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My husband, a contracts manager, was told that he had to attend a disciplinary hearing, but would not go into detail of the reasons why, just staing breech of contract, employee confidentiality. At the meeting they said they had statements from various people backing up their claims, and said that the next meeting would be this Friday for me to answer these allegations. When asked for a copy of these statements, my husband was told they did not have time to get them to him - even though it was 7 days away, and did not even let him look at them at the meeting, how can he redress this, does he have to attend the next meeting before he sees any supposed evidence - they told him he could see it at the next meeting- they only provided him with a confidentiality agreement which he had signed, but no contract, which he has no recollection of. Also he did not have anybody with him at the meeting as his co worker did not turn up, so could I go with him.
All your advice would be very gratefully received.
Your husband must be feeling very frustrated and let down. He is of course entitled to know exactly what he is accused of ahead of any disciplinary hearing, and should request a postponement of the meeting in order for the employer to have the neccessary time in which to provide him with copies of relevant paperwork. He should write and ask for this as early as possible, again stating that he is entitled to know of the evidence against him and now that they have more time to provide it, he looks forward to receiving this as soon as possible. He should also ask again for copies of any relevant disciplinary Code of Practice and copies of his contract, whereby the employer may take the disciplinary action which they are now seeking in response to whatever transgression he is alleged to have made.
Sadly, I do not think it possible for you to attend with him as procedures will normally state that it should be a 'colleague or Trade Union representative' - is nobody else free to attend with him?
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Thanks for that advice, I have sent an e mail to the company asking for everything. In the meantime we have received an e mail from the company,my husband is based in Hull, but we live in Doncaster, South Yorkshire, but the company are now saying in this e mail that they want the next meeting on Friday afternoon in Torquay! I think they are trying to make it as hard as possible for me. Unfortunately I have been unable to get anybody to attend the meting with me as most workers are sub contractors, and I couldn't get anybody to travel 6 hours to Torquay with me anyway.
That is quite obviously, unreasonable. Your husband is entitled to request that the meeting be held at his normal place of work, or within a reasonable distance - clearly Torquay is out of the question (unless of course they are offering First Class rail travel and overnight accommodation for husband and his nominated representative?)
Explain that you consider the expectation that you will travel that far unreasonable and that you are requesting that it be held in Hull, or at an alternative location within reasonable travelling distance.
Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.
If I have been helpful in any way - please feel free to click on the STAR to the left!
Please note that PMs may well not be answered unless they relate to issues which cannot be included in a Forum post, and also because I am only available infrequently at present
Thanks for that, I have sent an e mail saying that my husband would not attend at Torquay, and is more than happy to travel to Hull, which is his normal place of work, but we don't know everything as there seems other things are happening with the company, including being pulled off some sites, and we have also been told that a lot of work in the Hull area has been suspended for a week, and my husbands manager has not even bothered to go to Hull, which he does Monday to Friday every week, and is staying at the head office in Torquay.
Your problem here is one of procedure. Fact: Company should put any disciplinary hearing appointment in writing giving a reasonable length of time for the employee to a) Confirm attendance and b) Be able prepare answers to the allegations made against him in the LETTER.
To ask someone to attend a meting some 400 miles away is not correct procedure unless it was given in mutual consent, and would be considered normal place of work???
You should reply to their email by refering them to your original request for more information. Also explaining that you will be able to attend the hearing at your usual place of work, when in IMHO you should have the facts in front of you to answer.
Hi, the latest in this saga. The meeting planed for today at 1pm, I requested a postponement until I received all documents and another place for the meeting as Torquay is too far. I only received a reply to my emails after the meeting was scheduled to start today. They have agreed to give me all the information over the bank holiday weekend, but now want the meting in Cheltenham, at a time and date to be agreed, they have stated that the meeting cannot be held at their Hull office due to 'miscellaneous attacks', this journey would take about 2 hours and 45 minutes, and for the company about 2 hours 20 minutes. Do you think this is a fair place to have the meeting? I am really grateful for all the advice I have been given at this very stressful time.
I would suggest this is still unreasonble to ask you to travel that distance.
If the nature of the meeting is so "Risky" to be in Hull you should wait until they give you the details of what the hearing is about.
Can I suggest that you would also be entitled to claim 40P per mile (HMRC rate) Travel Expenses if you drive, as this will be away from your normal place of work.
You also have the right to a representative of your choice to assist you, which has not been mentioned before.
The latest, the company have now folded on the 9th, but not bothered to tell us, they have immediately carried on trading under a different name, with the same people running the company in Torquay, they just closed the Hull office, now were down about £5000, in lost wages and holiday pay, we haven't even been able to claim unemployment until now because we didn't know the company had folded, it's just so frustrating, there were quite a few people working for this company and apparently they have done the same thing in the past, does anyone know if there is anything we can do
Do you know if the company was a Limited Liabilty Co and have they appointed an insolvency practitioner.
I am pretty sure you will be able to do something about this but I need more info.
BB
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
You may be able to claim your lost wages through the National Insurance Fund, please dont give this up you are losing money through no fault of your own.
BB
Charges succsessfully claimed back from: First Direct Nat West Barclaycard Alliance+Leic
Mint CCA sent as yet no reply Nat West M/C CCA sent as yet no reply Barclaycard CCA sent as yet no reply Egg DCA Court Claim issued then discontinued ***(WON)****
Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)
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