Disciplinary Hearing Help??????

zzzLazyDaisy

juliescot wrote: »

Are you saying that the employers are sending the tapes toa solicitor?

How very odd if that is the case.
At this stage the hearing is an internal matter, to be dealt with under company procedures.

Something not right at all

Absolutely. The decision must be made by the Manager holding the disciplinary, not by a solicitor who wasn't even present.

Having said that, it is not unusual for an employer to consult a solicitor to about how strong the case might be IF they decide to dismiss in these circumstances.... what IS unusual is that the employer is being so upfront about it - for precisely the reasons expressed by juliescot - it looks dodgy, and could give the impression that the employer has abdicated the responsibility for making the decision to the solicitor - which is not permitted.

mrg22

Morning all
My Oh feels a lot better having had a sleep, however it has now been suggested that the boss's have reflected on yesterday and are going to invite him back in order for him to say his points.
Would this be normal and acceptable practice/procedure and where does he stand, does he have to as he really doesn't want to be put through their intimidating, harrassing behaviour again. Don't get me wrong my partner can stick up for himself however he felt that they were judge, jury and executioner all rolled into one.

I'm going to take him out today and try to take his mind of things.

chriszzz

Morning!!!

The company has to put it in writing the reasons for him being invited back.
With the nature of the companys unproffesionalism, I would certainly advise that your OH takes someone with him.
I think it may be best if he gets in touch with UCAS, they will give him the advise that he needs.
Sounds like to me that they may have gone over the tape and found that they havent conducted their disciplinay in a unproffesional way which then they can be penalised.
I wouldnt go in there on my own. Hope all goes well!!!

chriszzz

chriszzz wrote: »

Morning!!!

.
Sounds like to me that they may have gone over the tape and found that they havent conducted their disciplinay in a unproffesional way which then they can be penalised.
I wouldnt go in there on my own. Hope all goes well!!!

sorry, meant havent conducted in a proffesional way

mrg22

Sorry to keep asking for advice but just briefly.....
My partner is currently typing out what happened, but how is he supposed to set it out?
At the moment it is in point form E.g.

• I was not able to complete many of my answers due to being interrupted by joe and jane bloggs who were conducting the meeting.
• Due to these interruptions I was unable to state my case and get my points heard.

There are many more points, particularly after the tape was turned off, is this format ok, should he elaborate more, should he state how he felt they were being intimidating and that he felt harrassed?

juliescot

chriszzz wrote: »

Morning!!!

The company has to put it in writing the reasons for him being invited back.
With the nature of the companys unproffesionalism, I would certainly advise that your OH takes someone with him.
I think it may be best if he gets in touch with UCAS, they will give him the advise that he needs.
Sounds like to me that they may have gone over the tape and found that they havent conducted their disciplinay in a unproffesional way which then they can be penalised.
I wouldnt go in there on my own. Hope all goes well!!!

ACAS perhaps?

Good advice though. If the initial disciplinary hearing was closed as opposed to adjourned I would ask to see the notes of that meeting before agreeing to attend a further one.

juliescot

mrg22 wrote: »

Sorry to keep asking for advice but just briefly.....
My partner is currently typing out what happened, but how is he supposed to set it out?
At the moment it is in point form E.g.

• I was not able to complete many of my answers due to being interrupted by joe and jane bloggs who were conducting the meeting.
• Due to these interruptions I was unable to state my case and get my points heard.

There are many more points, particularly after the tape was turned off, is this format ok, should he elaborate more, should he state how he felt they were being intimidating and that he felt harrassed?

He could do the bullet point and then a summary of how he felt the whole experience went and was handled.

It is up to the company to produce an accurate record of the meeting. Your OH should then receive a copy which he has to agree to as being a true and accurate reflection of events. His document that he is typing now will help him veryfy or not, exactly what happened and he is entitled to disagree with what the company produce if he feels it is not correct.

chriszzz

juliescot wrote: »

ACAS perhaps?

Good advice though. If the initial disciplinary hearing was closed as opposed to adjourned I would ask to see the notes of that meeting before agreeing to attend a further one.

lol!! At least one of us is awake!!

zzzLazyDaisy

Just dashing out, will be back in a couple of hours but a couple of points

1. The notes.... start at the beginning, say who was there, and then record what was said and what happened. Try to be as factual as possible, this is a record of the meeting (OH's own 'minutes' if you like).

2. It is correct that it is the employer's responsibility to produce the minutes but in this case I would put money on it that their version will be edited highlights only. Also there may be a long delay in the employer providing the minutes, so it is a good exercise for OH to get his recollections down now.

3. No, it isn;t normal practice to have a second meeting they have obviously realised they have messed up - but yes, OH will have to go along with it - if he doesn't, he can't later complain that he wasn't given a chance to state his case.

catch you later

Daisy

tasha-debt

I would get your partner to call ACAS ASAP: http://www.acas.org.uk/index.aspx?articleid=1410

If they do dismiss him I think he has a case for unfair dismissal based on the fact that they did not follow the ACAS guide lines set for Disciplinary.

It was a very good idea to take the colleague in with him as he has a witness.