Disiplinary hearing

General_Grant

Juneyggg said:

Employers must follow a fair process, so how can not being able to answer the evidence they have a technicality as far as I am concerned I have a right to defend myself . 

But are you now avoiding defending yourself by not engaging with them fully?   Forgive me if I've lost the plot here but haven't they said they will now discuss things with you but you are saying they didn't follow what you thought should be the procedure back when and therefore you aren't going to discuss it now as they have lost their opportunity?

Juneyggg

Not the case, I have offered at disiplinary and they refused twice saying they were happy to pass on the evidence,so how can the discipline me on something I haven't answered or been allowed to, so it came to appeal hearing and I have refused now as an appeal hearing is what was wrong with it all and that is my case I was not give the opportunity to give my side of the evidence

Diamandis

You can say anything during the disciplinary,  you dont need to be invited to do so. If you had points you wanted to make why didnt you make them?

What is the outcome you actually want from this? Another disciplinary hearing?

Undervalued

Juneyggg said:

Not the case, I have offered at disiplinary and they refused twice saying they were happy to pass on the evidence,so how can the discipline me on something I haven't answered or been allowed to, so it came to appeal hearing and I have refused now as an appeal hearing is what was wrong with it all and that is my case I was not give the opportunity to give my side of the evidence

Is that what your union's legal department have advised you to do?

If it is then I am surprised but obviously they are (I assume) in possession of far more details than anybody on here and will have their reasons.

There is a saying you can only have one legal advisor. As has been pointed out, unions are normally very quick to drop all support for a member who seeks advice elsewhere. I can only suggest you do exactly as your union advises.

Billy_B_North

Juneyggg said:

Employers must follow a fair process, so how can not being able to answer the evidence they have a technicality as far as I am concerned I have a right to defend myself . 

That post doesn’t make any sense, what do you mean by “able to answer the evidence”?

This right that you are asserting, where are you taking that from?

Juneyggg

If your employer say they have evidence, they produce it and let you respond,my company didn't want me to,they passed it by  so how can that be a fair judgement

Juneyggg

No more comment please as nobody has given an answer to the original question. 

Undervalued

Juneyggg said:

No more comment please as nobody has given an answer to the original question. 

There is no definitive answer to your original question for reasons that have been explained multiple times.

You seem unwilling to listen to the excellent advice you have been given. Hopefully you will heed the advice from your union! 

Finally, it is a public forum, you don't get to decide to end comments.

Juneyggg

I asked if anyone had a similar experience, I wanted to find out how it went for them,so far no one has said they have.
As for advice ,I have handled it all correctly from start to finish following acas guidelines and union advice as I am capable enough myself to read a company's disuplinary procedure etc and also understand they haven't followed their own procedure,so again as stated I wondered if anyone had a similar experience. 

74jax

Juneyggg said:

If your employer say they have evidence, they produce it and let you respond,my company didn't want me to,they passed it by  so how can that be a fair judgement

If they have evidence, they have evidence.  I'm not sure it warrants a response.  They show the evidence and act on it.  Obviously we don't know what the whole situation is or what indeed the evidence is.  If you disagree with the outcome of their findings you appeal.
If you mean something like they showed a video as evidence of you steeling from the till, it was clearly not you in the video.  Then I would be  shouting from the rooftops that the evidence is not of me.  I wouldn't be waiting to be invited to reply on the video.  Again, I have no idea of what the scenario is you are talking abut, but that's an example of how i would respond to the evidence presented without being 'asked' too.