Disciplinary

xray1

Been looking on here for a while, now need some advice myself.....



I have been requested to attend a disciplinary hearing, the subject of which is regarding customer complaints and staff feedback.

Should I be informed of the nature of the complaint/feedback beforehand or can they just tell me during the hearing and expect me to answer there and then?

Thanks

staffie1

They should have carried out an investigation (involving you) before moving to disciplinary proceedings, and they should at least outline the nature of the alleged misconduct. You also have the right to be accompanied by someone of your choosing (ie colleague / union rep).

elsien

Requested verbally or in writing?
Get a copy of your companies disciplinary procedure. Then clarify with your manager whether the meeting is part of a preliminary investigation, or is the start of the formal disciplinary procedure. Your rights of accompaniment and to have full details beforehand will differ accordingly.

ohreally

They should lay out the case beforehand, not simply invite you along then ambush you with information.

xray1

Thanks for the comments guys,

The meeting took place yesterday, and I don't think it went too well. We have adjourned until tomorrow, as time ran out, and I had a prior committment that my manager knew about. Any decision will be informed at tomorrows continual.

However, this was not my first disciplinary, the last one was in Feb where I was given a final written warning. I was told in the letter requesting this latest meeting that it 'could' possibl end with a dismissal!

I have been with the company for over 10 yrs - would they have to give me proper notice/pay or could dismissal happen tomorrow with no notice/pay in lieu??

thanks

Reggie_Rebel

What steps were put in place to improve and monitor your performance following the last disciplinary?

If none then point out that they have not met their duty as an employer.

Takeaway_Addict

I take it ur not a union member?

HAve you at least read up on disciplinary procedures?

xray1

Not been able to locate my employee handbook, just my Written Statement of Employment.

Under ' Termination of employment' it mentions notice periods that I have to give, and that they have to give me.

it also says
"The Employer may may at its option, pay salary in lieu of notice, but nothing in these t & c of employment shall prevent the Employer from terminating employees employment without notice or Pay in Lieu in appropriate circumstances"

Does this help me?? or is my situation not 'appropriate circumstances'

jobbingmusician

It depends what your handbook says, I'm afraid. The norm at my organisation would be to dismiss without notice only in cases of gross misconduct, and it doesn't sound as if any dismissal following this meeting would be GM.

However, listen to Reggie Rebel - after your last disciplinary, were you given standards for improvement and steps to monitor and improve your performance? They are not supposed to simply randomly pull you in for unspecified sins, even after a FWW............

staffie1

xray1 wrote: »

Not been able to locate my employee handbook, just my Written Statement of Employment.

Under ' Termination of employment' it mentions notice periods that I have to give, and that they have to give me.

it also says
"The Employer may may at its option, pay salary in lieu of notice, but nothing in these t & c of employment shall prevent the Employer from terminating employees employment without notice or Pay in Lieu in appropriate circumstances"

Does this help me?? or is my situation not 'appropriate circumstances'

Depends on the circumstances - which you haven't told us about. If it's gross misconduct, for instance, they can just dismiss you. What I'm not clear about from reading your posts is exactly what you are alleged to have done wrong, what your company's disciplinary procedure is, and whether it has been followed (by you and them). If done properly, you would be in no doubt what the options and next steps are.

CFC

jobbingmusician wrote: »

It depends what your handbook says, I'm afraid. The norm at my organisation would be to dismiss without notice only in cases of gross misconduct, and it doesn't sound as if any dismissal following this meeting would be GM.

However, listen to Reggie Rebel - after your last disciplinary, were you given standards for improvement and steps to monitor and improve your performance? They are not supposed to simply randomly pull you in for unspecified sins, even after a FWW............

Not necessarily the case. The disciplinaries may be entirely unconnected as we do not have the information.