19th (which I have a copy of, dated), detailing how they expected me to run things on a weekly basis... then on the 24th I've had this.... 3 days later! Surely that is intentionally setting me up to fail? We've also hired a new person to assist the process but he was specifcally told NOT to assist me at this time also.
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upto you, best thing to do is sign upto the union and get some union advice.
i had a hearing on saturday due to some absence because of my dad being severely ill, i phoned in but couldnt get through and frankly, my day was not going to be about contacting work, i had more pressing issues.
i had a disciplinary and only got a warning so all was good, i took some legal advice from a friend though and absolutely tanned their 'edit:' bum.
also
1000th post
i had a hearing on saturday due to some absence because of my dad being severely ill, i phoned in but couldnt get through and frankly, my day was not going to be about contacting work, i had more pressing issues.
i had a disciplinary and only got a warning so all was good, i took some legal advice from a friend though and absolutely tanned their 'edit:' bum.
also
1000th post
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I'm calling ACAS and Unite tomorrow morning - I was at work all day and at an interview at lunch. I stayed late at work to ensure everything I could do was up to date and made sure it was seen.
Ianal, but I'm fairly sure that the rules around disciplinary process are guidelines that are not of themselves legal requirements, but rather a way to ensure that if it went to an industrial tribunal, they would not be found guilty of constructive dismissal.
As I understand it, for any legal implications to happen, either you have to be fired, or you quit and in either case sue for constructive dismissal - yes, you can claim this even if you quit, if your claim is that they breached your contract, or create an inhospitable working environment.
Anyway, all I'm saying is that you shouldn't charge in saying "I'm entitled to this and that", because whilst your going through internal process, they are only bound by thier own guidelines, and even then only if they actually enforce them, so your not legally entitled to anything. That's not to say you can't bend them over a barrel at tribunal later if they haven't followed the guidelines properly, but for now, you should be careful.
Take a tape recorder (as well as your union rep). You must ask their permisson to record, and they are entitled to refuse, but it doesn't hurt to send the message that you are taking it seriously, and if they allow it, it may be handy later.
Take notes. You said in another thread that your manager is aggressive towards you. I imagine that someone from hr will lead this, but if not, and she is aggressive, or swears, make a note of it.
Finally, don't assume they are just "out to get you". Maybe they are, but keep an open mind there may really be performance issues at your end that you don't realise. If they really are doing things properly, this process is really about finding out what is preventing you performing and helping you with that problem. Listen to what they say and consider it.
As I understand it, for any legal implications to happen, either you have to be fired, or you quit and in either case sue for constructive dismissal - yes, you can claim this even if you quit, if your claim is that they breached your contract, or create an inhospitable working environment.
Anyway, all I'm saying is that you shouldn't charge in saying "I'm entitled to this and that", because whilst your going through internal process, they are only bound by thier own guidelines, and even then only if they actually enforce them, so your not legally entitled to anything. That's not to say you can't bend them over a barrel at tribunal later if they haven't followed the guidelines properly, but for now, you should be careful.
Take a tape recorder (as well as your union rep). You must ask their permisson to record, and they are entitled to refuse, but it doesn't hurt to send the message that you are taking it seriously, and if they allow it, it may be handy later.
Take notes. You said in another thread that your manager is aggressive towards you. I imagine that someone from hr will lead this, but if not, and she is aggressive, or swears, make a note of it.
Finally, don't assume they are just "out to get you". Maybe they are, but keep an open mind there may really be performance issues at your end that you don't realise. If they really are doing things properly, this process is really about finding out what is preventing you performing and helping you with that problem. Listen to what they say and consider it.
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Well spoke to ACAS this morning who didn't really tell me anything that wasn't in the website. Unite wouldnt touch it as have to be a member for 13 weeks prior to any incident. Went in to work early, spoke to our HR contractor, asking how seriously this matter is being approached by my boss- was advised that in her opinion it would be unlikely for them to be looking for dismissal and likely a first written warning. Personally I think my boss is nuts so not so sure about that.
Emailed my boss asking for a quick 5 min chat if possible to clear the air before the meeting- she claimed she was too busy. Unhelpful to the end.
Saw them reviewing a cv from an agency the company uses- so now paranoid theyre already plotting. I gave them a letter stating I request all evidence/papers for review the day before the meeting.... noticed her photocopying bits for it but then was not passed anything before I left at 6:30 (finish 5:30).
Where does that put me for tomorrow then?
Emailed my boss asking for a quick 5 min chat if possible to clear the air before the meeting- she claimed she was too busy. Unhelpful to the end.
Saw them reviewing a cv from an agency the company uses- so now paranoid theyre already plotting. I gave them a letter stating I request all evidence/papers for review the day before the meeting.... noticed her photocopying bits for it but then was not passed anything before I left at 6:30 (finish 5:30).
Where does that put me for tomorrow then?
this woman seems really sly, very unhelpful boss, god dammit! i hope itcomes out good for you, just watch them closely, ride it out and do the best you can alwyas request copies of everything, ask them what theyre doing for confirmation. if they do dismiss you you should have the right to appeal for around 5 days, seek legal help and get them.
Soldato
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You've got to get into the mindset that they do want to replace you as it seems they are going out of their way to be as akward as possible.
Make notes and keep a diary of everything, as if what they're doing is unfair, and it leads to dismissal, you most definitely have a case for unfair dismissal.
In the meeting, just be polite and courteous, and don't try and discuss finer points that they raise if they are blatantly wrong, and it appears they are trying every avenue to get rid of you.
Make notes and keep a diary of everything, as if what they're doing is unfair, and it leads to dismissal, you most definitely have a case for unfair dismissal.
In the meeting, just be polite and courteous, and don't try and discuss finer points that they raise if they are blatantly wrong, and it appears they are trying every avenue to get rid of you.
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Going through my notes it's dawned on me that we agreed a new process to follow on the 19th (I have an email showing this - the purpose was to correct some of the issues we were having), but then the disciplinary was notified on the 24th... that's only 3 days later - and clearly they would have been planning it even before then, so potentially they've made me agree to try to perform a new procedure and then immediately accused me of failing to action it... 
Surely that's an intentional means to trap me?!
Surely that's an intentional means to trap me?!
If you dont know what a disiplinary hearing is for, how are you supposed to prepare a defense?
You should have first had a hearing to review what ever you are supposed to of done to first decide if it warrents a disiplinary hearing in the first place.
As it stands they have already decided you are guilty of what ever it is you have done and are going to disipline you regardless.
You should have first had a hearing to review what ever you are supposed to of done to first decide if it warrents a disiplinary hearing in the first place.
As it stands they have already decided you are guilty of what ever it is you have done and are going to disipline you regardless.
i had a disciplinary hearing in september ,the letter should state what you are been accused of and the right to bring a work colleague to the meeting.
after mine they made me sweat by giving me the verdict the day after(suspended on full pay).
in my case they said it was gross misconduct and i was sent home (fired) with no notice.
i did appeal but that was unsuccessful but needs to be done to carry on with an unfair dismissal claim
acas are very good ,they did me pre claim concilliation to claw back some of the money i lost.
all very stressfull tbh
after mine they made me sweat by giving me the verdict the day after(suspended on full pay).
in my case they said it was gross misconduct and i was sent home (fired) with no notice.
i did appeal but that was unsuccessful but needs to be done to carry on with an unfair dismissal claim
acas are very good ,they did me pre claim concilliation to claw back some of the money i lost.
all very stressfull tbh
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ACAS can be very good. They can also be very bad. It depends who you get on the phone.