Advice about dismissal - please

Liz_the_Whizz

amber,

Good luck to you both for tomorrow - I think it highly unlikely they will let him take anyone into the hearing who is not a work colleague, so he better be prepared for that.

If he does have to go it alone, one possibility is to ask for an independent notetaker to be present. Or even ask if he can record it - doubtful they will agree, I know, but hard to argue against if they have nothing to hide.

If no dice, he should make clear that he needs time to note down the evidence against him and then ask for an adjournment to give him some thinking time before he makes any response. He could always ring you or someone else during the adjournment to talk it through.

It is important to remember that disciplinary hearings are not like law courts. It's not about innocence - employment law is based on probabilities, case law and the precepts of natural justice and reasonable behaviour (or lack of it). So often it does come down to one person's word against another, and even if they get the decision wrong, whether an employer has acted reasonably in the circumstances and followed a fair process.

So your DH needs to take his time, listen carefully, keep calm and answer the allegations as best he can as things unfold. He should also take the opportunity to remind them what a good and loyal employee he has been, how much money he has made for them and how he cannot understand how things changed so suddenly.

Let us know how it goes.

rach29

I would think that by denying him the right to contact work colleagues they are effectively denying him the right to have a trusted colleague at the meeting which will not look good if it goes to a tribunal.

Good Luck for tomorrow

Amber07

Thanks for the luck - I reckon we are going to need it.

He has managed to contact a colleague who is willing to be an independant witness. I know he was told not to contact anyone, but really, what else was he meant to do!

Never heard back from the solicitor - we tried half a dozen but kept getting voicemails. So we just need to hope for the best now and get legal advice later in the week.

Burny_Sweetwater_Glasgow

Don't think hubby wants to look too awkward by postponing. And it's another strike against them really, isn't it?
Yes you are right about that, how ever your OH has every right to have sufficient time to prepare for the meeting and if inadequate notice has been given then he should ask for a postponement. They cannot reasonably refuse unless of course they want another strike against them. I know the meeting is tomorrow thats if you see this today and I would suggest that even if he does go to the meeting he makes it quite clear and ensures that it is minuted that he has had insufficient notice to prepare for the meeting. One very important question, you say that OH had a phone call on Friday to attend a meeting on Tuesday, I think you will find that notification has to been sent by letter, which must contain the reasons for the meeting in order for your OH to be able to gather any required evidence etc to present at the meeting. If they have only made a phone call I think they have scored a very large strike against themselves.
I hope you see this before the meeting and wish your OH the best of luck, tell him to stand his ground and ensure that they comply with required procedures.
Best of luck to you both will be thinking of you both as will many others I think.

Amber07

Burny_Sweetwater_Glasgow wrote: »

Don't think hubby wants to look too awkward by postponing. And it's another strike against them really, isn't it?
Yes you are right about that, how ever your OH has every right to have sufficient time to prepare for the meeting and if inadequate notice has been given then he should ask for a postponement. They cannot reasonably refuse unless of course they want another strike against them. I know the meeting is tomorrow thats if you see this today and I would suggest that even if he does go to the meeting he makes it quite clear and ensures that it is minuted that he has had insufficient notice to prepare for the meeting. I will make sure I let him know to say something about it One very important question, you say that OH had a phone call on Friday to attend a meeting on Tuesday, I think you will find that notification has to been sent by letter, which must contain the reasons for the meeting in order for your OH to be able to gather any required evidence etc to present at the meeting. Would that not have been the letter stating his suspension then?? Because we did get that on Thurs, even though it only listed a few points. If they have only made a phone call I think they have scored a very large strike against themselves.
I hope you see this before the meeting and wish your OH the best of luck, tell him to stand his ground and ensure that they comply with required procedures. I will do, thanks very much
Best of luck to you both will be thinking of you both as will many others I think.

Thanks again - I will report back tomorrow, hopefully it won't be ALL bad news.

Burny_Sweetwater_Glasgow

Hi,
Re the letter, did it state the date of this meeting, did they provide you with any of the evidence that they are going to use at the meeting oor are they keeping that as a suprise! If, due to the evidence they present, requires for the meeting to be adjourned for OH to be able to pull together his responses then ask for an adjounment, any reasonable employer would allow for this. If letter did not give the date and they have not provided sufficient information for OH to be prepared or time to do so and they refuse a request for an adjournment they must be going for 3 strikes and they are out. Stick to the rules and let them dig an even deeper hole but do be aware that even though they may continue breaking the procedures OH could still end up sacked and going to tribunal. But I would have thought that if this happens and you take all your evidence of how all this panned out to a good employment lawyer they will rip them to shreds for all of there blatant disregard for the proper procedures. DO make sure that OH gets a copy of notes signed by them and himself stating that they are a true account of the meeting. Ask them to photocopy them there and then for OH.

Amber07

Burny_Sweetwater_Glasgow wrote: »

Hi,
Re the letter, did it state the date of this meeting, No, the exact wording is 'I will contact you shortly to advise you of the time and place of your disciplinary hearing.did they provide you with any of the evidence that they are going to use at the meeting oor are they keeping that as a suprise! No evidence at all, not even a full list of allegations If, due to the evidence they present, requires for the meeting to be adjourned for OH to be able to pull together his responses then ask for an adjounment, any reasonable employer would allow for this. 'Reasonable employer' :rotfl: If letter did not give the date and they have not provided sufficient information for OH to be prepared or time to do so and they refuse a request for an adjournment they must be going for 3 strikes and they are out. Stick to the rules and let them dig an even deeper hole but do be aware that even though they may continue breaking the procedures OH could still end up sacked and going to tribunal. He WILL be sacked, I have no doubt about that - they have implied already on two occasions that he doesn't stand a chance, their decidion was made the day they suspended him But I would have thought that if this happens and you take all your evidence of how all this panned out to a good employment lawyer they will rip them to shreds for all of there blatant disregard for the proper procedures. Here's hoping!! We will be seeing a lawyer asap DO make sure that OH gets a copy of notes signed by them and himself stating that they are a true account of the meeting. Ask them to photocopy them there and then for OH. Well, it's his colleague that will be taking notes, I don't know what the company is doing, but I will make sure he asks for a copy if they take minutes.

Thank you Burny



I can't sleep, I'm so worried for him

Burny_Sweetwater_Glasgow

Hi Final posting if you are still awake.Tell OH that they must give him a right to appeal, this would normally be in the form of a letter that notified OH of their final decision, note that if OH is dismissed it would be worth noting if there was a break between the main meeting and the announcement of the decision (normal practice to consider what employee has said and I suppose to make out that the decision to dismiss was not already decided upon) and that he has a right to be given a statement for there reasons for the dismissal if he requests one (if he does they have 14 days to provide it)
Hope you manage some sleep OH will need your support in a few hours time. Hang on in there!!

Amber07

^^Thanks, I have told him to take note and to ask for a dismissal statement.

He's there just now, I'm sitting here on edge. The house is spotless, I have been scrubbing since 8am

*bites fingernails*

McKneff

good luck to you both, we're all sitting on the edge with you.
Dont let the bstds grind you down.