Suspension

patman99

Is the company a multi-national, or is it just single site operation ?. I only ask as if it does not go your way, you might be able to exact revenge by sending a detailed report of what has been going on (complete with names) to a much higher source than that who has already been investigating.

wheezy57

Yes I know I have this option. I also have the press option. This particular person is very pedantic and takes the letter of 'the law' very seriously within the corporation. He would appear not to make allowances for anything. The fact that I had to point out that he was indeed guilty to a lesser degree was completely dismissed and no more was mentioned. I will of course expand on that on Monday. Its is almost like his way or the highway. There is no grey area. I said that there are always the whys and the wherefores for every situation but he just couldnt get that at all.

It is like bashing ones head on a brick wall. It is a lonely place being on a rock in a hard place I can tell you!!

I feel as though everyone who ever said anything to me in agreement of the way we were being managed by someone with dubious managerial skills and thats just a part of it - have all melted away.

Closed ranks and slammed doors and Im on the outside. Its horrible.

Deb_S_2

zzzLazyDaisy wrote: »

Could you provide a link to the code of practice where it says that the employee is entitled to question the employer's witnesses in disciplinary proceedings, please?

As far as I am aware, the code of practice provides that the employee must be provided with any witness statements that the employer intends to rely on and must be given the opportunity to comment on them.

I am happy to be corrected though if you can post a link to the document/leaflet/advice that you are referring to.

Thanks

Here you go I only became aware of it recently when I attended a briefing with Eversheds solicitors.

http://www.acas.org.uk/CHttpHandler.ashx?id=1041

12. Employers and employees (and their companions) should make every

effort to attend the meeting. At the meeting the employer should explain

the complaint against the employee and go through the evidence that has

been gathered. The employee should be allowed to set out their case and

answer any allegations that have been made. The employee should also

be given a reasonable opportunity to ask questions, present evidence and

call relevant witnesses. They should also be given an opportunity to raise

points about any information provided by witnesses. Where an employer

or employee intends to call relevant witnesses they should give advance

notice that they intend to do this.

zzzLazyDaisy

Deb_S wrote: »

Here you go The employee should also

be given a reasonable opportunity to ask questions, present evidence and

call relevant witnesses. They should also be given an opportunity to raise

points about any information provided by witnesses. Where an employer

or employee intends to call relevant witnesses they should give advance

notice that they intend to do this.
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Hi Debs, yes I am aware of this, itr has been the standard code of practice for years. But it doesn't go as far as to give the employee the right to insist that the employer's witness attend the meeting, nor does it give them the right to question those witnesses either in person or by a written list of questions that must be put to the employers witness (as I think you suggested earlier).

All it does is give the employee the right to bring witnesses if s/he chooses, and to raise points about the information provided by the employer's witnesses.

It is then for the employer to make such further investigations as are required in order to come to a fair and reasonable decision. This may, or may not, involve questioning the witnesses again, as the decision maker may decide to disregard that evidence, if there is already sufficient evidence to come to a conclusion. In any event, whatever the outcome of the employer's investigations, there is no obligation to answer a list of questions that have been put to the witness by the employee.

Dx

wheezy57

I am glad to say that the whole sorry saga has now finished. I went to the meeting yesterday and was allowed to take my daughter. She was told not to say a word. It would appear that all these witness statements kept changing every time there was a meeting. Nothing was holding any water whatsoever. However the investigator chose another route. I am to keep my job and they are putting me somewhere else which is way better for me. No daggers in my back for a start!! There is no disciplinary pending. Line in the sand, fresh start and clean sheet.

I am so relieved. It has been the most dreadful part of my working life I hope that will never be repeated.

I thank you all though for your support and encouragement. It meant alot to me.

Back to normal now thank god.

Deb_S_2

Glad to see it has come to a conclusion that you are happy with

Deb_S_2

zzzLazyDaisy wrote: »

All it does is give the employee the right to bring witnesses if s/he chooses, and to raise points about the information provided by the employer's witnesses.

Dx

Hi LazyDaisy

I absolutely agree with the points you make. But there is nothing to say that the witnesses you decide to call aren't the same ones as the employer obtained statements from

LannieDuck

Glad it worked out for you Wheezy.

zzzLazyDaisy

Deb_S wrote: »

Hi LazyDaisy

I absolutely agree with the points you make. But there is nothing to say that the witnesses you decide to call aren't the same ones as the employer obtained statements from

Deb, I am sorry, but you are clutching at straws; that would never happen. While the code gives you the right to bring a witness to give evidence at the disciplinary on your behalf, it does not give you the right to force someone to do so. The chances of someone providing an statement to the employer to be used against you in a disciplinary hearing and then agreeing to go to the disciplinary and give evidence on your behalf are around zero.

zzzLazyDaisy

wheezy57 wrote: »

I am glad to say that the whole sorry saga has now finished. I went to the meeting yesterday and was allowed to take my daughter. She was told not to say a word. It would appear that all these witness statements kept changing every time there was a meeting. Nothing was holding any water whatsoever. However the investigator chose another route. I am to keep my job and they are putting me somewhere else which is way better for me. No daggers in my back for a start!! There is no disciplinary pending. Line in the sand, fresh start and clean sheet.

I am so relieved. It has been the most dreadful part of my working life I hope that will never be repeated.

I thank you all though for your support and encouragement. It meant alot to me.

Back to normal now thank god.

That is a GREAT outcome! Well done for keeping calm and seeing it through.

Hope you are going to celebrate tonight!

Dx