Anybody know anything about a Disciplinary Hearing?

sandralovescats

I have been called to attend a Disciplinary Hearing in January by someone I worked for part-time.

The original interview was done in an illegal fashion to start with - I was not informed in writing prior to the Meeting of the complaint that had been raised against me.
The Meeting itself was recorded on paper, but I was not allowed to see it nor sign it.
I laid two Grievances against my employer - both have been totally ignored.

I had a Solicitor who said that my employer did not have a leg to stand on. I changed Solicitor three weeks ago - who said the same as the first solicitor. They haven't had time to get their teeth into the case yet.


Where do I go from here?

Can I get them to stop the Disciplinary Hearing on the grounds that the original interview was not carried out correctly and make them redo it.

Or, do I just let it go ahead - let them tar and feather me - and pronounce me guilty?

I am just tired of this whole circus and it is making me ill.

Cara79

sandralovescats wrote:

I have been called to attend a Disciplinary Hearing in January by someone I worked for part-time.

Do you not work for them now? If not, how can they take disciplinary action against you? Normally the worst result of disciplinary is that you're sacked?!?

It must be horrible pressure. At least you have a solicitor on board who will act in your best interests. Also, they will be allowed to attend the disciplinary hearing in January with you.

Wish you all the best,
x

sandralovescats

I am employed to teach on a part-time basis. I have not been teaching this term, no.

I was accused of discriminating against a student because she is disabled. First of all that is not true. Also, I am disabled myself.

I asked the first Solicitor a question - if I WAS actually guilty of that, what would the consequences be?

His reply was that they would give me a warning and register it on my employment record.

I was told in August that I must not teach until it was sorted out. I have not been paid. The Solicitor says that the employment law states that it must be "suspension on full pay without prejudice". The employer says that I have not been suspended - but I have still not been paid!
They have given the Solicitor the runaround too!

jayne.doe

Hi Sandra have you tried acas yet https://www.acas.org.uk I find them really helpful, for all employment legislation.

Savvy_Sue

There will be information on the ACAS site (although I think it will agree with what your solicitors have said). If there is any doubt that your new solicitor will get a letter to your employer before Christmas, you could consider drafting one yourself with help from ACAS. That should give your employer pause for thought!

sandralovescats

I had a look at the ACAS site, thanks!

I think I might be best off going for Constructive Dismissal, since I have no intentions of ever working for them again.

Have sent an email to the Solicitor to see what he thinks.

I can still go ahead and take them to court for compensation etc, so that is not a problem.

Will keep you informed.

Mrs_Supersaver_1

Hi Sandra

Are you in a Union? If so what are they doing to help you?

Acas are excellent I've used them on 2 occassions Re: Wages and Grievance and both times Acas were right and my employer had to do as advised by them.

If you have a permanent job at the school, get in touch with your LEA's HR dept and ask them why you are not being paid? Request they put it in writing to you. Take a copy and write a letter to your Chair of Governors - they will not be amused you have been treated badly (I speak as a Governor)

Sandra as a disabled person you have 'rights' - get yourself over to
Benefits and Work site, ask for help from Holiday, Employer Law Specialist.

Finally, if the date/time of your meeting in January is not convienent to you the school MUST make allowances, have school told you of your right to be represented? Usually by a friend, union rep, another member of staff or spouse.

On the down side, I have first hand experience of this situation un- fortunateately I was the 'victim' and the named person was made to leave at the next half-term.

Good luck, keep your chin up and prepare your case well.

Let us know how things turn out.
xx

angchris

i have just been through a disciplinary saga myself:rolleyes: after working for a company for 8 years they decided to close and all of a sudden 7 of us that worked there were suddenly deemed unfit to work there as our work wasnt up to scratch anymore! (our work was fine when they needed us though :mad: ) i personally didnt want to work for the company anymore because they showed their true colours when it came to the crunch any way to cut a long story very short i had already decided to resign before they started finding fault but just out of pure spite i fought it to the bitter end with the help of the union then just before they were gonna put my head on the chopping block for the 3rd and final time i resigned :rotfl: they must of spent hundreds of pounds getting all the info up together in man hours i can honestly say i have never enjoyed myself as much as i did that day! the look on the managers face`s was a pure picture when i pipped them to the post. if they had treated their employees with a bit of respect then i never would of done what i did!
however you decide to pursue your case i wish you the best of luck, just remember you have rights too,take the union with you or your soliciter to the diciplinary and make sure you know exactly what your rights are before you go in and keep us posted as to the outcome as i`d be very interested

sandralovescats

I have always been self-employed and, when I started to teach part-time, it never entered my head to join a Union. I am a member now, but wasn't at the time of the original complaint going in.

I teach adults part-time, not in a school.

These papers that they have sent to me are full of blatant lies, errors and omissions.
From my Interview in August - which was not recorded to Employment Law regulations - they have changed words that I used, and altered the meanings of things I had said, to make me look the demon in all of this.
The complainant has had Parkinsons' for 32 years and she was a friend for nearly 10 years. Since January her medication was not working and she went into hospital in May for three weeks so that the hospital could do something since her medication was not working. She was making up stories about other students, spreading malicious rumours, slandering students, causing trouble, wetting herself in class and in my car. Lying about her family and her husband, etc. Back in March, knowing she was to have three weeks in hospital I persuaded her to give the Summer term a miss and she agreed.
Come May all hell broke loose and I was excused of "throwing her off the course" . The courses are run in 10 week segments independant to each term.

Just one example of the "record" of the Meeting - I said the student was "unstable", the record says I said that she is "insane".

ACAS told me back in October to go for Constructive Dismissal and then start proceedings against them. At the time the Solicitor said not to do this if I wanted to continue to teach.

angchris

are you still employed by them? if so do you want to continue working for them or have you found employment elsewhere? if your employer states that you havent been suspended then surely you can still work for them sounds to me like they have gone about it all the wrong way and they want to frighten you into resigning. surely she can retake the 10 week segment she missed anyway i know its a horrible thing to go through but if you`ve done nothing wrong then you`ve got nothing to be worried about, keep your spirits up and fight em all the way

sandralovescats

Technically, yes, I am still on the payroll.

At the beginning og August I was told "hang fire on the classes until Monday until I have made my decision" - I am still waiting.

So, I was not allowed to teach in September.
They have since told the Solicitor that I had no students for any of my classes - I can prove that I had at least 15 students for each class that I was taking - 8 x 2 hour classes per week.

I only taught part-time. I had to give up my main profession due to ill health so am living on Incapacity Benefit. They have literally removed the profession I was going to go into.

I have done nothing wrong - but they have got me tarred and feathered. The Disciplinary Hearing is held by the people in the same department whom have made up all the lies and stories in the first place.

As I said, it is a circus.

Also, I was down to take two classes for my own benefit, to further my teaching career. Both classes have sworn that they have never heard of me and that the classes are full.
I know all this is illegal but they are just running rings around me and the Solicitor.