Disciplinaries

ohreally

They can still proceed with the hearing, they are however exposing themselves to your oh's next move which will be to invoke the grievance machinery.

Remember following the hearing he has a statutory right to appeal...this would precede the grievance.

I suggest oh takes a companion into any disciplinary hearing even if it's to take notes and witness the proceedings. Is there a trade union at the workplace?

lynzpower

ohreally wrote: »

They can still proceed with the hearing, they are however exposing themselves to your oh's next move which will be to invoke the grievance machinery.

Remember following the hearing he has a statutory right to appeal...this would precede the grievance.

I suggest oh takes a companion into any disciplinary hearing even if it's to take notes and witness the proceedings. Is there a trade union at the workplace?

no, there isnt.

It seems that today COULD be an investigation, however, anything is possible, these employers dont seem to have a clue what they are doing.

We have written up a flow chart ( Id go with him, but I cant tonight, got something on i cant miss) and it shows clearly that the decisions which led to the courier debacle was done by a number of oher staff members - including the manager ( it seems). I think it would be utterly ridiculous if he was landed with a displijnary on this, and he will fight it in the formal way.

they are also wanting to take the courier costs out of OHs wages. i presume they cannot do this, as its a deduction he hasnt agreed to - if they DO take it, what are the steps he takes to get it back?

LittleVoice

lynzpower wrote: »

Aha! By law they have to give it to him dont they?

If they dont have one ( which anything is possible, it is only a relitavely small firm) then does it narturally follow that they cant discipline him?

I think that if the company doesn't have its own disciplinary policy and procedures in place, then the statutory procedure applies. Employers can discipline staff.

hjb123

Hope it goes okay for your OH today. If he has written down and is clear about everything that has happened then I dont think he has anything to worry about. Cant understand why they would want a disciplinary over what seems to us like a trivial matter

olly300

lynzpower wrote: »

no, there isnt.

It seems that today COULD be an investigation, however, anything is possible, these employers dont seem to have a clue what they are doing.

We have written up a flow chart ( Id go with him, but I cant tonight, got something on i cant miss) and it shows clearly that the decisions which led to the courier debacle was done by a number of oher staff members - including the manager ( it seems). I think it would be utterly ridiculous if he was landed with a displijnary on this, and he will fight it in the formal way.

they are also wanting to take the courier costs out of OHs wages. i presume they cannot do this, as its a deduction he hasnt agreed to - if they DO take it, what are the steps he takes to get it back?

Retail outfits can take deductions out of employees wages in certain circumstances i.e. cash shortage in till operation, stock deficiencies however not in this incidence as there is not evidence that your OH was taking stock and it wasn't a stock deficiency.

Instead he was fulfilling his job duties ensuring customers got their orders.

If they do deduct wages your OH can follow the statutory grievance procedure and take the matter all the way to a tribunal with a unlawful deduction from wages case. He doesn't need to resign to do this however his employment contract may have a clause in it that if he instigates a statutory grievance against the company including tribunal action then he will be suspended from work. (It should be paid but if you work shifts you will lose out.)

To be honest the best thing to do in this situation is to fight the disciplinary so it's dismissed by quoting from his employment contract, stating standard company practise and implying the disciplinarian action will be laughed as he will take the matter further. Then find another job and leave asap.

Savvy_Sue

I don't think they can deduct it from his wages unless there is a specific agreement that they can do so in his contract. Does he have a contract?

ohreally

What was the outcome?

lynzpower

the outcome is

manager will speak to the manager in warehouse

Managert of shop asked OH which he would prefer - a discimplinary or the deductions from his wages. Given the point the disc will recind after 6 months he obviously chose that. the manager said OK, but after Ive spoken to other manager he might insist you have both ( !!!!!!)

OH realised there was a small error on the paperwork, however, his colleague had calle him prior to disppatch to get clarity on that.

Its all an unfortunate accident/ error on a number of peoples parts, yet OH is carrying the can for it.

I know this is horrendous, but Im at a loss to know what to suggest now.

they also made him go in on his day off last night (7-10pm) can they MAKE you do that.? he works saturdays so always gets tuesday off.
He doesnt have a contract jsut a list of rules ( ie be in on time etc)

ohreally

lynzpower wrote: »

they also made him go in on his day off last night (7-10pm) can they MAKE you do that.? he works saturdays so always gets tuesday off.
He doesnt have a contract jsut a list of rules ( ie be in on time etc)

Management can't make him attend on his day off.I'd wait until management proposals have been implimented and the process has come to a conclusion then submitt a written communication requesting to be paid for the time spent at yesterdays meeting and for management to return the lost day off caused by attending the meeting. Normally meetings,whether investigatory or disciplinary, are held during working hours at no loss of earnings to the employee.
Was the purpose of yesterdays meeting an investigation to establish the facts?
My feeling is management,at worst, should proceed informally with a view to looking at training within the department - for everyone, not just your oh.They should be supporting their employees to improve, not look for someone to blame then put the boot in.



As for the contract issue, he is entitled to ask for and be given a written statement of particulars under the employment rights act 1996.
An extract can be found at...
http://www.acas.org.uk/index.aspx?articleid=901