Prep for Disciplinary hearing

sangie595

So basically, you didn't want an answer. You were just trolling. Good to know, because next time you have a question we know not to waste our time answering you. I don't the OP appreciates your sense of humour, or turning his post into a joke for your own amusement.

bertiewhite

sangie595 wrote: »

So basically, you didn't want an answer. You were just trolling. Good to know, because next time you have a question we know not to waste our time answering you. I don't the OP appreciates your sense of humour, or turning his post into a joke for your own amusement.

Not at all. The OP asks:

tommytynan123 wrote: »

Part of the letter states he ''should refrain from discussing with other employees'' although getting a statement from some would help his cause. Is that 'rule' a legal rule or just the employer writing it into the letter? Can he speak to them and get statements.

I can't see how the employer can say that the son can't speak to other employees yet in the same sentence that getting a statement would help him. It seems contradictory, so what's wrong about me pointing that out? :mad:

Masomnia

bertiewhite wrote: »

I can't see how the employer can say that the son can't speak to other employees yet in the same sentence that getting a statement would help him. It seems contradictory, so what's wrong about me pointing that out? :mad:

Unless I'm reading it wrong the employer has said that he must not discuss it, but it is OP's view that the statements would help.

The employer isn't going to help the guy defend himself!

bouicca21

So would it help or hinder the case to show the actual photo that the friend managed to keep? Otherwise why should the employer believe that the photo did not show the baby or identify the company?

ohreally

Is cctv permitted as evidence at disciplinary with the employer? This may have its own DPA compliance issues. Who has accesss and been viewing footage?

Sent from iPhone

sangie595

ohreally wrote: »

Is cctv permitted as evidence at disciplinary with the employer? This may have its own DPA compliance issues. Who has accesss and been viewing footage?

Sent from iPhone

It is provided that it complies with the requirements for CCTV monitoring. But even if it doesn't, as has been pointed out, this is not a criminal trial. An employer does not have to acquire evidence "legally" to make it valid evidence in a disciplinary. If someone rights have been undermined by noncompliance, that is an entirely different issue and does not impact on the disciplinary decision.

bertiewhite

Masomnia wrote: »

Unless I'm reading it wrong the employer has said that he must not discuss it, but it is OP's view that the statements would help.

The employer isn't going to help the guy defend himself!

Now that would make sense - that's what's confusing me!! I read it that the letter for the employer mentioned obtaining statements.

ReadingTim

What the statement is getting at is to prevent the employee sitting around in the staff room telling anyone and everyone how they're up on a disciplinary, how it's unfair, how he's going to be sacked, this, that and the other - mouthing off and trying to get people on his side basically.

It is not quite the same as not being able to call someone else as a witness, or get a statement from a fellow employee in their defence, should the company's disciplinary procedures permit it.

ScorpiondeRooftrouser

I still don't really grasp what he's actually been accused of. As nobody has any idea what he did with the photo, how can he be accused of bringing the store into disrepute? As nobody can testify as to what he did with the photo, how can anyone give evidence in his favour?

Undervalued

ScorpiondeRooftrouser wrote: »

I still don't really grasp what he's actually been accused of. As nobody has any idea what he did with the photo, how can he be accused of bringing the store into disrepute? As nobody can testify as to what he did with the photo, how can anyone give evidence in his favour?

He took a photo and sent it with a caption to a third party mocking his place of work.

To quote the OP.....

For a joke he put his finger up by the trolley and took a photo and added ''I'm on the way if I can get out of this prison'' and used snapchat to send to team captain.

To compound the problem it included a customer's baby (or at least the baby's push chair).

That photo has apparently been captured and distributed further.

As I have said all he can do is apologise profusely, promise to behave better in the future and hope for the best.

Dad trying to play Rumpole of the Bailey by trying to score technical points on procedure will guarantee his son a P45.

Also, we are still waiting to learn if he actually has over two years service. If not this is all completely moot anyway.