employment - disciplinary meeting.

avfc78

Two weeks ago, i had a disciplinary meeting at my workplace - the consequence of which is that i received a letter giving me a first written warning.

I believe that i have very good merrits for an appeal, and will probably do this.

The disciplinary meeting was audio recorded - and i think that a copy of this would help my apeal hugely. The company did ask my permission to record this, but i would now like a full and unedited copy to help my appeal.

Can i ask for this? |Would it be unreasonable of them to refuse this? should i offer to pay for this?

I have been gioven 5 days as of today to appeal if i wish. Can you also advise on how i should deal with this as it might take them more than this time to prodiuce the recording>? Should i state my intention to appeal, or ask for more time to decide to appeal>

all assistance will be greatly apprecaited!

David.

thesaint

My old employer gave a copy of the audio recording as a matter of course.

I don't see why your emplolyer would not give you a copy, have you asked them? Do not offer to pay.

Missy79

You have a right to this under Data Protection Act I believe.

freebie_fairy

contact the Citizen's Advice Bureau or a local law Centre they are very helpful in Employment law matters. The employers should make all material from the meeting available to you whether written notes or recordings. You do not have to pay anything. Request a copy of the recording. 5 days to appeal does seem short. Check your employment contract there should be terms and conditions in it about disciplinary and grievances procedures.

moonrakerz

Missy79 wrote:

You have a right to this under Data Protection Act I believe.

DPA covers data held on computers.

brazilianwax

moonrakerz wrote:

DPA covers data held on computers.

Not true. It covers anything the company holds with you/your name on it including paperfiles, letters, faxes, video, CCTV and audio matter.

You have to pay £10 and allow 40 working days for a DPA response though.

Claire

jonesMUFCforever

If you are a union member then they should help you sort this out.

avfc78

thanks for everyones input. Should i offer the £10 up - or just request the recording. Also - before the meeting i was sent the letter instructing me to attend and oulining the key accusations. I replied to this prior to the meeting asking to have copies of any documents that were to be used against me. I had a reply saying that none existed - yet at the meeting, about 7 emails were produced in the case against me

so.......

a) they had been snooping over my emails - some of which are clearly not work matter (and obviously not illegal activities or anything) - and b) these documents were sprung on me at the meeting, and i was unprepared

Can i ask for copies of these emails?

were they wrong also doing these two things / should i make a big deal out of this?

firesidemaid

hi there

i don't know what size (staff nos) your place of employment is, but generally your company should have a written disciplinary process which you should have been given a copy of when you first knew there was to be a disciplinary hearing.

this policy should contain details of what is supposed to happen. normally some kind of pre-hearing to gather evidence/ask questions. you should have copies of all the evidence against you before the actual hearing, otherwise you cannot respond or defend the allegations etc and any outcome will be classed as unfair. also if they do not follow their own policy (in any small way), any outcome should be classed as unfair.

write a letter of appeal immediately - so that you are doing everything in the correct way - you do not have to say the reasons why at this stage.

also, did they let you know about your right to have a companion/representative/friend present? if not, that also would mean the process is unfair as this is a statutory right.

they also have to let you have copies (including taped) of all the evidence so you can prepare your appeal. there should be no charge - ask for everything to be made available in your appeal letter.

take a look at the tuc or acas websites - you can also phone acas for assistance.

hope this might help: http://www.acas.org.uk/media/pdf/9/5/CP01_1.pdf

jonesMUFCforever

Has this got anything to do with your other post about not wanting to lift catalogues and your back complaint?

Astaroth

brazilianwax wrote:

Not true. It covers anything the company holds with you/your name on it including paperfiles, letters, faxes, video, CCTV and audio matter.

You have to pay £10 and allow 40 working days for a DPA response though.

Claire

Not 100% accurate either - the data must also be held in a structured/ indexed manor such that your personal records can be identified.... plus there are certain things that are exempt from DPA like fraud investigations etc