Need some advice re whether to attend disciplinary hearing

[colgate01]

Hi,

I need some advice about whether to attend my disciplinary hearing.

I have submitted a full statement in response to the complaints made against me, which is now being reviewed by my employer and probably their solicitors. My hearing was postponed until friday.

My solicitor says that I should not go to the hearing and should speak to my employer to try and settle this off the record.

The thing is that I have done nothing wrong - nothing to warrent any kind of disciplinary action and the statments they took are false and malicious. I have submitted reasonable responses to all the complaints, lots of evidence and asked them to take further statements. I just can't believe that anyone could reasonably fire me on the basis of the statements submitted and my response. It doesn't make sense.

My solicitor says that regardless of this, if they want to use this to get rid of me, they will and I shouldn't risk this. He feels I would have a good claim if they did and I am willing to do this if needs be. But I don't know whether trying to end this now would be the best thig for me - I am now on medication for anxiety and depression as a result of my work situation.

Any advice would be appreciated - should I follow my gut instinct and go to the disciplinary or try to end it now - is that not just saying I had done something wrong in the first place? Is clearing my name really worth damaging my health?

I don't know what to do...

[diskmandave]

My solicitor says that I should not go to the hearing and should speak to my employer to try and settle this off the record.

Good advice in the 2nd part, but if you ultimately go to tribunal having failed to attend a disciplinary hearing in the first instance then it's going to seriously impair any claim you would bring.

Is your solicitor an employment solicitor? Are you a member of a Union?

If you're not in a Union it's the GMB's policy to use disciplinary's as a recruitment tool.

Good luck, Dave.

[colgate01]

Hi,

I think you misunderstood. The idea is to have an off the record chat with my employer regarding an exit deal to avoid the disciplinary process and potential tribual. The problem with this is that I want to go to the hearing to clear my name but there is of course the risk that this won't happen with the best will in the world.

[BeauBrummie]

Originally Posted by colgate01

Hi,

I think you misunderstood. The idea is to have an off the record chat with my employer regarding an exit deal to avoid the disciplinary process and potential tribual. The problem with this is that I want to go to the hearing to clear my name but there is of course the risk that this won't happen with the best will in the world.

It would seem you already are in the "disciplinary process". So I think your gut feeling is right, because as DMD says if you are asked to attend a meeting of this kind the company are taking this seriously and so should you. By that I mean your non-attendance could be viewed as admittance of guilt, even though you have as you say submitted evidence to the contrary.

If this is a Disciplinary Hearing (and I am assuming it is not for gross misconduct)then you will have rights of appeal if you think that any decision taken by the company is wrong.

Can you take anyone along with you for even just moral support ? it can greatly increase your confidence, again this is your right at a disciplinary hearing.

Please keep us posted here and good luck.

BB

[scampjet]

a good point made about the GMB by diskmandave. I do know that you are entitled to bring your rep with you to a disciplinary hearing and he must be given enough time to prepair for it. Even if this means it is postponed. If you went down this route and ultimately to a tribunial, it would not put your employer in a good light if he refused to allow you representation.
Personally, I would attend the interview so that it could not be used against me.
If your employer has taken things this far and it is as you say that the accusations are false then it is probably their intention to sack you anyway for whatever reason and if they don,t succeed this time they will the next.
What ever you do if you attend...do not do so alone. Ask if the interview can be recorded.

[diskmandave]

Originally Posted by colgate01

Hi,

I think you misunderstood. The idea is to have an off the record chat with my employer regarding an exit deal to avoid the disciplinary process and potential tribunal. The problem with this is that I want to go to the hearing to clear my name but there is of course the risk that this won't happen with the best will in the world.

Well, of course it won't happen! The fact that this is now firmly within your employers disciplinary process adds weight to the fact that they want you to exit from their employ as cheaply as possible.

By all means, have chats off the record, but be sure to state from the off that it's an off the record discussion.

I personally believe that you need to go through your employers full disciplinary procedure if you believe you're innocent. When that avenue is spent you have the right to go to Tribunal.

Good Luck... Dave..

[tiglet]

I agree with Dave completely - I would be extremely careful because "off the record" chats can quickly become "on" the record and you will have no proof as to who has said what.

Stick with the procedure, that's my advice.

[colgate01]

Hi everyone,

Well I decided to attend the hearing which was a bit of a sham to be honest. It was clear that they had already made their mind up. An hour into the meeting my boss suggested that we have break and asked if I would have an off the record chat with him, which I agreed to. He suggested various options that would allow me to continue working and also an option if I would drop my grievances against the company and and future claims against the company...... He put a reasonable offer on the table.
So I agreed to think about it and come back to him next week if I was interested in taking the offer only to receive an email and contract with some of the things we discussed outlined in such a way as to make out that I had agreed to them already and a deadline to agree to the agreement of early next week......so i agree, off the record seems to have quickly come on the record!
I have long decided that I can't work there any more and I guess this is the easiest way of moving on but I did not agree to anything today. I wanted to be able to discuss it with my family first since they will be affected by my decision. My understanding is that I can't agree to it without a solicitor reviewing it anyway?

[Weird Al Yankovic]

Hello

Are you actually paying a solicitor or have you had free advice?

Also, it is a little difficult to comment on such vague postings. What are the charges?

[breeze1996]

Ask him to write you a reference as well. or put it in writting that he will not give you a bad one. I've been this route and employers lie, never go alone to any meeting alone and never ever trust someone who works for the company to be a witness, they have to look to their own jobs.

I know you want to clear your name but sometimes it's just best to take the money and run, it's a long hard slog, and you will be made to doubt your words in the end.

Bad feelings will run through the company as others will always think something must have happened, no matter how much you say different.

Sorry I know what i've said isn't nice but if it's making you ill take the money and run.

[colgate01]

Hi Breeze,
Thanks for the advice - that's exactly what I am going to do. I don't trust my boss one inch anymore. I think he is just being a complete coward. He refused to say any of this in front of anyone else so I had to speak to him alone but I will someone with me next time I go into work.

Thanks again.