Disciplinary hearing

wafmoo

A colleague at work has asked me to sit in as his witness during a disciplinary hearing. I have no problem with that, just a few concerns about the way it has been done.

The meeting as at 4.00 tomorrow afternoon, but he only got a letter handed to him at work this afternoon, about 3pm - I thought that employers had to give 48 hrs notice, or am I wrong?

He thinks that from what his line manager has said, that the company owner will be conducting the hearing. The owner is renowned for using 'colourful' language, especially towards employees - my concern here is that if my colleague wishes to appeal the outcome of the hearing, who can he appeal to, and if the language towards him in the hearing is inappropriate, is this grounds to complain?

Sorry it's long winded, but only just got home and wanted to get it off my chest, so to speak.

Thanks

thundercut

I know this sounds mean, but as a witness you just need to take notes, and witness what is said. Don't dwell on the fairness or otherwise of it, you are just there as an impartial observer. Your colleague ideally, should be in a union and take a rep in with them, who could provide advice / guidance.

The disciplinary procedure should outline who your colleague can appeal to, and if he is given a disciplinary warning this should be contained on his letter.

In terms of the language used, I think it would depend on whether it was generic 'bad language' or offensive words used directed at your colleague.

jobbingmusician

There is no reason that I know of why they have to give 48 hours notice, but good practice dictates that they give sufficient notice to arrange someone to accompany them, which your friend seems to have been able to do. If he had not been able to find anyone, the company SHOULD give up to a week's delay to allow him to find someone. All this good advice is on the ACAS website (search there for disciplinary policy).

I think the issue of the company owner taking the disc is an interesting one, and your friend could ask about this and how it impacts on the policy, especially the section about appeals, as part of his disciplinary, or ask you to ask it as it might be seen as an inflammatory question. However, it could be a more neutral question coming from you - it does need thinking about but a question from you at the end of the process (and probably a decision will not have been announced - good practice where I work suggests that one should think carefully about discs before making a decision!) asking what would happen IF your friend was minded to raise an appeal maybe.........