advice re suspension and writing letter to employer

wrightk

I have been advised to write a letter by CAB to my employer regarding my upcoming disciplinary hearing. I am with a union but they are unable to represent me as i joined after i was suspended (a mistake ill never make again). i have a disciplinary hearing coming in a few days but i am unable to bring anyone along with me.

it says about colleagues coming with me but 2 of my colleagues are also suspended and the other members of staff have also given evidence against me, so i have noone to come with me.

the CAB adviser has said to tell my employer that if the hearing goies against me and im given action, then they will have not followed the proper procedures as i am not being given any chance to bring someone with me, as the only people i can bring are also suspended and the others have also given evidence against me.

How would i word this?

KiKi

Has the company refused to allow you to bring a non-suspended colleague?

Or is it the case that the non-suspended employees don't want to accompany you, as they've already chosen to given evidence against you?

ohreally

wrightk wrote: »

I have been advised to write a letter by CAB to my employer regarding my upcoming disciplinary hearing.

How would i word this?

Ask CAB since they are recommending this course of action.

Didn't they offer support beyond telling you to write a letter?

wrightk

KiKi wrote: »

Has the company refused to allow you to bring a non-suspended colleague?

Or is it the case that the non-suspended employees don't want to accompany you, as they've already chosen to given evidence against you?

they havent refused, but then i havent asked because i do not want someone to accompany me who could potentially be bias.

they have said however that i am allowed no contact with anyone involved with the company, which includes staff in my suspension letter

wrightk

ohreally wrote: »

Ask CAB since they are recommending this course of action.

Didn't they offer support beyond telling you to write a letter?

aside from telling me to write the above, no. and they will call me next monday to see how it went

heretolearn_2

I would ask about bringing a suspended colleague, otherwise I'm not really sure what you or the firm can do.

They have given you the option of bringing a colleague or trade union rep. Due to the odd circumstances, you may not wish to bring one of your colleagues, but there's nothing really stopping you. If they are ALL involved, then there's nothing the company can do about it. Likewise, it isn't their fault you didn't belong to a union.

Personally, I think they've complied with what they need to do. It's a similar situation to a firm with only one employee who isn't a union member. The firm won't be penalised or unable to hold a disciplinary.

Pricivius

I agree with heretolearn - in fact, technically, the company have done more than they need to do. They have to accede to a reasonable request from you to bring a colleague or TU rep. They don't actually have to offer at all.

Anyone who accompanies you is there to see fair play so it doesn't really matter whether they are on your side or not, providnig they have a moral backbone. So you have a few options:

1. Ask to bring a non-suspended colleague
2. Ask to bring a suspended colleague
3. Ask to bring a friend or close relative on the basis that you don't have a TU rep and all colleagues are too involved - they can only say yes or no so it's worth asking the question.

I'm afraid CAB are talking rubbish, though...

getmore4less

I don't know of any reason why a suspended employee does not still qualify to acompany.


http://www.acas.org.uk/index.aspx?articleid=2177

wrightk

getmore4less wrote: »

I don't know of any reason why a suspended employee does not still qualify to acompany.

because the disciplinary letter states " you are entitled to bring a union rep or colleague (not involved in this investigation)"

2 colleagues of mine have been suspended and are both involved in my investigation, and the other colleagues have given statements against me, so everyone is involved so how am i meant to get a colleague to accompany me

david39

I accompanied my wife to support her at a disciplinary hearing. I had no other connection with her employer, just went along for moral support for her.

There was no objection from her employer (a government department).

If you have no one else, a friend or relative could give you re-assurance and also show that you are taking a serious attitude towards the hearing. If you give no details of the friend's background, your employer will not be aware as to how savvy they are on employment law, so they will need to make sure that they handle the hearing correctly.

Uncertain

david39 wrote: »

I accompanied my wife to support her at a disciplinary hearing. I had no other connection with her employer, just went along for moral support for her.

There was no objection from her employer (a government department).

If you have no one else, a friend or relative could give you re-assurance and also show that you are taking a serious attitude towards the hearing. If you give no details of the friend's background, your employer will not be aware as to how savvy they are on employment law, so they will need to make sure that they handle the hearing correctly.

The trouble is you can only do this if your employer agrees, there is no legal right to anybody apart from a trade union rep or a work colleague.

If of course you have a friend who happens to be an accredited union rep then that is ideal. They do not have to be acting on behalf of their union, all that matters is that they hold the "qualification". If they do the employer cannot lawfully refuse.

Certain solicitor's firms can hire you such a person but it doesn't come cheap.