sons got a disciplinary hearing-advice please

jubaxt

my son was issued with a disciplinary notice this pm-he is in a trainee position and has been with this company for almost 6 months.
he is punctual,would do anything for anyone ,and is well liked-his boss has set the meeting for thursday pm
my so has been praised along the way for fitting in etc but has been told that the meeting is for performance problems-he is now worried that he will be sacked on thursday

can anyone please advise

hotmama

Hi, iw ork for a large retailer and as far as i am aware he cannot be sacked straight away there need to be a process in place - i.e a formal warning, time to improve then final written then dismissal if no improvement.
Some companies they reduce a stage when in probabtion but it still should not got straight to dismissal.
Has he been given the right to be accompanied?

doom

I agree with hotmama.
If this is the first he has heard about these 'performance issues' then I very much doubt he will be dismissed at this early stage. It is more likely just to make him aware of the companies concerns so he can try and improve.
He should be given the right to be accompanied to this meeting - it is a good idea to take someone reliable...
I wouldn't worry.... let us know what happens tho....

cazziebo

If the employee is still within probation period then yes, he can be dismissed with requisite notice -which usually means the employee is told to go immediately but paid for the week. With less than a year's service there is no right to reasons for dismissal, and no recourse to a tribunal for unfair dismissal (unless there are grounds for discrimination).

Hopefully it won't come to this and he will be given some improvement plan to help him. It does sound as if his conduct is exemplary so if the worst comes to the worst, he should ask for a reference to help him find another position.

In any case, reassure him that just because he doesn't fit here, there will be the perfect job for him somewhere.

Fingers crossed for him on Thursday

jubaxt

thanks all
really worried about this-i just hope he's not dismissed

biv

cazziebo pretty much hit the nail on the head. The six month point is a common cut off point. Most companies I've worked for take the view that you should be fully trained and up to speed with others by six months.

I would be surprised if your son didn't receive any warnings about his performance beforehand. A disciplinary hearing is a pretty harsh for a first step.

Be aware that you might not know the full story here. I don't mean to sound offensive - it's just that I know that I could act however I want in work and my parents would be none the wiser.

He should be prepared to explain any lapses in performance, and acknowledge any parts of the job he finds difficult. He should try to reassure his employer that he intends to focus on his weaknesses and ask for additional help if required. He should avoid showing any anger or upset as this will not help his cause.

He should have a right to take someone else in there with him (ideally an employee - not family or friends!), and he should definitely not sign anything unless he agrees with it - ideally he should ask to take any documents away and reflect on the meeting before signing anything.

The main thing is to recognise that he is in a disciplinary as his employer thinks he is not up to scratch, and he should aim to be fully prepared with what they might deliver.

Again, sorry to be negative, but make sure you give him some good advice.

ohreally

A disciplinary for a young trainee with alleged performance issues is not the way forward imho. There are a few issues to consider before convening a hearing such as is his training appropriate, does it meet his needs, is it delivered in a manner that is easily understood by the recipient, is he mentored, lots of questions to be asked long before a disciplinary. He should also be given appropriate notice of the hearing to allow for preparation and to arrange representation, a couple of days falls somewhat short.
The employer is going about this the wrong way. The down side is he will likely have little recourse within employment law because of his length of service.Assist him prepare a statement of case focusing on the positives, perhaps suggesting that management could provide closer supervision and perhaps a more experienced trainer. If his performance is open to question have they put in place any support mechanisms to help improve, if not why not? Has counselling been considered as a more appropriate option than disciplining?Also point out the purpose of the disciplinary should be remedial rather than punitive.

jubaxt

thanks again folks.


he has been to see his boss this am to ask for a hint -his boss was approachable and said that he felt my son was finding it difficult with learning some of the tasks set.

he went into the job after studying at uni and had only covered the basics in his degree.he has had no mentor as such and when he has approached other team members to ask if his performance is ok they have always praised him.even at his appraisal in december he was praised.

he was set a task last week which should have taken 2 to 3 hours and completed it successfully in 20 minutes.

without giving too much away he works for a computer game company but had actually completed a degree in robotics

suppose we will have to see what tomorrow brings.

by the way-he has mild epilepsy and takes medication which obviously has effects at times-drowsiness etc-should this be a consideration??

Fleago

jubaxt wrote: »

by the way-he has mild epilepsy and takes medication which obviously has effects at times-drowsiness etc-should this be a consideration??

Hi Jubaxt,

It could well be that your son's epilepsy may mean that he is covered by the Disability Discrimination Act, which would mean that his employers would be legally obliged to make reasonable adjustments for your son. There is valuable information here and here that will help your son decide if it is relevant to him and to both his current situation and future issues in employment.

I agree with ohreally, going straight to disciplinary is very harsh indeed for performance issues that have not been previously addressed in any way.

Good luck to your son tomorrow, please let us know how he got on.

Fleago

jubaxt

thanks everyone for your support

emmy05

does seem a little harsh if he hasnt any history already of warnings, and why not tell him along the way of any problems rather than wait for something like tomorrow, i would be prepared to throw the book at his boss if the worse should happen, good luck xx