Employer unfairness

[adridude]

Hi Guys,

 

Well I'm stuck... My employer wants to call a discaplinary (gave me about a week) and I ahve no choice but to attend.

 

The matter of the employment is my illness (ADHD) which was misdiagnosed as depression and I was treated on the wrong medication which sent me off in MANY spates of suicidal diluma.

 

I called in sick as much as I could, if I couldnt due to credit running out, I sent emails on time and kept them informed every step of the way.

 

My doctors, specialists, A&E and the works supplised ALL information I asked for to make sure that I was ok.

 

but they still called it.

 

I was advised that I could ahve either a colleague or a trade representative be with me, but I opted for my father because he is HR manager os a massive firm and would suit me fine. This was denied.

 

I then explained that the entire hearing would be recorded by myself, copies made and distributed immediately, signed by all parties as fair, but this too was denied as the company said policy was 'no recording devices were allowed in the company'. Despite us all being issues with PDA phones with over 10 hours recording capability! Anyway, thats besides the point.

 

I've been advised by a specialist at a Kent Job Centre (didnt know where else to go) to do what is called a prolonged dicatation. Which means, I write down manually every phrase/sentence or comment mentioned in the meeting, get each attending party to view it (my director, myself and their HR company; which is a client of the company which relies on myself for technical support), confirm it and then sign it.

 

I was stold to do it in this format:

 

Initial letter before start:

 

Acknowledgment of attending parties (individuals) to:

Meeting dated:

Called By:

In regards to:

Parties involved will in any literary form of recording of this conversation are:

>>>

 

Firstname: ________________________________________________________

Initials: ________________________________________________________

Surname (Nee name if needed): ________________________________________________________

Any other names: ________________________________________________________

Dated: ________________________________________________________

Signed: ________________________________________________________

Witnessed: ________________________________________________________

 

Hereafter known as Party A. This is purely for any written or typed information in regards to this hearing. All dialect recorded by: Adridude will be withessed by ________________________________ (Party reference may be named) and signed by the voicing party as a confirmation.

 

 

>>>>>>>>>>>>>>>>>>>>>>

 

When this repeats its party B, C, D, E, F, and however many attend.

 

From here on I was told to take exact wording (or agreed phrasses) as:

 

Party A: said x

Party B: laughed and said y

party C: Disagreed

 

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

 

has anyone heard of this as I feel badly disadvantaged that I was not given enough time to find a teade representative and I was also not given the right of my father (who happens to have power of attourney over me, by own will and sober mind) and am even more scared that I have been totally disallowed to record, agree and sign all copies (signed by all parties).

 

This makes me feel that I'm about to be screwed EVERY which way

Can someone help me n quick? I ahve till thursday lunchtime, then its the day *shiver*

 

Cheers

 

A

[poppynurse]

You may get more response from the employment section

 

I suspect that your employer is unhappy with your attendance, unfortunately these days it seems to be a big issue for companies and they are disciplining folk for poor attendance despite genuine illness as it impacts on the business.

 

You need to check your employee handbook and ensure that they are following the correct procedures, it is not unusual to have a disciplinary with a weeks notice and depending on the handbook it may be reasonable to refuse your father as your representative - it is usually colleague or union rep.

 

Someone will take notes that you will have the opportunity to sign. I suspect your employer may think you're being difficult if you insist on writing everything longhand.

 

Good luck

[rory32]

Thread moved to Employment Problems Forum

[adridude]

sorry rory32

[cal37]

Hi,

 

Try not to worry, its not as bad as you think.

 

The company can refuse to have your father there. The law is clear that you have to right of a co worker or trade union rep to attend with you.

 

Now are you a member of a union? If so then you have the right to have the meeting postponed till the union rep is available.

 

If not then make sure you do not go in alone, get a trusted co worker to go in with you. Take notes as shown,take as long as you like and ask them to

repeat anything you like. They can not refuse you the right to take notes and it might unnerve them if you do (a good thing).

 

You have the right to call an adornment anytime you like, so if you’re not sure what to do, call one then phone your father for his advice. They can not refuse this and you have the right to privacy during the adornment, you can also call as many as you like.

 

Good luck and if i can be of any help please ask

 

Cal

[Allwood]

Can you use a very small tape recorder at a grievance hearing.

 

If you put one on the table can they tell you to removed it.8)

[adridude]

thanks for the cool info about the adjournement, but I went through with it and peacefully... I edited below as I kinda made silly comments on there which I never really went through, I attended peacefully, played my cards right and brought out cards and facts which made me look good and made my boos look silly.

[adridude]

eek, the meeting happened

[adridude]

anyway thanks for the input on this.

 

if therte is anyone who can help with the outcome, I'd be more than glad to talk to them, I have the minutes (my minutes) of the meeting. They didnt keep minutes.

 

Cheers

 

Adridude

[adridude]

Guys, I did some reading up on opsi.. can I do this:

 

 

Dear >,

 

Under the Data Protection Act 1998, please can fulfill my Subject Access Request (the email). By this supply ALL information regarding myself or related to myself.

 

This is outlined under Part II, Rights of data subjects and others.

 

In regards to this, can I remind you that under:

Part II, 8 (supplementary to section 7), - (6) The information to be supplied pursuant to a request under section 7 must be supplied by reference to the data in question at the time when the request is received, except that it may take account of any amendment or deletion made between that time and the time when the information is supplied, being an amendment or deletion that would have been made regardless of the receipt of the request.

 

This data would have anything to do with my employment, be it a complaint, a comment to another colleague, correspondence to outside customers (i.e. xxxx a company which does your HR advisory), voicemails which you have received and so forth.

 

I require this urgently.

 

Regards,

 

>

[dundeelaw]

You can do this, but your employer can charge you upto £10 for this information. This is the Maximum Statutory amount anyone can charge for a "Subject Data Access Request.

 

They will as the law says "Supply you with everything with your name on it, be it on paper or tape, video etc.

 

Good Luck

[Sidewinder]

You can do this, but your employer can charge you upto £10 for this information. This is the Maximum Statutory amount anyone can charge for a "Subject Data Access Request.

 

They will as the law says "Supply you with everything with your name on it, be it on paper or tape, video etc.

 

Good Luck

 

 

.....but only where the information is stored in a 'relevant filing system'. Therefore if you can search a filing cabinet, or e mail directory by your name or your staff number for example, then you may be entitled to see whatever comes up, but only where information about other people is not also on the same document (unless they give permission or it can be blanked out). There is understandably quite a narrow scope therefore so you should not be surprised if a lot of information is missing when you receive the response! The data controller has 40 days to comply with your request.

[paulgmb]

Anyone, that is any employee has a right to see their personal file at any time, although some are crafty and say they require 'notice' but its your legal right to see it.

 

Regards,

 

Paul

[adridude]

well I got into trouble for going through the server and checking my 'personnell folder' lol... I got a varbal warning for that...

 

Can they do that? lol

[cal37]

well I got into trouble for going through the server and checking my 'personnell folder' lol... I got a varbal warning for that...

 

Can they do that? lol

 

 

Yes if you do not have permission to open and view them. I think you were lucky not to be sacked for it really, I guess it’s because you only viewed your own file?

[advisee]

Can you use a very small tape recorder at a grievance hearing.

 

If you put one on the table can they tell you to removed it.8)

Maybe so, but you can get some very good quality machines that will sit in your bag, nice and discreet. Good advice for others next time.

 

Re relevant filing system - arguably a managers' email folders would meet this definition too!

[paulgmb]

Yes you do need permission to view your file and also to record meetings otherwise any 'Evidence' would probably be in-admissable.

 

I have known employers to try and record disciplinary hearings! They have no right to do so without your express permission.

[Sidewinder]

There is good case law to support the covert recording of disciplinary hearings. Most employers will refuse permission, offering copies of any notes taken as an alternative. These can be compared against your own notes or those written by your colleague/TU Rep during the hearing.

 

Should the matter later end up at a Tribunal though, the case of Chairman and Governors of Amweil View School v Mrs C Dogherty ruled that covert recordings of the hearing itself were relevant to the claimant's case despite an appeal that the recordings represented a breach of the Governors' right to privacy under the HRA. The recording made of the private deliberations which occurred whilst the claimant was not present however could not be admitted, as it was agreed that these were private deliberations and a recording of those did constitute a breach.

[Allwood]

Does anyone know the reasonable length of time it should take after a grievance hearing before the employee hears about their findings. Is there a maximum length of time for investigation to a resolution.