Disciplinary hearing help needed

lisa21

Can I firstly say I'm really sorry to read about your situation...

With regards to you looking at your personal files, as far as I understand you are allowed to see any records that directly relate to you anway - these can't be kept secret from you. So you have every right to read your own personal file.

It must be particularly frustrating that there is no independant and impartial body involved - however A few people here have already given good advice about seeking help.

Good luck xx

bbruce

As you understandedly don't want to work there any more, why not wait to be sacked then claim unfair dismissal, defamation of character, loss of wages and anything else you can think of that will hit them in the pocket?
Make sure you take a witness and keep copies of everything (on paper and audio if possible).

fed-up_8

I have been told I can bring somebody to the meeting with me. I have a friend coming who is going to take minutes. I get really nervous in this sort of situation so I have written down what I want to say so I don't forget it all. I just want to get through the meeting and be in a situation where I can get on with finding a new job without an unfair dismissal case holding me back.

hjb123

I hope that everything goes well for you today, what time is the meeting?

Have you a dictaphone that you could maybe record the meeting on?

With regards your personnel files you are able to access them - normally though you have to apply to look at them but they are not meant to hold them back from you so you havent gone too far wrong there if at all.

If you have something added to the disciplinary over accessing these files has the manager that told you this also got disciplined?

When in the meeting just tell the truth about what happened.

Have you had any help/advice from ACAS or the CAB?

fed-up_8

The meeting is at 2 o'clock today. As far as I am aware the manager has not had any disciplinary action against her. Am I allowed to ask them that today?

I have not been able to get in touch with the CAB - their phones are constantly engaged. ACAS were only able to give the same advice as is available on their website, nothing specific unfortunately.

hjb123

I dont know whether you are able to ask that but its a point if you are getting disciplined for it then so should she be.

Good Luck!

hollydays

I would think anything you are accused of,you could ask the question "For what reason are you asking me that question?,or "What information have you been given that leads you to believe that?" this might then draw out a bit further this Managers involvement,then allowing you to find out what the manager has told them about you.If you ask them any question that they refuse to answer,you are entitled to ask them for what reason they are refusing to answer.

hjb123

Hope alls gone okay? Let us know when you feel upto it!

Ivrytwr3

With regards to you looking at your personal files, as far as I understand you are allowed to see any records that directly relate to you anway - these can't be kept secret from you. So you have every right to read your own personal file.

That is true, however, breaking into a locked cabinet to access this is illegal. You have to request this information and (normally within 24/48 hours) then it will be given to you.

If i were in your shoes, I would certainly not state that i looked at my file, in fact i wuold deny ever being present when the cabinet was broken into. However, that is one for your integrity.

It looks to me that they are looking to get rid of you, the manager doesn't seem to be helpful either! If you're in a Union, speak to them, but as someone else mentioned, start looking for another job

jobbingmusician

If this goes to tribunal, the key issue will be 'did the employer behave as a reasonable employer?'

Considering the facts, it would be reasonable for an employer to sack an employee for breaking into a locked filing cabinet (no matter what files were actually accessed). It would be far less reasonable for an employer to sack an employee for reading a file in an already opened cabinet, especially in the absence of a confidentiality policy. THe important issue as I see it would be breaking into a cabinet (destruction of property, and accessing something which is clearly being kept under lock and key) rather than reading the file. Keep these separate in your mind.

If you can prove you did not break into the cabinet, therefore, you are in a much stronger position. If it boils down to one person's word against another, it is normally considered reasonable for the employer to conclude that you are guilty (sorry for the potentially bad news).

It remains illegal for them not to have given you a contract. Even if the disciplinary goes pearshaped, and concludes that you did break into a cabinet, you can offer to trade your resignation for a good reference, in return for not suing them for not issuing you with a contract which made your expected conduct clear. The fact that the disciplinary is (presumably) now over does not alter this.

By the way, it is very unusual to call a disciplinary at such short notice. It is normally recommended that employers give AT LEAST 3 days' (I think it is) notice, to enable you to get someone to come with you. If the short notice made it impossible for you to get representation (I am assuming that you were told about this meeting today, which is what it sounds like from your posts) then any disciplinary action following as a result of this meeting is likely to be unfair.

Of course, do involve the Union if you are a member

Let us know what happens /has happened - as you may realise from this post, I believe your employers continue to make mistakes, and all is not lost whatever has happened.