Disciplinary Hearing

bj141

Hi,

I am facing a disciplinary hearing at work where my manager is basically trying to dismiss me over an argument we had in the office, even though I have never had any formal warnings during the 4 years I have worked at the company. We have never seen eye to eye and he has been looking for a way to get rid of me pretty much ever since he became my manager.

Anyway, he has called a disciplinary hearing where he will be chairing the meeting, accompanied by one of his manager colleagues. HR have not been invited to the hearing as far as I am aware.

I will be represented by my Union rep but should I be requesting that HR are present at the meeting? Secondly, should I request that my manager does not chair the meeting as the incident in the office involved him and me?

Also, I do not qualify for legal help from the Union as I have only just joined. Should I be discussing the whole matter with the Citizen's Advice Bureau at this stage?

Any help answering these questions would be greatly appreciated.

floss2

You need to read your company's disciplinary procedure ASAP. The procedure must have been followed - notice given of meeting / reasons for meeting / advice that you can be accompanied etc. Also it may say what HR's input will be.

If you don't have a copy, ring HR and ask for a copy, and tell them why you need it.

shopbot

I only have experience of working for large companies - not sure how it would work in very small companies however in my experience:

Best Practice would be:
1. The incident was investigated by an independent person at an interview with an independent note taker.
2. If a disciplinary hearing follows then this should be conducted by a different person with note taker.

HR need to be involved but don't necessarily have to attend the meetings.

The person involved in the grievance isn't the right person to be conducting the disciplinary procedure - it's a recipe for unfairness.

For cases involving gross misconduct then it is a bit different and this could involve summary dismissal. How serious was this argument - could you be accused of aggressive or threatening behaviour?

bj141

I am being accused of abusive behaviour, insubordination and disobedience of reasonable management instruction although I am guilty of none of the above. It was my manager that was abusive and threatening to me. I simply asked him why he had spoken to me like he had in front of other people in the office and he threatened to throw me offsite.

In the notification letter, they had added an extra paragraph from the norm mentioning gross misconduct so I know that this is what they will be pushing for. I have a statement from another employee contrary to my manager's outlining how he had been towards me.

What do you mean by summary dismissal please?

bj141

I have a copy and it doesn't mention HR being present at the hearing, just consulted afterwards. Do I have a right to request that HR be present and do I have a right to request that my manager does not chair the meeting?

mymatebob

What does the disciplinary procedure actually say?

In order for there to be a disciplinary hearing the above procedures must have been followed.

The possible outcomes should also be mentioned in the procedures.
Your manager is not the correct person to chair this as he is one of the parties involved.

Summary dismissal means that you are dismissed as a result of this hearing, with no notice to work.
As part of the procedure there should be an appeal process.



No need to worry at this stage about legal proceedings

EDIT - if you are being accompanied by a Union rep they should know the score. Ask them as much as you can to clarify things

bj141

Thank you so much for you advice. Please see procedure below - no mention of HR. My rep doesn't seem forthcoming with advice and won't meet me until the day, 1 hour before the hearing. Is this normal?

Prelim investigation to establish the facts and circumstances

Consider suspension

Arrange disciplinary interview and remind of right to representation

Disciplinary interview where employee informed of allegation and evidence, invited to explain circumstances and provide explanation. Take notes

Adjourn

Decision

Verbal, written, final or dismissal

asea

Call ACAS they can offer you free legal advice regarding this & can tell you where you stand and what you can (& what they can't!) do

mymatebob

bj141 wrote: »

Thank you so much for you advice. Please see procedure below - no mention of HR. My rep doesn't seem forthcoming with advice and won't meet me until the day, 1 hour before the hearing. Is this normal?
Maybe busy but tbh I would expect a pre-meeting with you before the day

Prelim investigation to establish the facts and circumstances
So a preliminary investigation must have been carried out

Consider suspension
You have not been suspended prior to this - a good thing

Arrange disciplinary interview and remind of right to representation
This is what is happening now

Disciplinary interview where employee informed of allegation and evidence, invited to explain circumstances and provide explanation. Take notes
As stated

Adjourn
They go away and think about what you have said - might take hours or days

Decision
They then let you know the outcome

Verbal, written, final or dismissal

Interesting that one option here is "no case to answer" Seems that this procedure states that everyone is guilty to some extent

Is there a list of things that are classed as gross misconduct?
For example if a person, without provocation, hit another employee then that would possible be an example and lead to summary dismissal - after an investigation

Do you have a note of what right of appeal you have?

In the letter which accuses you are there specific instances or is it all vague?
If they are specific can you make sure you have a reply for them?

therealdessie

I think given that your boss will be chairing the meeting, the whole thing seems a little one sided (at least). If I were you I'd be inclined to mention the dreaded words "constructive dismissal" to them...!

bj141

They have 2 very vague statements from witnesses and I have one very clear statement from a witness. The list is very lengthy for gross misconduct but included is serious insubordination and disobedience of management instruction. My manager has therefore lied on his statement and has got one person to cooberate with him to reflect these 2 things.