Disciplinary hearing

squigglebit

After 2 formal investigations I am now the subject of a formal disciplinary hearing which “may result in my summary dismissal”

3 of the allegations were raised with me over 5 months ago and my line manager chose to do nothing more than to ask me about it then. Can that really form part of the disciplinary?

One thing the company are sighting as a defence is “i told you on
A Conference call” yet there is no formal registration and it couldmof been me or any of the other 2 managers in branch attending the call.

I am also subject to disciplinary action for not keeping records of overtime yet there is no policy in place to say we shoul?

I’m not currently on suspension.

I’m looking for advice on him to draft a disciplinary statement for my defence or do we think I should just start job hunting? Have been with the company 5years.

martinthebandit

Bit difficult for me to understand your post but, bottom line,

Did you do what you are being accused of?

Can they prove that you probably did?

nicechap

squigglebit wrote: »

After 2 formal investigations I am now the subject of a formal disciplinary hearing which “may result in my summary dismissal”

3 of the allegations were raised with me over 5 months ago and my line manager chose to do nothing more than to ask me about it then. Can that really form part of the disciplinary?

One thing the company are sighting as a defence is “i told you on
A Conference call” yet there is no formal registration and it couldmof been me or any of the other 2 managers in branch attending the call.

I am also subject to disciplinary action for not keeping records of overtime yet there is no policy in place to say we shoul?

I’m not currently on suspension.

I’m looking for advice on him to draft a disciplinary statement for my defence or do we think I should just start job hunting? Have been with the company 5years.

Allegations from 5 years ago could form part of a disciplinary. Sounds like they've taken the time to investigate things thoroughly if this is 5 months ago.

How many allegations are you facing in total?

Were you the responsible manager at the time of the conference call for the subject discussed?

As a manager, do you not think its a reasonable expectation to keep an audit trail of overtime?

Your union should be able to help you with a defence statement and be able to attend the disciplinary hearing with you. if your not in a union you can ask a lawyer to help you draft your defence with the money you've saved, though they probably won't be able to attend the disciplinary meeting.

squigglebit

martinthebandit wrote: »

Bit difficult for me to understand your post but, bottom line,

Did you do what you are being accused of?

Can they prove that you probably did?

They can prove it to a point, their facts have some flaws in them and they can’t prove it was done maliciously or deliberately

squigglebit

nicechap wrote: »

Allegations from 5 years ago could form part of a disciplinary. Sounds like they've taken the time to investigate things thoroughly if this is 5 months ago.

How many allegations are you facing in total?

Were you the responsible manager at the time of the conference call for the subject discussed?

As a manager, do you not think its a reasonable expectation to keep an audit trail of overtime?

Your union should be able to help you with a defence statement and be able to attend the disciplinary hearing with you. if your not in a union you can ask a lawyer to help you draft your defence with the money you've saved, though they probably won't be able to attend the disciplinary meeting.

6 in total

They couldn’t give me a date of the alleged conference call so I have no way of knowing. Their are 2 other managers who may have been on duty.

I keep an audit trail for 3 months to ensure accuracy of wages etc. There is no company policy in regards to keeping or the length of time.

The allegation from 5 months ago was a staff member on an incorrect contract. There is no further investigation around it, it was discussed at the time and the same thing has not happened again.

Mr.Generous

Is there a training issue? Have you been given a chance to improve? Do you think you can do the job properly? Capability v's conduct? Things to consider.

I thought European working time directive required accurate records of working hours?

martinthebandit

squigglebit wrote: »

They can prove it to a point, their facts have some flaws in them and they can’t prove it was done maliciously or deliberately

If 'prove it to a point' means that they can demonstrate that's its more likely than not that you did it then that's enough.

Best advice, without knowing all the facts, but based on what you have said, is to admit, apologise and show what you've done, and what you will do to make sure it doesn't happen again, I.e. you messed up but you've learned from it.

Best, best advice is to get professional advice, or find another job.

Savvy_Sue

squigglebit wrote: »

They can prove it to a point, their facts have some flaws in them and they can’t prove it was done maliciously or deliberately

doesn't matter if it was malicious or deliberate: if on the balance of probabilities they can establish that you did it, then that's enough. It's not a case of proving beyond reasonable doubt.

TELLIT01

If you have messed something up, it doesn't need to have been deliberately or maliciously in order for disciplinary action to be taken. Incompetence or carelessness are just as unacceptable.