H.A.N.S Posted December 4, 2009 Share Posted December 4, 2009 Anyone know much about this? A few sites I've read say different things. Basically my mate has just been pulled in from his boss and another boss. He is field based and asked to meet them in an office. They told him he was just dropping a part off they needed. He's got there and one is sitting with a notepad and the other telling him the is a disciplinary hearing. He's been pulled in for something not in his contract. They are saying it could even lead to him being sacked. Surely he should've been told beforehand? Link to comment Share on other sites More sharing options...
maroonlegions Posted December 4, 2009 Share Posted December 4, 2009 Anyone know much about this? A few sites I've read say different things. Basically my mate has just been pulled in from his boss and another boss. He is field based and asked to meet them in an office. They told him he was just dropping a part off they needed. He's got there and one is sitting with a notepad and the other telling him the is a disciplinary hearing. He's been pulled in for something not in his contract. They are saying it could even lead to him being sacked. Surely he should've been told beforehand? Is he in a union, if not i would get legal advice on this situation. Preparation for fighting your corner is the best tactic. Link to comment Share on other sites More sharing options...
Fat Bob Posted December 4, 2009 Share Posted December 4, 2009 Its bad practice, but nothing to stop them for bringing him in for a bollocking. He'd have a case if it was to lead to anything worse. Link to comment Share on other sites More sharing options...
this_is_my_story Posted December 4, 2009 Share Posted December 4, 2009 Anyone know much about this? A few sites I've read say different things. Basically my mate has just been pulled in from his boss and another boss. He is field based and asked to meet them in an office. They told him he was just dropping a part off they needed. He's got there and one is sitting with a notepad and the other telling him the is a disciplinary hearing. He's been pulled in for something not in his contract. They are saying it could even lead to him being sacked. Surely he should've been told beforehand? I'm pretty sure you're right about that... 48 hours written notice for any meeting which could involve disciplinary procedures, I reckon. Link to comment Share on other sites More sharing options...
Say What Again Posted December 4, 2009 Share Posted December 4, 2009 Its bad practice That's a mild way to describe it. Sneaky bassas Link to comment Share on other sites More sharing options...
269miles Posted December 4, 2009 Share Posted December 4, 2009 I'd expect him to have been given written warning of the meeting including some background (I once got involved in something like this due to someone making a malicious complaint , the letter warned me in advance of the meeting I could be sacked). Your mate should be warned in advance as he should have the legal right to have a personal representative (lawyer , union rep , bumchum) with him. he could also ask to se a copy of the company's disciplinary procedures re attendance at any meeting , right to notice , legal representation etc. Link to comment Share on other sites More sharing options...
I P Knightley Posted December 4, 2009 Share Posted December 4, 2009 Anyone know much about this? A few sites I've read say different things. Basically my mate has just been pulled in from his boss and another boss. He is field based and asked to meet them in an office. They told him he was just dropping a part off they needed. He's got there and one is sitting with a notepad and the other telling him the is a disciplinary hearing. He's been pulled in for something not in his contract. They are saying it could even lead to him being sacked. Surely he should've been told beforehand? Key point in bold. As long as we're clear that the 'offence' is to do with non-performance of something that wasn't described in a contract, "your mate" should have nothing to fear. If it all turns nasty, there's the JKB grievance approach which, I understand, involves curling one out on the boss's desk. Link to comment Share on other sites More sharing options...
Say What Again Posted December 4, 2009 Share Posted December 4, 2009 Key point in bold. As long as we're clear that the 'offence' is to do with non-performance of something that wasn't described in a contract, "your mate" should have nothing to fear. If it all turns nasty, there's the JKB grievance approach which, I understand, involves curling one out on the boss's desk. Link to comment Share on other sites More sharing options...
Dough Ball Posted December 4, 2009 Share Posted December 4, 2009 I have just had a look at the procedure for diciplinary procedures for my work and it looks like you should have been advised of the complaint against you before being called in, it might be different in different companies though1 "3.1.3. Before any disciplinary action is taken you will be advised in writing of the nature of the complaint against you and that disciplinary action may be taken as a result of the complaint, and you will be given the opportunity to put your case in response." It also states you should be allowed to bring someone along to the meeting as well. "3.2.1. You have the right to be accompanied at a Disciplinary Meeting by a fellow-employee or a trade union official. The Company may at its discretion allow you to bring a companion who is not an employee or union official (for example, a member of your family) in exceptional circumstances (for example, where this will help overcome a particular difficulty caused by a disability, or where you have difficulty understanding English)." Hope this helps Link to comment Share on other sites More sharing options...
bebeto Posted December 4, 2009 Share Posted December 4, 2009 Anyone know much about this? A few sites I've read say different things. Basically my mate has just been pulled in from his boss and another boss. He is field based and asked to meet them in an office. They told him he was just dropping a part off they needed. He's got there and one is sitting with a notepad and the other telling him the is a disciplinary hearing. He's been pulled in for something not in his contract. They are saying it could even lead to him being sacked. Surely he should've been told beforehand? He has to be given 24hrs notice in writing. If he hasnt he can ask to postpone the meeting. He should have an investigatory first to establish the facts then a decision is made if it should go to disciplinary again he has to have 24hrs notice. This is when any action can be taken against him. Link to comment Share on other sites More sharing options...
ando Posted December 4, 2009 Share Posted December 4, 2009 get a witness in with you,union rep or someone you trust Link to comment Share on other sites More sharing options...
cl1874 Posted December 4, 2009 Share Posted December 4, 2009 Should be told ian advance so he can take a witness you are allowed one by law at any disciplinary hearing just had this happen at my work. Link to comment Share on other sites More sharing options...
hughesie27 Posted December 4, 2009 Share Posted December 4, 2009 What you should do is report them for misleading you into thinking it wasn't a disciplinary. Link to comment Share on other sites More sharing options...
The Gasman Posted December 4, 2009 Share Posted December 4, 2009 I'd expect him to have been given written warning of the meeting including some background (I once got involved in something like this due to someone making a malicious complaint , the letter warned me in advance of the meeting I could be sacked). Your mate should be warned in advance as he should have the legal right to have a personal representative (lawyer , union rep , bumchum) with him. he could also ask to se a copy of the company's disciplinary procedures re attendance at any meeting , right to notice , legal representation etc. You are only entitled to representation by an accredited TU rep, or by a colleague, you have NO legal right to take in a Lawyer. PM me if you want more detailed info. Link to comment Share on other sites More sharing options...
Currahee! Posted December 4, 2009 Share Posted December 4, 2009 You are only entitled to representation by an accredited TU rep, or by a colleague, you have NO legal right to take in a Lawyer. PM me if you want more detailed info. Couldn't you just take your lawyer as your witness? But in all seriousness you should always have at least 1 independant witness there if you can't or don't have a union rep. Link to comment Share on other sites More sharing options...
H.A.N.S Posted December 4, 2009 Author Share Posted December 4, 2009 Thanks for all the help people. They are saying it was a disciplinary interview and not a hearing. Should he still have been given notice? He's seething at the sneakiness. They got him in and threw offence after offence at him over a period of time. Anyway just to let yous know what it was regarding. He's got a tracker on his van and has been using the van outwith working hours. Link to comment Share on other sites More sharing options...
Currahee! Posted December 4, 2009 Share Posted December 4, 2009 Thanks for all the help people. They are saying it was a disciplinary interview and not a hearing. Should he still have been given notice? He's seething at the sneakiness. They got him in and threw offence after offence at him over a period of time. Anyway just to let yous know what it was regarding. He's got a tracker on his van and has been using the van outwith working hours. Trackers on vans eh? We've got them too and we've been told it's in case the van is stolen and it's NOT for disciplinary reason's. But some people get pulled up from time to time for starting late/finishing early etc. The real problem with using the van when you're not supposed to is insurance. Link to comment Share on other sites More sharing options...
Grumpy Posted December 4, 2009 Share Posted December 4, 2009 If it was a "fact finding" meeting i.e. putting an allegation to him and then giving him a chance to give his side of the story then it doesn't have to be quite as formal as a full blown disciplinary meeting - although lying about the reason he's been called in wont exactly help the companies case if they decide to push it. Has he actually been issued with a warning or been sacked? If yes the important thing is to put a written appeal in asap clearly stating the grounds for his appeal e.g. tricked into coming in, not told the purpose of the meeting in advance, not having adequate time to prepare, not being offered the opportunity to have a witness, querying the validity of the warning with respect to his contract and so on. The company must have procedures to follow and this is especially important if it goes to a tribunal. If nothings come out of it, he might want to submit a grievance regardless. The company will have to investigate it and give him a response within a defined time scale. Difficult to say much more than that with the limited info you've given Link to comment Share on other sites More sharing options...
Grumpy Posted December 4, 2009 Share Posted December 4, 2009 Thanks for all the help people. They are saying it was a disciplinary interview and not a hearing. Should he still have been given notice? He's seething at the sneakiness. They got him in and threw offence after offence at him over a period of time. Anyway just to let yous know what it was regarding. He's got a tracker on his van and has been using the van outwith working hours. If it was a disciplinary interview, he should have been given notice, given time to prepare + offered the right to be accompanied / told the appeal procedure etc. As far as using the van's concerned - comes down to the companies handbook, contract, policy and procedures etc etc. He may be guilty and have to accept any punishment, but if the company haven't followed their own disciplinary procedures then he might escape on a technicality. Depends how brave the HR manager is - some are petrified of tribunals especially when some diddy supervisor / manager hasn't followed procedure. Link to comment Share on other sites More sharing options...
Victorian Posted December 4, 2009 Share Posted December 4, 2009 Thanks for all the help people. They are saying it was a disciplinary interview and not a hearing. Should he still have been given notice? He's seething at the sneakiness. They got him in and threw offence after offence at him over a period of time. Anyway just to let yous know what it was regarding. He's got a tracker on his van and has been using the van outwith working hours. there's no doubt the bosses have been less than professional in the way they've gone about this however i reckon - seeing as it's now clear your mate has fallen foul of some company proceedures - he should approach the bosses again on his own initiative and politely and honestly apologise, as well as assuring them there will be no repeat. before hand he should ask for the meeting to be minuted so that he can demonstrate his contrition and honesty in the future if there is further action against him. he might well be rightly seething but the bottom line is that he has transgressed and is in no position to go on the offensive. Link to comment Share on other sites More sharing options...
The Gasman Posted December 4, 2009 Share Posted December 4, 2009 Couldn't you just take your lawyer as your witness? The law is quite specific, you're only allowed to take a work colleague or an accredited TU Rep into any such meeting. Link to comment Share on other sites More sharing options...
The Gasman Posted December 4, 2009 Share Posted December 4, 2009 If it was a "fact finding" meeting i.e. putting an allegation to him and then giving him a chance to give his side of the story then it doesn't have to be quite as formal as a full blown disciplinary meeting - although lying about the reason he's been called in wont exactly help the companies case if they decide to push it. Has he actually been issued with a warning or been sacked? If yes the important thing is to put a written appeal in asap clearly stating the grounds for his appeal e.g. tricked into coming in, not told the purpose of the meeting in advance, not having adequate time to prepare, not being offered the opportunity to have a witness, querying the validity of the warning with respect to his contract and so on. The company must have procedures to follow and this is especially important if it goes to a tribunal. If nothings come out of it, he might want to submit a grievance regardless. The company will have to investigate it and give him a response within a defined time scale. Difficult to say much more than that with the limited info you've given Pretty much sums it up. Link to comment Share on other sites More sharing options...
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