disiplinary hearing againgst me

hjb123

Have you spoken to ACAS at all or the CAB to see if they could help? They may have been able to attend the hearing with you even.

Is the company finishing on the 28th or is it just your shop that is shutting?

markb31

hi all!i decided to ring my personnel manageress up this afternoon to tell her i did not feel 24 hours was enough time for myself/representative to prepare our case,i then decided to try my luck and delay the case for within the 5 working days of the original hearing date(sat)somehow she agreed!!at least that will give me more thinking time and i will definatly be able to get a witness next week
spoke to acas and cab today they are both amazed how petty the company can be.
by the way it is just the shop shutting on the 28th not the company

midfax

mark, it sounds as if you need some major help. have you checked to see if you have any legal insurance with you buildings/contents insurance?
I faced serious problems with my employer and felt that I had been constructivly dismissed. Contacted a Specialist employment lawyer, who.s first advice was check to see if I had legal insurance. - had it with my pru policy for £25,000 of cover. - used every penny but won my case. - it might apply under your car insurance or even on some credit cards!
Best of luck and take a friend/rep with you.

markb31

hi midfax never thought of checking whether i have legal insurance with my insurance.
i think i may have!will double check in the morning

ben500

markb31 wrote: »

hi midfax never thought of checking whether i have legal insurance with my insurance.
i think i may have!will double check in the morning

There are very few policies these days that do not carry some kind of legal cover as standard. Joining the union will not be of any benefit to you at this stage as they will be prevented from acting as the "alleged offence" took place prior to membership, that being said in most cases they can and will offer advice as to the best course of action you should or could take ACAS may well come back to you.

ohreally

ben500 wrote: »

Joining the union will not be of any benefit to you at this stage as they will be prevented from acting as the "alleged offence" took place prior to membership

This may not be the case at all. The only barrier will be to rule book benefits such as legal representation which tends to have a three month qualifying period,there may not be an issue with a steward picking this up once the membership form has been completed (i do realise some branches are adopting a similar qualifying period for representation as well though-it is not generally a huge issue....yet).

ben500

ohreally wrote: »

This may not be the case at all. The only barrier will be to rule book benefits such as legal representation which tends to have a three month qualifying period,there may not be an issue with a steward picking this up once the membership form has been completed (i do realise some branches are adopting a similar qualifying period for representation as well though-it is not generally a huge issue....yet).

I'll certainly bow to current experience over my own historic experience.

gwernybwch

markb31 wrote: »

i am gutted as the shop i am working for is due to close on the 28th so i would have received redundancy

Am I right in thinking that you have received your official notice of redundancy, which states that your Effective Date of Termination (EDT) / your last day of employment with the company is Sat 28th April?

If so, to my way of thinking, after this date, you are no longer an employee of the company and therefore have no responsibility to attend a disciplinary hearing. Did either ACAS or CAB say anything about this?

markb31 wrote: »

they are saying they received this complaint

If they have received a complaint they should be providing you with a copy of this complaint and any other information to they are planning to use as evidence (to protect the confidentiality of the complainant is not a reason not to provide it) prior to the hearing.

As others have said, on the face of it, they are acting unreasonably, therefore I also suggest that you join a union for advice and support.

Feel free to PM me.

hjb123

Is the hearing today then or is it next week after you would have been finished work anyway?

markb31

hi gwernybwch and hjb123(and everyone who has helped me!)
my edt was supposed to be today but got a letter yesterday saying that my employment would be extended for a short period on full pay until the matter is concluded.they even threatened me that if i did not cooperate past the 28th they would deal with the case without me!i phoned acas and they reckon they are allowed to do this!
i have received no evidence of any complaints which is really annoying because how can i put a defence together when i dont know 100%what i am being accused of.
i phoned up the bakers oven union yesterday and they said i could not join as they take their subscribtions out of wages!
i got a phone call from my personnel manager yesterday requesting i go to a disaplinary this tues at 11.00.(i received a letter today)i have agreed to go but dont know if i am able to take anybody with me as my colleagues are all now ex colleagues!acas have said it is up to thecompanys discretion!
one interesting thing i have noticed in this letter is that it says the meeting is only with my area manageress, in previous letters it says her and personnel manageress.
what would happen if both turned up?would this be allowed?

sorry about the long post everyone!!!