Disciplinary Hearing Help??????

Zazen999

When he does go into the next meeting; make sure that the person with him makes notes throughout........that's what they are there for.

And go through the ACAS discipline and grievance procedures with a fine toothcomb so that you know what they should do and when; even better if he has a copy of the company's D&G procedures........they should follow them to the letter.

pelirocco

This is the checklist we have to use before we call a disciplinary meeting , i hope it helps

Example Only
PREPARATION DISCIPLINARY HEARING CHECKLIST


Always insist that reports of alleged misconduct are in writing and contain detail of specific offences, consequences and evidence/witnesses.

Always confirm the precise nature of the allegations to the employee(s) involved, preferably in writing. State how seriously the company is taking the matter(s) and the potential consequences, if no explanation is forthcoming.

Always suspend the employee(s) on pay if the charges are considered to be serious, particularly if thought to be gross misconduct and likely to lead to dismissal.

Always allow adequate time for both the employee(s) and the company to prepare their case before a disciplinary hearing is arranged.

Always confirm the arrangements for the disciplinary hearing in writing; venue, date, time and the names/roles of the persons involved. Ensure that the employee(s) is reminded of the right to be accompanied and the level of participation the person will be permitted.


THE DISCIPLINARY HEARING



Always ensure that the venue and furniture are suitable and adequate. Allow sufficient time for all matters to be dealt with in an unhurried manner. Insist that there must be no interruptions. Prepare all evidence/statements and ensure all witnesses are available.

Always commence the disciplinary hearing by explaining the following:

1.The purpose of the meeting.
2.Introductions of the persons present and the roles they are to play, establish the procedures to be followed.
3.Ensure note/minute takers have adequate pens and paper.
4.List the charges to be heard.

Always tackle each charge issue one at a time in a logical or chronological sequence. Ensure the employee has a full opportunity to state his case/put his explanation uninterrupted.

Always ensure the questioning or challenging of the employee’s statement or explanation is objective. Avoid at all cost levity and/or derision/disinterest. Clearly state the company’s view, policy or procedure for each charge/issue.

Always summarise the charge/issue covered and the discussions involved before moving on. Allow an opportunity for the employee to amend, add or restate detail of the discussions.

(Only call witness to be present and remain present for those parts of the proceedings to which they are relevant).

Always offer the employee the opportunity to make a submission for leniency or for other mitigating circumstances to be taken into account prior to adjourning the meeting.

(Do not announce a decision at this stage).


ADJOURNMENT & DECISION





Always make notes of the statement(s)/decision(s) to be given verbally when the disciplinary hearing is reconvened. Include reason(s) for the decision(s) taken.

Always confirm the right and process of appeal against the disciplinary action taken.

Always confirm that the outcome of the disciplinary hearing will be confirmed in writing

zzzLazyDaisy

This is a great example of how a disciplinary hearing *should* be conducted.

BUT OH shouldn't fall into the trap of telling them how to do things. All he would be doing is to help them to carry out the disciplinary (and any subsequent dismissal) in accordance with legal procedural requirements, and thus reduce his chance of success at a future tribunal.

They have a solicitor it is not OH's job to explain the law to them.

What OH needs to focus on is explaining what happened, from his point of view and to the best of his ability, including any mitigating circumstances.

I have a few more questions, if you will bear with me....

1 When he was informed that he was required to attend the original disciplinary, was he notified in writing?

2 If so, did the letter explain clearly what the company's concerns were?

3 Did I understand correctly that during the meeting other matters were raised that he hadn't been informed of, so hadn't had chance to prepare his response beforehand?

The advice given above that notice of the re-convened meeting should be given in writing and should also state the issues that OH is expected to address. If they don't put this in writing and/or don't provide the tape/minutes then OH needs to put something in writing to them (I am happy to provide an outline letter if this helps)

Daisy

mrg22

Thankyou so much Daisy for your help/guidance.

My partner did have a letter which outlined the concerns before the hearing. Up to the meeting I think everything was done as it should have been.

However the meeting from what I can gather simply fell apart and became a bit of a mud throwing excersise from their side. They stated that 6 months ago there had been a personnel problem with staff members, my partner sorted it out but obviously not to the satisfaction of his boss's as they said that the time it took to sort it out cost them money and he should have been 'man' enough to get it sorted quicker. I acknowledge I am biased as he is my OH, however i know him better than anyone and I know he worked dam hard for that company and went above and beyond his job role to help these people to the detriment of his own health which by the way is acknowledged by all the members of staff except his boss.

Sorry for the last paragraph, I just needed to have a rant, but that is it for today, my level headed brain is back on!!!!!!!

zzzLazyDaisy

mrg22 wrote: »

Sorry for the last paragraph, I just needed to have a rant, but that is it for today, my level headed brain is back on!!!!!!!

LOL.... I think you deserve a rant in the circs!

Yes you are right, if they had a problem 6 months ago they should have raised it then.

As for the next hearing - they are obviously aware of the need to confirm things in writing, so hopefully they will also inform him in writing about the re-convened hearing, if that's what is going to happen.

In the meantime I'd still ask for a copy of the tape and the minutes. Frankly I don't believe the tape is with the solcitor... I have in the past had the misfortune to have to listen to police tapes with a view to advising the client - it is unbelievably tedious and takes hours. In my view the cost would be out of all proportion to the case at this stage.

Keep posting, but to be honest I wouldn't do anything tonight apart from open a bottle of wine (or two )

Daisy

PS I meant to ask - is OH currently suspended / on paid leave, or is he still going into work?

mrg22

My Partner is suspended on full pay at the moment.
He has gone to his mates house this evening to have a drink and man chat etc. His boss popped by after he left with the transcript of the meeting, he wouldn't leave it with me as he said he needed my OH to sign it, Do you think that this means he his going to stand over him whilst my OH goes through it to confirm if it is a true account etc, A bit pressurising isn't it?.
The other thing we were wondering is...
During the meeting and when tempers were flying, one of the partners - my OH's bosses) blurted out that they were bankrupt and as of yesterday (Reffering to the day before the hearing) the other partner no longer worked for the company. The partner he was refering to was an active member of the hearing and led it? If no longer classed as working there should this person have even attended the meeting let alone chaired it??? Or does it really not matter?
It is all such a mess, if the recording does not go to the solicitor then I do hope the transcript gives an acurate record, I guess we will find out in the morning!!

zzzLazyDaisy

mrg22 wrote: »

My Partner is suspended on full pay at the moment. He has gone to his mates house this evening to have a drink and man chat etc.

Good for him!

His boss popped by after he left with the transcript of the meeting, he wouldn't leave it with me as he said he needed my OH to sign it, Do you think that this means he his going to stand over him whilst my OH goes through it to confirm if it is a true account etc, A bit pressurising isn't it?.

OH should prepare a short letter, confirming receipt of the minutes, and hand that over when the boss comes. That should be sufficient, but if boss wants him to sign to say it is accurate, OH should stand his ground and say that he will send a copy of the signed minutes back, when he has had the chance to look through them fully. If boss still insists on a signature, OH should sign them and put in brackets (unread)

The other thing we were wondering is...
During the meeting and when tempers were flying, one of the partners - my OH's bosses) blurted out that they were bankrupt and as of yesterday (Reffering to the day before the hearing) the other partner no longer worked for the company. The partner he was refering to was an active member of the hearing and led it? If no longer classed as working there should this person have even attended the meeting let alone chaired it??? Or does it really not matter?

Yes, you are right, if he is no longer employed there, he should not have chaired the meeting. I suppose there might be some justification if, say, all the others were involved in the events and this man was the only person who could reasonably be said to be impartial.... :rolleyes:

But it is a mess for them too... the only person who can give evidence at a tribunal hearing is the person who actually makes the decision to dismiss (if that is what happens). If this person is no longer working for the company, how can he have authority to dismiss OH? AND by the time a tribunal hearing came round, what incentive would there be for him to turn up and give evidence anyway?

It is all such a mess, if the recording does not go to the solicitor then I do hope the transcript gives an acurate record, I guess we will find out in the morning!!

Which is why OH should make his own independent notes of the meeting..

Just one further comment.....

If this place really is insolvent it may all be irrelevant because everyone will end up redundant anyway. Then OH's claim would be for unfair dismissal and a redundancy payment on the basis that the real reason for the dismissal was to avoid paying him redundancy pay (which, I think, is what you said earlier?)

For the moment, another day is over. And although it is easy for me to say, and harder for you to do, try to forget about it until tomorrow. Worrying won't change what happens, all it will do is make you more stressed and less able to cope.

xxx

mrg22

Thanks Daisy!

DVardysShadow

mrg22 wrote: »

He has gone to his mates house this evening to have a drink and man chat etc. His boss popped by after he left with the transcript of the meeting, he wouldn't leave it with me as he said he needed my OH to sign it, Do you think that this means he his going to stand over him whilst my OH goes through it to confirm if it is a true account etc, A bit pressurising isn't it?.

Absolutely it is pressurising.

Under no circumstances should he sign it - or if he is under pressure he could "co-operate" and write "signing for receipt and not for content" before adding his signature.

Do write your own diary note of this encounter.

foxy-roxy

It's like taking a step back in time reading what your OH is going through.
I didn't think people were treated like that anymore?
I really hope everything works out for you and your husband.
Let us know how it progresses.
(((((HUGS))))))))