Disciplinary. HELP!

The_One_Who

I have an imminent disciplinary hearing and I don't have a clue where to begin, so I'll try to break it down into a few questions:


1. Does a hearing always result in a formal or recorded warning?


2. The letter inviting me this hearing was, at best, wooly. It is being based around underperformance and poor conduct, but no examples or statistics have been given. So I really have no idea where it is coming from, because as far as I am aware I'm meeting everything I'm being asked to!


3. I have said on multiple occasions that I am stressed and not coping with the workload, but none of this has been formal/written and there has been no support given. Now, I know I could raise a grievance, but that might be further down the line depending on how this goes.


4. My initial choice of companion has been refused (well, the wording used was "inappropriate"), although I have managed to find a replacement at short notice. I was sure that there was a change in the law that said you could have anyone as a companion, as long as they were a trade union representative or a work colleague. Am I wrong?


5. Is there much back-and-forth discussion at these meetings, or is it more one-way, with me answering for all of my alleged work crimes?


Ultimately, I know that this meeting is going to result in me breaking into tears (as I have done every day for the past few weeks) and it will end up being awful. My resignation isn't far away, but I was going to wait until this has been held before putting it on. Or should I just go for it now?

atolaas

Have a read

https://www.gov.uk/disciplinary-procedures-and-action-at-work/disciplinary-hearings

Good Luck to you

TELLIT01

Can you ask for information about the basis for their claims in advance of the meeting. It certainly seems unfair that you should have to go into a meeting like this without knowing the 'evidence' and therefore being able to provide your own response.

ohreally

The meeting can conclude without a formal warning but I've only known of it a few times.

Your employer should set out their case providing you with this in writing beforehand. You should not turn up at the hearing and have their case dumped on you with no time to prepare or test their statements.

You need to generate a paper trail of evidence when you raise issues - this process is a good example of why.

Your choice of companion is for you to decide from within permitted individuals, not your employers. For your employer to choose someone who they find suitable, albeit be the back door, is entirely inappropriate.

You need to pick apart their case keeping a cool head (why notice is needed) and stick to the facts.

Good luck and try not to burst into tears.

SecondRow

Right, first thing is to keep calm and remain rational. Disciplinary hearings must be consistent with the ACAS code of of practice which gives you a number of safeguards. So, in the order you asked you questions, here are the answers:-

1) No. The meeting is to decide the best course of action which should not have been pre-determined.

2) An invite letter should give sufficient information about the alleged poor conduct/performance so as to allow you to prepare a response to the allegations.

3) Not really relevant at this stage unless you can prove they have ignored your warnings and the issue they wish to address could or may have been avoided if they had taken the time to listen to you.

4) The employer has little control over this since you have the right to bring a companion or representative, you need not seek their approval. Obviously, there may be occasions where that individual could be compromised and you should act reasonably, but so should they.

5) Don't think you should sit there and cower, it's your opportunity to respond robustly to their allegations and if you are compelling in those responses, it can act in your favour. In any event, you have the right to put your case and if it's put forcefully, then so be it.

If you were to resign in advance of the meeting you run the risk of having a qualified reference so hang on in there and fight your corner. It's easier than you think.

poppellerant

I'm not able to offer much advice, I'm afraid. But I wouldn't resign. It doesn't sound as though you're happy with your job and it also seems that the company wishes to take action. Make it crystal clear if you need help, or have yet to receive any help from previous requests.

I fear if you resign and need to claim benefits while you find your next job, the benefits office might not take lightly to you resigning. If your current employer lets you go due to poor performace then things might be very different.

Takeaway_Addict

How long have you worked there?

The_One_Who

Thanks for the replies everyone. I'll try to group my answers together to save a massive post of multi-quotes.

Given information prior to the meeting - We have previously had an informal discussion, but it wasn't productive. Largely because it wasn't taken on board that I am struggling. I burst in to tears (not something I normally do!) and the manager all but leaves the office with me sitting there!!!
Although I responded to what was discussed in that meeting, so we'll probably be going over it again but more formally.

I have no paper trail or proof of me putting forward my problems. Although I do have proof of e-mails that haven't been answered, which sort of express some of the issues involved.

Regarding the issue of resignation and benefits, I am not eligible for benefits in any case, but yes, could be an issue for some people.

And not worked there long enough, I'm afraid!

One last question, what is a reasonable time to get back the result of this meeting?

ohreally

The_One_Who wrote: »

One last question, what is a reasonable time to get back the result of this meeting?

I would expect to be informed of the outcome the day of the meeting.


p.s. you may wish to consider raising the issue of failure to provide support mechanisms despite raising this issue previously during the hearing.

The_One_Who

Thanks. Yes, I'm pretty sure it will get raised, probably more than once as that is the main problem.

I assume it is appropriate for me to ask that the meeting be adjourned if I get there and get hit with a pile of "evidence" then and there? So that I can properly consider what is being put to me?

SecondRow

One last question, what is a reasonable time to get back the result of this meeting?

And there's the question!! You may well probably find that they will adjourn to consider their response to your response to their allegations, but they may not. They are not obliged to give you an outcome there and then. You may well have to wait.