Disciplinary timescales

LeoLasagne

Hi everyone

After a bit of advice.

I as taken down a disciplinary route regarding gross misconduct and was interviewed on April 19th. During the interview I answered all the questions asked on record and was told I would hear back in a few weeks.

I contacted the person running the disciplinary two weeks ago asking when I would hear anything back and she asked me an additional question as "part of the investigation". I didn't feel the question had any bearing on the issue so didn't answer. I felt I answered everything relevant in the interview and at no point was I told that if there were more questions I would 1) have to answer and 2) it would delay the process.

It is 6 weeks tomorrow and I chased it yesterday and was told I should hear hopefully by the end of the week. She said this two weeks ago but then she went on leave and also has the end of year accounts to do.

My question is:

Is there a time limit ACAS state for hearing back?
Is it unreasonable for me to push this to a grievance considering the lack of urgency from the employer to resolve this?
Is it fair that I have been put in difficult situations with colleagues regarding the lack of resolution?

Any help gratefully received.

pogofish

You should have got a copy of the disciplinary policy - or a link to where you could read it at the very beginning of this. The timescales ought to be in it.

Not informing you properly/dragging their feet over this will not look good for them and in cases I've had sight-of, it could result in a much stronger case for you at tribunal or see them forced to "reset" or restart the stages of the disciplinary - which is a big pain in the backside for everybody involved.

Masomnia

LeoLasagne wrote: »

Is there a time limit ACAS state for hearing back?

No.

Is it unreasonable for me to push this to a grievance considering the lack of urgency from the employer to resolve this?

It's a long time to keep you waiting so I can understand your frustration but I don't see the grievance really, especially as you didn't answer the question. They'll just reply you didn't comply fully anyway.

Is it fair that I have been put in difficult situations with colleagues regarding the lack of resolution?

It's unfortunate, but it's part of it.

Hope they do get it sorted soon. Keep chasing is all you can do, but I would suggest you comply with the investigation as much as possible.

LeoLasagne

Really useful, thanks for your responses.

jobbingmusician

Are you still at work or have they suspended you? If the latter, are you on full pay?

I was suspended on full pay for an investigation for over 6 months, after which time I resigned (having successfully negotiated a good reference) simply because the suspension was so horrible.

If you are on unpaid suspension, that's a whole other ball park.....

sangie595

Sorry but you are misinformed - six weeks is nothing, and certainly will not help you in any tribunal hearing. There have been cases relating to unreasonable delays - of many, many months. Although uncommon, I do know of suspensions of six and more months.

I would agree that it is not your place to decide what is relevant and what isn't, and refusing to comply with part of the investigation is not beneficial for you.

Conducting an investigation thoroughly is a time consuming job, and, as you have yourself observed, people have other things that must be done. Those responsibilities do not go away, and other things take precedence. Providing you are being paid, then it takes the time it takes to come to a clear decision.

Since you are not in work I am failing to see how the lack of a resolution puts you in a difficult place with colleagues. If you haven't done this, they will know that you didn't when you are returned to work. If you have done it, it will be that that puts you in a difficult place, not the lack of the investigations outcome.

Always_Alba

My disc process took around 3 months from start to finish. It can be frustrating but make good use of the time. Plan for the worst and hope for the best, so;
1. Save as much money as possible, you may need it in a few weeks.
2. Make sure you have written everything down in case you are called to a full disciplinary hearing. It is easy to forget things that could ultimately keep you in a job.
3. Take time to reflect on what you may wish to do if you are dismissed.
4. If you think you may be dismissed then getting a new job will be difficult in the short term, so start considering now some possible volunteering or agency work.
5. Lastly, keep checking your works disciplinary procedure to make sure your company follows their own rules; also keep checking the ACAS website to ensure you know your rights. Your local CAB should also be able to advise.

aife

The sad truth is employers can do pretty much what they like these days. I was subjected to a disciplinary that was dragged out for 11 months. (they apologised but that hardly made it any easier)
I wasn't suspended , which was a relief at first, but I actually wish I had been as it's very hard to go to work in these circumstances.
I hope Corbyn wins and perhaps he'll make some changes