Dismissed today - please help what to do next

BitterAndTwisted

AFAIK he can ask anyone to accompany him to the meeting, it doesn't have to be a colleague or union rep. despite them saying so.

These employers sound like very slippery customers who think they understand employment law but probably do not, Speak to ACAS, they will advise

Zazen999

BitterAndTwisted wrote: »

AFAIK he can ask anyone to accompany him to the meeting, it doesn't have to be a colleague or union rep. despite them saying so.

Sorry, where did you get this from?

elsien

Check with ACAS, but I think legally it is just the union rep or a colleague. Some companies allow more, but they don't have to. He can ask, but be prepared for a no.
If I were him I'd take the colleague. It's not about them taking sides or putting their own necks on the line, it's about not getting bullied, or missing something important because you're stressed and not thinking straight if you go in there on your own.
From a HR site:
"The companion must be permitted to address the hearing in order to put the worker's case, sum up the case and respond on the worker's behalf to any view expressed at the hearing. He or she must also be permitted to confer with the worker during the hearing. However, the companion has no right to answer questions on behalf of the worker, to address the hearing if the worker does not wish him or her to do so, or to prevent the employer explaining its case."

So the companion is more a moral support and making sure you don't miss something vital/ misunderstand what's been said (and to have a witness so they can't twist things around afterwards.)
It's important for your husband to have some one with him, and if he's not in a union then that really leaves just the colleague, I'm afraid.

Emmzi

it is indeed colleague or union rep - someone internal.

(HR bod here)

please ask for a copy of the internal disciplinary procedure in writing before this next meeting to ensure they have followed their own procedure.

as0ta

BitterAndTwisted wrote: »

AFAIK he can ask anyone to accompany him to the meeting, it doesn't have to be a colleague or union rep. despite them saying so.

http://www.acas.org.uk/index.aspx?articleid=917

What is the right to be accompanied?

"It is the statutory right for a worker to be accompanied, by a fellow worker or trade union official, at certain disciplinary and grievance meetings.

Workers should be informed that they have a statutory right to be accompanied by a fellow worker or trade union official if they make a reasonable request to be so accompanied".
The norm.

"It has always been good employment relations practice to allow a worker to be accompanied or represented, and many organisations include such rights in contracts as a matter of course, sometimes extending the right to include representation or accompaniment by spouses, partners, carers, or friends".
Very rarely allowed. Check company handbook, policy.

jim_walton

Ring the employment tribunal service and ask their advice.

The will tell you if they have jurisdiction.
When sacking someone, procedure is very important and you may be awarded damages if this is the case..
It won't cost you a penny and you have nothing to lose!

taba

The appeal meeting is tomorrow, one of the directors called this afternoon to say they have just realised that they should not be in the meeting as they were in the previous two meetings and asked if he objected to meeting them or another director on Friday with someone else to take notes! He agreed to meet them as the other director is from the liquidated company and so far everyone from the previous seems to have left since the transfer to the new company or been sacked before they had completed a year under their new contract.

This does not sound like they are taking this very seriously I did call them Monday to see if someone else could accompany him and they said no that was not allowed I said it was possible if both parties agreed and he said he would check with their solicitor, he called back and said no but I am wondering now if they had even read the appeal letter until this afternoon and are regarding this as a formality

bank_of_slate

hope the meeting goes well tomorrow taba
...Linda xx

dramaqueen1973

Did not want to run without saying Good Luck for tom!

Keep us updated

xx

jim_walton

Might sound daft but in desperation he could say I did the private work during my lunch break. Anything is worth a shout when your up against it........Or maybe I did the work at home and emailed it to my self at work by mistake... I don't mean to sound disrespectful or anything but i would try anything to get out of this!!