Disciplinary action: what are my options?

Sinhanada

Do not resign - that is the first piece of advice I will give you. A lot fo people on here have given some very sound advice.

You are correct too, he cannot give a disciplinary without first giving you written notice of what it entails as you will have the right to defend yourself.

If you do walk away, you may lose any benefit entitlement you would have had, regardless of the reasons you have walked away.

I would also make sure you are allowed to take a work colleague \ union rep along with you for record keeping and advice \ backup

jobbingmusician

Make sure you have copies of all the emails surrounding this matter. The employer really is screwing up big time.

Has the employer advised you of the right to be accompanied at any of the 'disciplinary' meetings he has convened so far? If not, dismissal at such a meeting would automatically be unfair. I wouldn't actually warn the employer of this in advance....'give them enough rope'.....

I would, however, ask them in writing for a copy of their disciplinary policy. If they say they haven't got one, it's another big point to you. Do go on the ACAS website and read up about disciplinary policies and the need for them, if you haven't already.... It sounds as if your manager is taking personnel advice from a mate down the pub. Whilst drunk.

KiKi

Hi OP

As others have said: do not resign. Once you've done that, it's over.

If they want to discipline you for any reason (assuming your two years' service is continuous), they have to:

* Investigate (which may not necessarily involve speaking to you, but should do!)
* If they decide there's an issue worth a disciplinary, they must give you notice of this
* They must also let you know that you have a lawful right to be accompanied by a TU representative or a colleague at the disciplinary meeting. Failure to do so is unlawful

Don't let them know they've screwed up on not telling you about a representative - that's your trump card. You'd need to go to tribunal on a point of law, not because you don't like their decision to dismiss (for eg). So if they dismiss you, and not allowed you your legal rights, they've misapplied the law and it could stand as unfair dismissal. You'd need to put in a grievance to complain about it if that happens, before deciding to put in a tribunal claim.

If you are dismissed then you are entitled to all outstanding pay for hours work, in lieu of notice (unless dismissed for gross misconduct), and any holiday hours / days outstanding for the period of time you've worked there.

HTH
KiKi

mariefab

I don't think that the employer is required to inform you of your right to be accompanied.

However, if you ask to have a union rep. or work colleague accompany you at a disciplinary (or grievance) meeting your employer must allow this.
Also, if your chosen person isn't available on the given date, let your employer know asap. They must then postpone the meeting for up to a further 5 days (from Monday) so that your rep. can attend.

KiKi

mariefab wrote: »

I don't think that the employer is required to inform you of your right to be accompanied.

Yes, they are.

However, if you ask to have a union rep. or work colleague accompany you at a disciplinary (or grievance) meeting your employer must allow this.

They must allow it as long as it's reasonable (eg, that the person accompanying them wouldn't prejudice the case).

mariefab

http://www.legislation.gov.uk/ukpga/1999/26/section/10


http://www.bailii.org/uk/cases/UKEAT/2013/0569_12_2205.html

Totee

Here's another question.

I've just been text by a friend that works there that says my names has been literally scribbled out of the rota. The main rota that all the staff see as they walk too and from the bar.

So effectively, he's telling the staff I don't work there any more before he's even dealt with the situation and settled it.

Is this me being pedantic or is this another way he's tripped himself up.

elsien

If you're suspended he's going to have to change the rota to cover your shifts and take your name off the shifts you were initially down for. So even if there is an ulterior motive, he's got justification for the changes at the moment.
Possibly a very cack-handed way of doing it, but I wouldn't be reading too much into this particular action if I were you.

Astraea_2

Hi there,

I have found this link very useful for understanding your rights.

Good luck.


Hmm I am a new user and that means i can't post links (and I just signed up so I could send you this link!) but if you Google 'employment rights Uk' you will see a link to 'working, jobs and pensions' that is the link I was trying to post - a government website.

Totee

Another development.

We all use personal email accounts for work stuff, but we have one "company" address that the managers and the director use for certain things. 4 of us have access to it. It's linked up to my phone so I get alerts whenever a new email arrived in the inbox.

Today a reply came through from the directors son. I opened it and it was his reply to his dad (the director) email about my disciplinary case. Basically he forwarded the son, the same email he sent to me (just a general minutes notes from the disciplinary meet) and at the bottom put , in regards to a poor stock take "I'm absolutely sure he's taking our money" . Effectively accusing me outright if being a thief.

Where do I stand with this? I'm under the impression I probably stand nowhere, as I'm technically suspended and probably shouldn't be looking at it. But it's there and the fact he's done it on the company account where not only me can see it but the other two duty managers will be able to see the minutes from the disciplinary meeting and his accusation is obviously wrong.

I should note that his son is an employee of the company aswell.