Disiplinary hearing

Juneyggg

Hi,
Can anybody clarify if you have an investigation meeting and a disiplinary hearing,should I  agree the minutes and can at investigation stage a comment was made stating they thought I was guilty.
Are they allowed to do this ???.

Lomast

Normally minutes are only taken at a formal disciplinary hearing. Form experience they are normally in bullet point format unless the company has a competent stenographer on the payroll.
Are you saying the minutes  are not accurate?
Who stated they  thought you guilty and in what capacity were they operating, investigating officer?

Juneyggg

Minutes at formal disiplinary were not accurate,pointed this out and gave examples, the response was " I will do a second set of notes ", and no interest in other mistakes.
The investigation was done by my area manager, and she stated a biased comment on the investigation notes,and this surely affects the disiplinary, and I also didn't get a chance to respond to their supposed evidence.

oh_really

Juneyggg said:

I also didn't get a chance to respond to their supposed evidence.

What happened at the hearing?

You should've been provided with their case and evidence beforehand to enable testing at the hearing.

Did you prepare and present your case?

Have you subsequently been dismissed?

Juneyggg

Yes I prepared and did very well, and yes dismissed on evidence that they dismissed at disiplinary. 
It has been a total mess all the way,however hubby is a union rep and has kept me right all the way.

oh_really

Juneyggg said:

It has been a total mess all the way,however hubby is a union rep and has kept me right all the way.

Did you have representation at the hearing?

Do you intend going to appeal?

Juneyggg

Yes I did and at appeal I had union,he stated that it has been handled very badly and he is prepared to go to tribunal. 
Still awaiting appeal outcome, however they did come back to offer a chance to discuss the evidence,however I refused as they had ample opportunity before this  stage to discuss the evidence,but they didn't want too.
I just want it all finished with but I won't allow them to treat me so unfairly.

oh_really

At appeal did you argue potential process contamination due to the comments made by the investigating officer?

Juneyggg

Yes at both.it was a very narrow investigation conducted by my manager and it has been obvious since the start , I only wondered if anyone else has has a similar experience of a flawed process and what to expect from outcome of appeal

MalMonroe

During disciplinary action, employers have a specific procedure to follow and you may be wise to contact Acas for some advice, their details are here - https://www.acas.org.uk/contact

Acas also publish online information about disciplinary hearings and your rights - two links as follows:

https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-hearing

https://www.acas.org.uk/appealing-a-disciplinary-or-grievance-outcome

Good luck. 

Undervalued

MalMonroe said:

During disciplinary action, employers have a specific procedure to follow and you may be wise to contact Acas for some advice, their details are here - https://www.acas.org.uk/contact

Acas also publish online information about disciplinary hearings and your rights - two links as follows:

https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-4-the-disciplinary-hearing

https://www.acas.org.uk/appealing-a-disciplinary-or-grievance-outcome

Good luck. 

As has been pointed out to you before, there are no longer statutory procedures that must be followed to the letter. That changed some years ago.

Employers are expected to try and conduct a fair process and a generally reliable way of doing so if to follow the ACAS guidelines. However an alternative process may also be fair.

There are no longer automatic awards at employment tribunals simply for procedural errors as there once were. Many of these ACAS "help" pages could do with updating!