I've been asked, via phone call this morning, to attend a disciplinary meeting on Wednesday. I asked why but was not given an answer, I was told I would be sent details in writing beforehand. A colleague had a disciplinary a while ago and was given nothing in writing before the meeting. I suspect I won't receive anything either.

I've been employed by the company for almost 5 years. Their disciplinary procedure is an appendix on the contract, the contract itself states that the procedure is non contractual. Questions:

Do they have to inform me in writing of the meeting?

Do they have to inform me of the reason/s prior to the meeting?

Their disciplinary procedure states that they will inform in writing of the meeting and reasons for it, but since the contract says the procedure is non contractual do they have to follow it?

If I refuse to attend without first knowing the reasons and being informed in writing, what action can they take?

Hi, call them back and check if it is an investigatory interview (in which case, may not even be about you, just a fact find, procedures don't apply) or an actual disciplinary (procedures do apply)

It's a disciplinary. Had an email from the HR guy about it but the reason he gave was kind of vague. As in it only stated the nature of the offense; no time, date, place, etc. So I honestly have no idea what it's about.

I requested that information and he refused, saying it will be presented during the meeting.

Their procedure states the meeting must not go ahead unless I have had reasonable time to consider my response. I can't consider my response without any details.

So do I refuse the meeting or request a second meeting after I've received the information I need?

I would have a read of this guide, and use language and refer to it, in your written response Have you also been given an opportunity to bring a rep/colleague with you? Insufficient time to organise one is also a reason to delay! 2 days is not enough notice. http://www.acas.org.uk/index.aspx?articleid=2179

I agree. But I would add - you never refuse to attend a disciplinary. You request it to be rearranged so that you can arrange for representation / have sufficient time to review the allegations and evidence and prepare a response. That puts the onus on the employer to comply with required practice, rather than you saying you will not attend.

Yes he mentioned I can bring a colleague or union rep/official. I have a question about that actually...

See, myself and many of my colleagues are employed through an agency of sorts. It is the agency that is conducting this disciplinary. They specify that only a colleague employed by them can attend. The thing is lots of agencies are used by the actual company that I work for so very few of my colleagues are employed by the same agency as me. In fact I only know of one guy in my team and he's useless at stuff like this. Are they right to restrict me in this way?

Yes he mentioned I can bring a colleague or union rep/official. I have a question about that actually...

 

See, myself and many of my colleagues are employed through an agency of sorts. It is the agency that is conducting this disciplinary. They specify that only a colleague employed by them can attend. The thing is lots of agencies are used by the actual company that I work for so very few of my colleagues are employed by the same agency as me. In fact I only know of one guy in my team and he's useless at stuff like this. Are they right to restrict me in this way?

Yes they can restrict it in this way. Read page 25 in the ACAS document linked by Emmzzi in post #4. The statutory right to be accompanied by a "companion" is limited to a fellow worker, ie someone else who works for the same employer. An employer can offer wider rights to be accompanied in its own disciplinary procedures if it wants to although it sounds as if your employer sticks to the statutory position.

Are you in a union?

legally yes - colleague from same employer, or rep

they may flex if you ask; they may not

I'm not in a union unfortunately. He won't flex at all, I know him he had a short stint as our manager in the company I actually work for and now he does some HR type role for the agency I'm employed by, he's a nasty piece of work.

The director of the agency is lovely though. I will call her first thing in the morning, see if she will allow me to bring another colleague.

Request the director of the company!

employed via an agency? that saves the employer a few bob in NI contributions and circumvents some employment law to boot. The rules for disciplinaries are set in law so they have to use to a minimum threshold at least. Colleague not necessarily from same site if same employer