Disciplinary Hearing

scooter100_2

Partner has to attend a disciplinary hearing where "the allegation could constitute gross misconduct which may result in your dismissal"

Should she be told before she attends,what level of disciplinary action she is up against (ie it either is gross misconduct or it isnt)

Partner has already attended interview where she made statement giving her side of events.

Any advice welcome.

windswept

From what I've been reading - she should be given the full details in writing before the hearing to allow her to prepare for it - so yes, she should be told if she is facing gross misconduct procedure or something less serious.

"So what exactly is gross misconduct? Ask any employer for examples and the same problems will always be mentioned. Listed below are the top 10 reasons bosses cite for firing an employee:
· Criminal damage to work property
· Being under the influence of drugs or alcohol during work hours
· Theft or fraud
· Harassment or discrimination towards other employees, customers or the employer
· Negligence
· Repeated absenteeism without due cause
· Inappropriate use of email, telephones or the internet (normally in breach of a policy if the company has one)
· Insubordination
· Falsifying experience and qualifications or general incompetence
· Leaking confidential information ".

ZootHornRollo

scooter100 wrote: »

Partner has to attend a disciplinary hearing where "the allegation could constitute gross misconduct which may result in your dismissal"

Should she be told before she attends,what level of disciplinary action she is up against (ie it either is gross misconduct or it isnt)

Partner has already attended interview where she made statement giving her side of events.

Any advice welcome.

The fact that they have stated this on the notice of disciplinary hearing indicates that they consider the allegation to be Gross Misconduct. they won't say it IS gross misconduct as that would imply they have already made up their minds that she is guilty. They can not imply guilt in any way at this point.

The point of the disciplinary hearing is to establish the facts and find out what happened. Someone will then decide if she is guilty or not and then decide on what 'corrective' action to take.

scooter100_2

ZootHornRollo wrote: »

The point of the disciplinary hearing is to establish the facts and find out what happened. Someone will then decide if she is guilty or not and then decide on what 'corrective' action to take.

She has already attended an interview and given a statement.The statement more or less agrees with the statement of the accuser.There are additional witness statements which can be disregarded so presumably the facts have already been established. The company procedures state gross misconduct is instant dismissal.So should they be stating at this time that she is being accused of gross misconduct or not ,as obviously this effects the defense she puts forward.(she also has no previous disciplinary action against her).
Thanks.

scooter100_2

windswept wrote: »

From what I've been reading - she should be given the full details in writing before the hearing to allow her to prepare for it - so yes, she should be told if she is facing gross misconduct procedure or something less serious.

"So what exactly is gross misconduct? Ask any employer for examples and the same problems will always be mentioned. Listed below are the top 10 reasons bosses cite for firing an employee:
· Criminal damage to work property
· Being under the influence of drugs or alcohol during work hours
· Theft or fraud
· Harassment or discrimination towards other employees, customers or the employer
· Negligence
· Repeated absenteeism without due cause
· Inappropriate use of email, telephones or the internet (normally in breach of a policy if the company has one)
· Insubordination
· Falsifying experience and qualifications or general incompetence
· Leaking confidential information ".

She was suspended and given the reason for the suspension verbally at the time.The paperwork which then confirmed this had a different (but similar)reason which was different again (but also similar)to what she was told at the fact finding interview.Each time sounding more serious.

ZootHornRollo

scooter100 wrote: »

She has already attended an interview and given a statement.The statement more or less agrees with the statement of the accuser.There are additional witness statements which can be disregarded so presumably the facts have already been established. The company procedures state gross misconduct is instant dismissal.So should they be stating at this time that she is being accused of gross misconduct or not ,as obviously this effects the defense she puts forward.(she also has no previous disciplinary action against her).
Thanks.

They stated on the original letter that she may be facing gross misconduct so she should prepare her case based on that.

The process is very much like a court where you have the prosecusion preparing the case against (the person who conducts the investigation stage), the defense (your partner) and the judge-jury-and-excecusioner (person conducting the disciplinary interview). Giving her original statement forms part of the investigatory stage, no discipinary action can be taken at this stage. Then if they feel there is enough to secure a 'result' they will go to a disciplinary hearing where 'corrective' action may be the conclusion.

ZootHornRollo

scooter100 wrote: »

She was suspended and given the reason for the suspension verbally at the time.The paperwork which then confirmed this had a different (but similar)reason which was different again (but also similar)to what she was told at the fact finding interview.Each time sounding more serious.

this may happen if new information changes the alegations slightly.

The allegation stated on the disciplinary letter is the only allegation which may be heard at the discipinary hearing, although a lesser allegation and outcome may be the final finding. (much like you can be charged with atempted murder and be found guilty of serious assault but not the other way around)

scooter100_2

ZootHornRollo wrote: »

They stated on the original letter that she may be facing gross misconduct so she should prepare her case based on that.

The process is very much like a court where you have the prosecusion preparing the case against (the person who conducts the investigation stage), the defense (your partner) and the judge-jury-and-excecusioner (person conducting the disciplinary interview). Giving her original statement forms part of the investigatory stage, no discipinary action can be taken at this stage. Then if they feel there is enough to secure a 'result' they will go to a disciplinary hearing where 'corrective' action may be the conclusion.

She has admitted doing what she was originaly suspended for (when she was suspended verbally)It now seems to be escalating into something much more serious.
On a seperate note just before she was suspended during the discussion she raised the matter of a grievance against the accuser.The company have so far totaly ignored this.Can they do this?

ZootHornRollo

scooter100 wrote: »

She has admitted doing what she was originaly suspended for (when she was suspended verbally)It now seems to be escalating into something much more serious.
On a seperate note just before she was suspended during the discussion she raised the matter of a grievance against the accuser.The company have so far totaly ignored this.Can they do this?

Did she follow up the verbal notification of a grievence with a letter stating what her grievance is? it is important that she does that.

You may need to consult the company policies but i think the grieveance would be treated as a seperate matter and dealt with after the disciplinary. It is possible that if the disciplinary matter is connected to the grievance that the disciplinary hearing may be adjurned until after the grievance but please do not take my word on that.

I have experience of dealing with disciplinarys from both sides but i do not know the processes inside out.

scooter100_2

ZootHornRollo wrote: »

Did she follow up the verbal notification of a grievence with a letter stating what her grievance is? it is important that she does that.

You may need to consult the company policies but i think the grieveance would be treated as a seperate matter and dealt with after the disciplinary. It is possible that if the disciplinary matter is connected to the grievance that the disciplinary hearing may be adjurned until after the grievance but please do not take my word on that.

I have experience of dealing with disciplinarys from both sides but i do not know the processes inside out.

No she hasnt followed up with a letter but said in her witness statement that this was mentioned.

dmg24

The grievance will be a separate process, and she has to put it in writing. This will be the reason that nothing has been done about it.