Disciplinary Hearing Help??????

mrg22

Hi There

My partner has just come back from his hearing in a right state, It was for gross negligence. The hearing was rushed, the people asking him the questions did not allow him to respond fully asking for yes no answers not allowing him to elaborate and discuss the mitigating circumstances, he said he felt intimidated as the people conducting the hearing were coming across aggressive. - They were also extreamly insistant in wanting him to tell them who was responsible for paying the estimated loss which occurred due to his error, he is extreamly, extreamly sorry that he made the mistake but was under a huge amount of pressure from work when it occured. I know this comes from me (I suppose being biased) but does this appear to be a fair hearing.
Also when the hearing came to an end and the tape had been turned off, the people conducting the hearing became even more aggressive and emotional to the point where one picked up a wooden chair and banged it against the floor three times until it broke into pieces. At this point my partner felt it best to leave the room.
He is pretty sure that they want to dismiss him.

Any comments and advice would be much appreciated.

Jomo

I haven't really got much advice, sorry, but by the sounds of it the people taking control of the hearing don't sound very professional.

juliescot

mrg22 wrote: »

Hi There

My partner has just come back from his hearing in a right state, It was for gross negligence. The hearing was rushed, the people asking him the questions did not allow him to respond asking for yes no answers not allowing him to elaborate and discuss the mitigating circumstances, he said he felt intimidated as the people conducting the hearing were coming across aggressive and kept getting very emotional and reminding him that one of them has cancer - They were also extreamly insistant in wanting him to tell them who was responsible for paying the estimated loss which occurred due to his error, he is extreamly, extreamly sorry that he made the mistake but was under a huge amount of pressure from work when it occured. I know this comes from me (I suppose being biased) but does this appear to be a fair hearing.
Also when the hearing came to an end and the tape had been turned off, the people conducting the hearing became even more aggressive and emotional to the point where one picked up a wooden chair and banged it against the floor three times until it broke into pieces. At this point my partner felt it best to leave the room.
He is pretty sure that they want to dismiss him.

Any comments and advice would be much appreciated.

Did he have someone with him?

When he gets the notes of the meeting he can dispute them if they are not a true and accurate record of the meeting.

If there is an outcome to the proceedings that he disagrees with he can appeal.

As the hearing was taped he should ask for a copy of the tape to be made for him to listen to.

jackiegibbo

mrg22 wrote: »

Hi There

My partner has just come back from his hearing in a right state, It was for gross negligence. The hearing was rushed, the people asking him the questions did not allow him to respond asking for yes no answers not allowing him to elaborate and discuss the mitigating circumstances, he said he felt intimidated as the people conducting the hearing were coming across aggressive and kept getting very emotional and reminding him that one of them has cancer - They were also extreamly insistant in wanting him to tell them who was responsible for paying the estimated loss which occurred due to his error, he is extreamly, extreamly sorry that he made the mistake but was under a huge amount of pressure from work when it occured. I know this comes from me (I suppose being biased) but does this appear to be a fair hearing.
Also when the hearing came to an end and the tape had been turned off, the people conducting the hearing became even more aggressive and emotional to the point where one picked up a wooden chair and banged it against the floor three times until it broke into pieces. At this point my partner felt it best to leave the room.
He is pretty sure that they want to dismiss him.

Any comments and advice would be much appreciated.

I do hope he didnt go into the hearing on his own???

mrg22

Hello

Yes he did have someone with him, who equally felt intimidated by the behaviour. Should he make a grievance about the chair incident or does it not have relevance because it was after the meeting was closed and the tape was turned off?

juliescot

mrg22 wrote: »

Hello

Yes he did have someone with him, who equally felt intimidated by the behaviour. Should he make a grievance about the chair incident or does it not have relevance because it was after the meeting was closed and the tape was turned off?

I think once he has seen the notes of the meeting he should add a bit about what happened after the meeting "officially" ended

McKneff

I would have thought after the meeting was closed, nothing more should have been said.

Was it colleague who was with him, ideally, it should have been a union rep.

mrg22

He works for a small business and isn't a member of a union so the person who went in with him was a work colleague.

thankyou for your responses,
McKneff are you suggesting that what was said and done after the meeting shouldn't matter?

juliescot

If it was not part of the meeting it should form no part of the process, however f your husband was intimidated by the attitude of the people there it is worth mentioning to put the whole thing in context.

Was he informed of the disciplinary procedure before he was invited to attend

Mudd14

I would raise a grievance in the way the meeting was conducted.

If you reicve notice of his dismissal it may be worth appealing and combining the grievance and appeal at the same time.

McKneff

mrg22 wrote: »

He works for a small business and isn't a member of a union so the person who went in with him was a work colleague.

thankyou for your responses,
McKneff are you suggesting that what was said and done after the meeting shouldn't matter?

No, not at all, sorry if it came over that way. What i meant was that the employer should not have said or done anything after the meeting was closed and the tape was stopped.
The fact that it was matters a great deal. they were wrong to do this because it wasnt fair to your husband or his witness. When or if an appeal comes up the witness is going to be between a rock and a hard place wondering if he is going to be next for being a witness.
I hope all goes well.