Jump to content


Disciplinary Hearing: 19th Sept 2017


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2386 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

My manager has served me with a strange invite to a 'Formal Performance Management Hearing'.

See the attached file.

 

It was served with 4 working days notice, no issues there.

 

I will be taking a colleague with me and have requested times on 25th and 26th September to accommodate the colleagues availability

- within the bounds set out in the letter.

I have informed my manager of who it will be.

 

When my manager served me the invite,

he said it will result in a stage 1 disciplinary which is first written warning.

The letter clearly states 'could' result though.

 

Can I make a point of saying this at the beginning of the hearing so as to state my concerns regarding the outcome being pre-determined?

The letter also states my representative can take notes.

I thought they could do more than this,

 

I checked the Employee Regulations Act 1999, s

ection 10 states that they can:

Address the hearing to put my case Sum up the case Respond on my behalf to any view expressed at the hearing Confer with me during the hearing

Do I understand correctly?

I realise that they cannot answer questions for me.

 

I intend to clarify this at the start of the hearing.

If my clarification is rejected, what is my position if I'm served with a disciplinary notice?

 

I do feel aggrieved by the accusations

 

 

I'm comfortable I can defend 3 of them.

 

 

The one I'm not as confident about is the Unsatisfactory team management.

 

 

It's very broad and feels like if he throws enough at me, some of it will stick.

Hearing letter.pdf

Link to post
Share on other sites

Well I am not, per se, seeing anything strange here. Why do you think it is strange? The situation is alleged to be that your employer has raised concerns with you in the past about performance issues. They do not consider that you have addressed their concerns so they are proceeding past the informal stages to formal processes which may, if the situation does not improve, eventually lead to your dismissal. This is all rather commonplace and normal practice.

 

The letter does not say that your companion cannot do anything more than take notes. So by all means clarify it with them, but I do not read into that statement what you have.

 

You cannot depend upon an off-the-cuff comment (which was verbal and so therefore can be disputed anyway) over what was clearly stated in the letter. Yes, it may result in a disciplinary outcome. And let's be honest - I think it will too! But that is not entirely the same thing as pre-judging the situation, not on an evidentiary basis.

 

You appear to be making a common error here - nit-picking the process. Whilst it is true that a faulty process may impact on fairness, in reality that process must be a very long way away from ACAS guidance to be considered that. Just by reading the letter and based on what you are saying, you are nowhere near a position where that is the case. The key to any disciplinary is the allegations. Nit picking the process only annoys employers needlessly. When you need their goodwill and support, no matter how far away those appear to be (and yes, they are far away or we wouldn't be discussing this at all) then you do nothing to antagonise them and make things worse. Let's say, for example, that the manager did say that you will get a warning. So he mistakenly used an incorrect word? Maybe he has pre-judged it (anyone who thinks this doesn't happen hasn't been there!)? So what? Do you think that attacking his integrity or position will in any way serve to improve yours, even if you are right about everything? Of course it won't. So don't go there...

 

So the other part of your question is really about what you can do when/if you lose the hearing. You can appeal to your employer. That's basically it. And whilst appeals may occasionally win, they rarely do. So don't expect anything from that and you won't be disappointed.

 

So what do you do when you lose - whether or not you appeal? Well of course you feel aggrieved. Everyone always does - even when they did whatever it was, and know the did! It's a pretty rare individual who walks out and says "Fair cop, I should have done differently". The best advice I can provide is to work with it. Becoming bitter about it only puts you in a worse position. Get clarity - a written performance plan - that sets out exactly what you are expected to do and how, and stick to it. Regularly review your progress, and talk to your manager about how you are doing and whatever problems you are having. Act like a professional and you can walk away from this in a short time, and forget about it. That might mean you start looking for another job at the same time. Or it might mean you fix whatever the problem is. Either way, it's a fix. Going to the next stage isn't - that is not what you want to happen.

 

One final word of advice that most people in your situation don't get told. Your view of your performance may be (and probably is) very different from that of your employer. Your view is irrelevant. If your employers expectations of your performance are not met, that is your problem and not theirs. If this inevitably leads down the path to a dismissal, the view of a tribunal is that employers have absolute authority to set performance standards - a tribunal will never question their business decisions, and this is a business decision. Follow the right process - and they do appear to be doing that - and they will achieve a legally fair dismissal. So the bottom line is that whatever your employers performance expectations are are right - achievable, reasonable or not. Don't get yanked down a path of trying to dispute them - it doesn't hold any merit.

Link to post
Share on other sites

Thank you for the honest appraisal of my situation Sangie565. I will take note of your observations and advice.

 

This will enable me to spend my weekend very differently. I do have a tendency to overthink, so, added to the rawness of my emotions currently, this trait could distract me from the process.

 

Disciplinary action is the most likely outcome, I think I am marginally coming to terms with this, so I will try to make the best of the situation by asking for a formal, written performance management plan and regular scheduled reviews to check my progress. I currently don't get scheduled 1:1 time with my manager.

Link to post
Share on other sites

Thank you for the honest appraisal of my situation Sangie565. I will take note of your observations and advice.

 

This will enable me to spend my weekend very differently. I do have a tendency to overthink, so, added to the rawness of my emotions currently, this trait could distract me from the process.

 

Disciplinary action is the most likely outcome, I think I am marginally coming to terms with this, so I will try to make the best of the situation by asking for a formal, written performance management plan and regular scheduled reviews to check my progress. I currently don't get scheduled 1:1 time with my manager.

 

That's a pretty good attitude to go with. And this is where you can evidence things, just in case things get worse. Records of the process to support you to improve - or not - are the best evidence of fair or unfair procedures.

 

How long have you worked there?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...