Disciplinary Hearing On Thursday 29th May 2008 At 8.30am

[zarakhan07]

Hi Everyone

Could you please help me.

I would like some advice on Disciplinary meeting, I was informed by my Operations Manager that I will be having a disciplinary meeting on Thursday 28th May 2008. He also informed me that I will get a written letter regarding this via post and the meeting is on the above date at 8.30am.

I am a retail store manager in the city centre, Manchester and I have been with the company since December 2007, I have mentioned to my operation manager that I had training issues in which he investigated from his side that I had communication problems.

I have spoken to my operation manager regarding communication problems but he hasn't highlighted what areas I have these communication problems, as the examples he gives me are not related to communication problems. He also doesn't listen to what I have to say and instead has sent me to the Kingston, London store every 2 days of the week to get training but I don't understand what training am I getting as all I am doing is serving customers.

The operation manager told me that 5 people have complained about my communication problems and that 5 people can't be wrong, he has never had any of these conversations face to face but over the phone with me.

I was wondering can an employer take you to disciplinary without giving you verbal and a written warning?

I feel upset and mentally stressed due to the above and feel helpless and don't know who to go to for advice and help, it's like getting bullied and you're afraid to speak up as you think you will be in the wrong.

I have also attached a copy of the letter, which I received via e-mail, please see below.

Please do get back to me.

Thank you.

Kind Regards,

Zara Khan

27th May 2008
Miss Zara Khan

Dear Zara

You are required to attend a disciplinary hearing on Thursday 29th May 2008 in the Manchester store at 8.30am. The purpose of the meeting is to afford you the opportunity to provide an explanation for the following matters.

·Ongoing concerns regarding your management of our store in Manchester.
We have had repeated discussions regarding these issues, yet they continue without any indication that the situation will improve at any time.

You have the right to be accompanied by a fellow employee or trade union official, and should you wish to exercise this right then, it is your responsibility to make the arrangements. I will be accompanied by a colleague who will make a written record of the hearing and will take no part in the decision making process.

You need to be aware that these matters are being taken very seriously and you need to be aware that should you fail to provide a satisfactory explanation then your employment with the Company may be at risk.

It is important that you attend this meeting. If you do not do so without good reason, I have to inform you that failure to attend may be treated as a breach of a reasonable management instruction and may be deemed to be gross misconduct, the penalty for which could lead to the summary termination of your employment.

I have also attached a copy of the company’s disciplinary rules and procedures (of which you are aware) and to which I will be making reference.

If you have any queries regarding the contents of this letter please contact me

Yours sincerely

Operations Manager

[Sidewinder]

Hi Zara. I can understand your worry. Although the letter seems to be correctly worded it refers to 'ongoing concerns' and 'repeated discussions'. Are the only issues discussed those to do with your communication, or have other areas been put forward as matters of concern? When you speak of communication problems, what exactly are these?

It is important that you find a colleague to attend the meeting with you and if you are not able to then you must ask for a postponement in order to arrange this. At the meeting, you must explain, as you have done here, that you were assured that you would receive some assistance in helping with the problem yet you have not received this, only serving in a different store. You should look at your company handbook, or the disciplinary procedures sent to you to see what they say about disciplinary hearings. You are correct on saying that you should normally be entitled to a verbal, then written warning before dismissal is considered. If they try to tell you that you have received a verbal warning, then remember that even this has to be confirmed in writing to you and a right of appeal given.

Unfortunately if they choose to dismiss you then it is difficult to take action for Unfair Dismissal without 12 months service, however you may have a case for Wrongful Dismissal due to breach of contract in them not following their own disciplinary guidelines (no verbal or written warnings) although any award will not be substantial as you can't claim for anything more than actual losses (lack of notice for example).

You may still have a case for Unfair Dismissal if you believe that your dismissal is due to discrimination (if English is not your first language, or your communication difficulties are due to a disability for example). It could be argued that they employed you and should have identified any areas of concern at the time.

[zarakhan07]

Hi Thank you very much for your advice.

English is my 2nd language but i was born in the UK, so i don't have a problem speaking or writing in english but my opearation manager doesn't be clear as to where i have the problem.

I am also worried that by the end of this meeting, I will lose my job, as we received an e-mail to all stores, that the company is not doing well financially and they have to reduce staff costs.

I have made my notes to take to the meeting, so let's see what they decide, as I have worked with big retail companies in the past and never had this issue of my communication or management and this is my very 1st time i am going through the disciplinary process in my career.

The company I work for uses the ACAS disciplinary procedure.

[Sidewinder]

I really think that you can't begin to answer an allegation unless you know exactly what you are supposed to have done wrong. At your interview it is essential that you ask for specific examples of where they believe that you are failing in your job. If theytry to introduce anything which you were not aware of then do not be afraid to ask for an adjournment either to consult with your colleague or to gather your thoughts before answering them. You are also entitled to ask whether you are being targeted as part of a cost cutting exercise.

Let us know how you get on - good luck!

[zarakhan07]

Hi Thanks for your advice and support.

I have got bad news. My employment has been terminated on the grounds of unapproriate behaviour.

The letter states i have management problems, the disscusions with my opeartation manager said i had communication problems, after listening to my notes he now says i have behaviour problems.

I am confused and shocked, as the actual problem was never stated, he told me i have 5days to appeal to the Managing Director.

I am very upset, as I feel I haven't been treated fairly and I am left with no job and i am worried about what do i say at the interviews, why i left my job in just 7months.

Would I get a good reference from the company.

I had so many dreams and goals attached to this job and they have all been terminated.

What do I do from here?

zara

[MilkTrayMan]

Commiserations zarakhan07.
I been in your position once myself.
Ironically I'm waiting to hear from an ex-g/f who is EXACTLY in the same circumstances as U today (...except for different 'disciplinary' reasons given).

I know U will be gutted + have a sense of helplessness, but it's important to keep a sense of reality + purpose about yourself, to remain sane + try NOT to beat yourself up about things too much.

BE POSITIVE!!!

The VERY 1st thing to do, is tomorrow, go + sign on the Dole + make sure that U start Claiming such things as Council Tax Benefit etc etc.
It is important that U do these things asap, as there is often a delay in the processing of details.

When U receive written notification of the Disciplinary Hearing Decision, what U do then, depends on whether or not U are a Member of a Trade Union.

Here are some useful links for U...
Acas - Discipline
A-Z of Employment - BERR
Advice guide from Citizens Advice
National Debtline England & Wales, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000
Community Legal Advice
Department for Work and Pensions
Jobcentre Plus
Employment Tribunal - Homepage


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