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fair disciplinary process

i just would like some clarity
So i had first not disciplinary investigation, and outcome was that i am forwarded to disciplinary investigation. On this outcome was stated that i have 7 days to appeal it.
i did but it was ignored and at disciplinary investigation was stated that i could not appeal because conduct issue was already identified. I dont understand this part and i feel the process is already unfair. I gave a grievance regarding this, and it was rejected, with the reason that i am in disciplinary process.
Does employer acts fairly and reasonable?
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Comments

  • jonnygee2
    jonnygee2 Posts: 2,086 Forumite
    1,000 Posts Second Anniversary Name Dropper Combo Breaker
    Does employer acts fairly and reasonable?

    They should take reasonable steps to investigate and give you a chance to defend yourself.

    But there is no exact process they have to follow. They don't have to allow appeals etc.

    Basically nothing you have described would be considered unfair or unreasonable on its own.
  • Masomnia
    Masomnia Posts: 19,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    holow666 wrote: »
    i just would like some clarity
    So i had first not disciplinary investigation, and outcome was that i am forwarded to disciplinary investigation. On this outcome was stated that i have 7 days to appeal it.
    i did but it was ignored and at disciplinary investigation was stated that i could not appeal because conduct issue was already identified. I dont understand this part and i feel the process is already unfair. I gave a grievance regarding this, and it was rejected, with the reason that i am in disciplinary process.
    Does employer acts fairly and reasonable?

    So you had an investigation and they decided as a result that there should be a hearing?

    But they gave you the right to appeal the decision to hold a hearing? That makes no sense. I don't think it's unfair as such, but it makes no sense to me at all.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • LilElvis
    LilElvis Posts: 5,835 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    holow666 wrote: »
    i just would like some clarity
    So i had first not disciplinary investigation, and outcome was that i am forwarded to disciplinary investigation. On this outcome was stated that i have 7 days to appeal it.
    i did but it was ignored and at disciplinary investigation was stated that i could not appeal because conduct issue was already identified. I dont understand this part and i feel the process is already unfair. I gave a grievance regarding this, and it was rejected, with the reason that i am in disciplinary process.
    Does employer acts fairly and reasonable?

    Does this have something to do with the two threads you have started re your employer's sickness policy?
  • holow666
    holow666 Posts: 92 Forumite
    edited 20 December 2018 at 12:05AM
    Masomnia wrote: »
    So you had an investigation and they decided as a result that there should be a hearing?

    But they gave you the right to appeal the decision to hold a hearing? That makes no sense. I don't think it's unfair as such, but it makes no sense to me at all.

    they maid non disciplinary investigation, and in this outcome forwarded me to disciplinary investigation
    they stated i have right to appeal, and my appeal was ignored. What about grievance during disciplinary?
  • jonnygee2 wrote: »
    They should take reasonable steps to investigate and give you a chance to defend yourself.

    But there is no exact process they have to follow. They don't have to allow appeals etc.

    Basically nothing you have described would be considered unfair or unreasonable on its own.

    yes, but i got investigation outcome (not disciplinary investigation) that i have right to appeal it, so if they stated i did have this right given by them, why they ignored it? Its just weird and disrespectful. That why i feel they bias, how it is reasonable?
  • Masomnia
    Masomnia Posts: 19,506 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I think they've possibly got the wrong end of the stick from some advice they've had or something because they've given you the right to appeal something that you wouldn't normally have the right to appeal. If they give you a written warning, demotion, dismiss you etc then they should give the right to appeal. If it goes to a hearing and you think it isn't fair that it has gone to a hearing then the hearing is your chance to say so; no need for an appeal.

    If I were advising your employer then that is what I would say about the grievance. If the grievance amounts to the mitigation that you would be putting forward in the hearing then just have the hearing (policy permitting).
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    holow666 wrote: »
    i just would like some clarity
    So i had first not disciplinary investigation, and outcome was that i am forwarded to disciplinary investigation. On this outcome was stated that i have 7 days to appeal it.
    i did but it was ignored and at disciplinary investigation was stated that i could not appeal because conduct issue was already identified. I dont understand this part and i feel the process is already unfair. I gave a grievance regarding this, and it was rejected, with the reason that i am in disciplinary process.
    Does employer acts fairly and reasonable?

    Like with your two other threads I suspect the problem lies with your understanding & interpretation of what your employer is/ has done.

    My reading of your story is you've had your fact finding meeting AND your disciplinary investigation and your other threads were an attempt to find grounds for an appeal. You raised a grievance whilst under the disciplinary.

    Your employer only has to have a REASONABLE belief that you have abused their sickness policy, they do not have to PROVE it to you.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • TELLIT01
    TELLIT01 Posts: 18,213 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    holow666 wrote: »
    they maid non disciplinary investigation, and in this outcome forwarded me to disciplinary investigation
    they stated i have right to appeal, and my appeal was ignored. What about grievance during disciplinary?


    The fact that your appeal was unsuccessful doesn't necessarily mean it was ignored. It just means they didn't accept that the reasons you gave for not moving to the next stage outweighs the reasons for taking things further.
    They should really have informed you that the appeal had failed, out of courtesy if nothing else.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    An investigation has led to a disciplinary hearing being convened, you disagreed with the outcome and appealed, the appeal fell so you went to grievance which fell. Is this correct.
    Don’t be a can’t, be a can.
  • polgara
    polgara Posts: 500 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    Can I suggest that you really need to improve your written English as your posts are extremely difficult to understand.
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