Disiplinary procedure

swtchick87

Hey all,

Wanted to ask some advice about disiplinary procedures. Iv looked on the internet but i really wanted to know from someone who has experianced it first hand or know of omeone who has been through it. My husband is to have his in a few days and im worried about what actions could be taken, i.e, if he might lose his job.

Any advice is appreciated,

Many thanks!:o

happyhappygal

Is he guilty of what he has been accused of?
Has he had any prior warnings?

There is a whole can of worms thats needs opening here in order to try and identify how at risk his job is....and even then it wouldn't be set in stone.

Try not to spend the next few days worrying and if you can shed anymore light on his situation it would enable a more thorough opinion.

lcharm

her you go http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DG_10028114


But basically, if your husband is not in the wrong and he is being harassed then he can take them to an employment tribunal but like Happy said unless you shed some light on the situation there's not much else anyone can advise you!

swtchick87

Yeh he is guilty, he fell a sleep on the job for a bit, he was under pressure, and didnt sleep for days, and dozzed of at work.

SomeBozo

swtchick87 wrote: »

Yeh he is guilty, he fell a sleep on the job for a bit, he was under pressure, and didnt sleep for days, and dozzed of at work.

Nothing else to say on this really.

At some jobs failling asleep can be deadly (airline pilot, driver) others its simply a sackable offence (office based).

Bozo

ceridwen

Have they gone through the whole warnings procedure? Verbal warning, written warning, etc? They have to follow proper procedures - they cant normally just leap on someone for a first "offence".

SomeBozo

ceridwen wrote: »

Have they gone through the whole warnings procedure? Verbal warning, written warning, etc? They have to follow proper procedures - they cant normally just leap on someone for a first "offence".

Of course they can. If its serious enough.

Bozo

ohreally

Any mitigation, prescription medication, persisting stress/ mental health issue perhaps exacerbated by meds, poor sleep pattern with a medical cause, addiction problem either alcohol or drugs?

Is there a union he can approach?

Popsicle

Hi! SomeBozo is right it could be deemed gross misconduct on two levels - A serious breach of health and safety (eg if working in a factory) or negligence. He could try to mitigate with reasons why. Also, was the company aware of any of issues beforehand that caused him to fall asleep? The reason I ask is that they have a duty of care for the health and safety of all employees and you may be able to argue this to help mitigate. Did they follow the statutory procedure eg write to him giving him over 24 notice of the hearing, provide him with all the evidence they plan to use and give him the option of a witness? Also have they warned him that he may be dismissed? If you go on the ACAS website, there is a handbook for disciplinaries. It is not legally binding for employers to follow it, but Tribunals often penalise companies if they do not follow it. I would recommend your husband having a read beforehand as it is quite useful.

littlestar1981

The employer should have some kind of policy in place which details verying levels of misconducts, and also the warnings policy.

It can also depend on whether the employee is permanent or temporary, also whether they are still in their probationary period. Any mitigation can be applied but I think medical reasons you have to have back up (e.g doctor referral)

Has he consulted a union, if he is in one?

swtchick87

Hes a security officer, he was doing nights. There were 6 of them on duty. Hes been ill lately, and been unable to sleep due to other contributing factors, (money worries). Hes been working with the company for over 2 years, this is the first time such thing has happened. No warning, or written warning.