Urgent Help Required on Pending Disciplinary Hearing

Casua_Observer

I have a few questions relating to an ongoing disciplinary that my partner is currently going through.

She was suspended on full pay back in early May. Apart from one interview to investigate the allegations, she did not hear anything until 25 August when a recorded letter and big pack of covering documentation arrived inviting her to a disciplinary hearing on 30 August, directly after the Bank Holiday. My partner contacted the HR department to advise that she would require further time to prepare her case and speak with her union rep.

The company requested confirmation of a new date within 5 days, however, as the union rep was going away on holiday until mid-September she asked for a further deferral until after they got back. Despite folllowing up with calls from both my partner and union rep, the company still set a new date, sent by email and letter on Saturday 3 Setember for a hearing that was due to happen today (7 September) and could go ahead without her.

She again submitted two emails explaining the above and indicating that she was unhappy with the allegations and briefly outlined some disrepancies in the investigation, including the fact that she had not signed the interview form, which was inaccurate anyway. She has not heard if the meeting has gone ahead.

Three questions come out that I would be grateful for comments and opinions on:

1. They have taken 3.5 months to complete their investigation, but yet she has only initially allowed 2/3 working days to prepare her case, call witnesses, submit statements etc - surely this is not fair and reasonable.

2. She has explained that her union representative would be away for a few days and requested a further deferral, but they have threatened to hold the disciplinary without her - is this a form of harrassment that could be taken further if it went as far as an employment tribunal?

3. The copy of the interview statement that she has been sent only arrived with the rest of the case papers. She was not given a copy at the tim, the statement has not been signed by her as a true record of the conversation and contains a number of inaccuracies. Surely, this evidence is flawed, inadmissible and can be discounted as they have not followed their own procedures?

The allegations cover possible gross misconduct, for which she is being made a scapegoat and have potential serious consequences, including dismissal.

Thanks to everyone for the anticipated input.

SarEl

Casua_Observer wrote: »

1. They have taken 3.5 months to complete their investigation, but yet she has only initially allowed 2/3 working days to prepare her case, call witnesses, submit statements etc - surely this is not fair and reasonable. They didn't - they gave her five days notice, they asked her to c onfoimr a new date, she couldn't so they set one. 25th August - 7th Septmeber is not 2/3 days.

2. She has explained that her union representative would be away for a few days and requested a further deferral, but they have threatened to hold the disciplinary without her - is this a form of harrassment that could be taken further if it went as far as an employment tribunal? No. Her union rep may be away on holiday - the rest of the union isn't. She should have asked for another rep. The compnay will not wait if she doesn't confirm when a rep will be available and they don't have to wait until someone comes back from holiday.

3. The copy of the interview statement that she has been sent only arrived with the rest of the case papers. She was not given a copy at the tim, the statement has not been signed by her as a true record of the conversation and contains a number of inaccuracies. Surely, this evidence is flawed, inadmissible and can be discounted as they have not followed their own procedures? This is not a court of law. If she disgarees with what it says then she should eneter her own amended version as evidence.

The allegations cover possible gross misconduct, for which she is being made a scapegoat and have potential serious consequences, including dismissal.

Thanks to everyone for the anticipated input.

If she is unhappy about the allegations and feels there are discepancies in the evidence, this is a defence - not an excuse for a flurry of e-mails objecting to it! This is the employers evidence - she doesn't have to agree to it. Her defence is the disgareements that she has. If she was told that a meeting would be held then she should have turned up. Why could she not get a union rep within 13 days?

ohreally

Is there no officer available to pick the case up in light of holidays?

Casua_Observer

Thanks for the early replies

Apparently the local office only has around 3/4 reps and her allocated person specifically made contact with the company to explain the position and request the deferral.

ohreally

Casua_Observer wrote: »

her allocated person specifically made contact with the company to explain the position and request the deferral.

Are the union office staff in contact with the employer or has the employer issued notice of hearing regardless? If this has happened have you copied the union office in on all correspondence?

Casua_Observer

The union was trying to get in contact with the company and they left three messages for HR to call back but kept on swapping voicemails. The union rep has now gone on holiday and I believe that they did

Casua_Observer

Sorry hit the send button by mistake...

To complete the sentence.

I believe that they did not actually speak to each other directly?

ohreally

They should have agreed an adjournment or passed the case on to someone else. She needs to establish the state of play and quickly as there will be time limits to be mindful of if deciding to appeal an outcome and this may not wait until the rep returns.

scheming_gypsy

Casua_Observer wrote: »

She was suspended on full pay back in early May. Apart from one interview to investigate the allegations, she did not hear anything until 25 August when a recorded letter and big pack of covering documentation arrived inviting her to a disciplinary hearing on 30 August,

1. They have taken 3.5 months to complete their investigation, but yet she has only initially allowed 2/3 working days to prepare her case, call witnesses, submit statements etc - surely this is not fair and reasonable.

.

Was she not told what the reason for the suspension was when she was suspended? if so she's had the same 3.5 months to prepare a case and not the 2/3 days.

Emmzi

if the hearing was today you are a bit late asking for help I am afraid. She chose not to attend - basically tough. She'll now be onto the appeal stage.

Casua_Observer

Thanks for the latest response. The allegations were originally put in writing to her and agree that the reasons were briefly set out. The findings and investigation reports including all the witness statements etc did not arrive until late last month and contained a vast amount of different detail, which she has only just received. I am not sure if she would have been able to prepare a solid defence without this information if she has only just received the documentation as her list of witnesses for statements and people to interview are now significantly different due to a high turnover of staff