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    • Hmm yes I see your point about proof of postage but nonetheless... "A Notice to Keeper can be served by ordinary post and the Protection of Freedoms Act requires that the Notice, to be valid,  must be delivered either (Where a notice to driver (parking ticket) has been served) Not earlier than 28 days after, nor more than 56 days after, the service of that notice to driver; or (Where no notice to driver has been served (e.g ANPR is used)) Not later than 14 days after the vehicle was parked A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales." My question there is really what might constitute proof? Since you say the issue of delivery is a common one I suppose that no satisfactory answer has been established or you would probably have told me.
    • I would stand your ground and go for the interest. Even if the interest is not awarded you will get the judgement and the worst that might happen is that you won't get your claim fee.  However, it is almost inevitable that you will get the interest.  It is correct that it is at the discretion of the judge but the discretion is almost always exercised in favour of the claimant in these cases.  I think you should stand your ground and don't give even the slightest penny away Another judgement against them on this issue would be very bad for them and they would be really stupid to risk it but if they did, it would cost them far more than the interest they are trying to save which they will most likely have to pay anyway
    • Yep, true to form, they are happy to just save a couple of quid... They invariably lose in court, so to them, that's a win. 😅
    • Your concern regarding the 14 days delivery is a common one. Not been on the forum that long, but I don't think the following thought has ever been challenged. My view is that they should have proof of when it was posted, not when they "issued", or printed it. Of course, they would never show any proof of postage, unless it went to court. Private parking companies are simply after money, and will just keep sending ever more threatening letters to intimidate you into paying up. It's not been mentioned yet, but DO NOT APPEAL! You could inadvertently give up useful legal protection and they will refuse any appeal, because they're just after the cash...  
    • The sign says "Parking conditions apply 24/7". Mind you, that's after a huge wall of text. The whole thing is massively confusing.  Goodness knows what you're meant to do if you spend only a fiver in Iceland or you stay a few minutes over the hour there.
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Asked to accompany colleague to disciplinary


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Guest louis wu

Can't help with what your supposed to do, but I would say your freind has made a good choice in asking you to attend. Your help and advice is always practical, accurate and sensitive.

 

I think your their, just to stop your colleague saying things that will drop themselves in it, but hopefully someone who knows about these things will give you a full rundown.

 

louis

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management).

 

You should talk to your colleague first and help then to make a list of things they would like to say as, sometimes, in meetings of this kind, it can be difficult to remember everyting that is relevant. Quite often people come out of meetings and say "I wish I had remembered to say this/that".

 

It is also important that you make notes throughout the meeting, as your colleague may not be able to take down or remember everything that is said, and if she has to appeal against any decision, the notes may come in useful.

 

Hope it goes OK.

 

Kind Regards

 

Ell-enn

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

As someone who has chaired more disciplinaries than I would like to recall I suggest:

Speak to your colleague and ask them to tell you everything. Firstly, reassure them that you will be discreet and will not blab around the work place.

Tell them that some facts may come up at the hearing that they may not have mentioned to you due to embarrassment or think are unimportant. Remind them you're on their side if they are honest and open. I have lost count of the times reps stay silent with a shocked expression on their face.

Take notes at the meeting.

Don't be afraid to call a short halt to consult these notes and to talk to your colleague. If necessary, ask if you may leave the room to consult in private.

Don't be alarmed if the chair calls a break - you may have rattled their case (it happens).

Don't bring up irrelevant subjects like 18 mouths to feed at home and grandmothers who are in prison - the hearing is about workplace conduct.

Ask the chair if they have evidence that your colleague has been given / notified of the company's policies for disciplinaries, grievances and whistleblowing (whichever is relevant). Signed receipt of a company handbook / letter of employment saying these policies are in place and available to all is sufficient for the employer as it is then up to the employee to read these. If there is no such evidence use this fact.

If your colleague did make a mistake encourage them to to say sorry before the meeting ends and to explain how they intend to improve in the future. If necessary ask them to produce an individual development plan with clear and realistic time lines for completion.

This should go a long way as most disciplinary policies do not set out to be punitive but to prevent future wrongdoing, also many companies do not need the stress and expense of a tribunal and will try to resolve the situation in-house.

Above all, the employer does not need have to have proof that a crime or definite misconduct has taken place, just that they have to have a reason to believe it has. They are not a court of law, and in rare instances will be prepared to go to tribunal, so make sure you have the story straight .

Good luck, and let us know how it goes.

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Ell-enn, can I just point out that by rights only a union official can address the meeting etc, a co worker acting as a witness is just that and can not address the meeting.

 

Now many companies might be ok with co workers addressing meetings but just as many will not be. Now you both can consult with each other and ask for a short break at anytime, so if your co worker thinks of something important then they must make the other aware so they can ask for the break.

 

Hi Cal, thanks for pointing that out - the company I work for are OK with it, but I take your point that most may not be.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi there Poppynurse. When accompanying someone to a disciplinary hearing you may address the meeting but you cannot answer questions on behalf of your colleague (unless agreed by management). Ell-enn

 

Ell-enn, as a co-worker you may address the meeting, but you can not speak on behalf of the person you're representing, nor can you answer questions for them.

 

I thought that's what I'd said :confused: but happy to be corrected

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have been asked to accompany a colleague to a disciplinary re poor attendance - what am I expected to do?

 

Check your employee handbook.

 

One company's disciplinary rules differ to the next so it is a little difficult to advise you on what you can or cannot do in the meeting.

 

Also, you will have protection from victimisation should you be concerned that your employer will make life difficult for you in the future should you accept.

 

Have a long chat with your colleague and take notes to discover any possible mitigating circumstances as to why their attendance is so poor.

 

The aim should be to try and get as least a penalty against your colleague depending on how serious the poor attendance has been.

 

Will you post up a bit more once you have a better understanding of the case against your colleague?

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