Suspended - Disciplinary hearing tomorrow

[ConnyWonny]

Hi,

 

An ex colleague was suspended from his place of work this morning following an incident in which he feels he wasn't at fault. He works in a glass manufacturing plant and sent a panel of glass through a washing machine, which caused this machine to become contaminated. The guy he was working with completely flipped out and started throwing panels of glass around the factory. Unfortunately for him, the H&S Manager witnessed the whole event and he was immediately suspended.

 

A couple of hours passed by before my friend was called into the office and he too was suspended for 'negligence'. Apparently the company are saying that his actions led to the whole flare up and he was negligent in putting the dirty panel of glass through the machine.

 

This is all true enough but it happens often that the washers get contaminated and nothing is ever said - it is accepted as unavoidable.

 

So, my question is, if my friend is sacked tomorrow - can he appeal? IMO the company cannot prove that the glass he sent through the machine was any dirtier than ones that are often sent through.

 

Any advice please?

[Guest Old_andrew2018]

When will a disciplinary meeting take place,

[ConnyWonny]

It's tomorrow morning so I need advice pretty urgently please!

[Guest Old_andrew2018]

Hi Conny

 

Sorry about that, I think you should click on the red triangle, then leave a message for the site team, with luck they will be able to direct one of the forum member with HR expertise to your post.

Edited July 10, 2008 by old_andrew2007

[ConnyWonny]

Sorry Andrew, what is the red triangle? Please excuse my ignorance!

[OrangePrimate]

Hi Connywonny, if your friend was suspended this morning, they cannot hold a formal disciplinary meeting for 7 days, they have to give him adequate notice to arrange representation etc and lay out the reasons for the meeting and present any statements they intend to use with the formal invite in writing.

if the meeting is the 'investigation' stage they can do that to 'formally' suspend and gather more info/evidence. So would suggest he contact his line manager to clarify what the actual meeting is tomorow, if they say its the formal disciplinary, dont do it!!

[tomterm8]

This http://www.acas.org.uk/CHttpHandler.ashx?id=272&p=0 might be of interest. It will help if you have a copy at the meeting. You are entitled to have a union rep, legal advisor or work collegue with you at the meeting.

 

Have you been properly trained on the machine? were you previously warned? Personally, I would make sure you get a witness to the hearing.

[cal37]

Find out if it a formal disciplinary hearing. If they say it is, did your friend get an invite in writing?

This letter must give him/her, at time and date (giving reasonable notice) and the reasons for the hearing. Also it should state he or she is entitled to be accompanied by a union rep or co worker. If not, then tell your friend to refuse to attend till he has had that letter.

If he did get a letter, he or she will need to put in writing that they wish to meeting to be postponed, so they have time to prepare for it. (They can not refuse to do this).

If it’s only an investigation, then attend, take notes of what is said etc and do not panic, they can not sack you in an investigation hearing but must do as above.

Is your friend in a union? If so tell them to contact their rep ASAP.

Please keep us informed and good luck to your friend.

[Guest Old_andrew2018]

Click on the red triangle the one bottom left of a post, this opens a pop up window were messages could be left for site team

Edited July 11, 2008 by old_andrew2007

[ConnyWonny]

Cheers for all the advice and comments so far.

 

Just to provide an update:

 

It was an Investigation Meeting and my mate attended. The outcome is that he is still suspended and has been advised that he will be contacted by phone today and informed of the companies next move.

[cal37]

Make sure that he insists that any outcome be put in writing not only over the phone.

[ConnyWonny]

Hi,

 

A further update.

 

My mate was called back on Friday and told to return to work as normal this Sunday evening (nightshift). However, he was also informed, by phone, that he is to attend a disciplinary meeting on Tuesday afternoon.

 

It looks like his job is safe but this is going to go on his record.

 

Should he attend this meeting? Any further advice?

 

Thanks everyone.

[tomterm8]

He should make sure he attends, with a colleague and/or union rep as a witness. I would advise that he makes sure he gets a letter detailing exactly what the allegations are, before the hearing, and asks for a copy of the company disciplinary procedure.

Edited July 13, 2008 by tomterm8

[ConnyWonny]

Hi,

 

My friends disciplinary meeting is at 2.30 this afternoon. He has been back to work this week (nights) and it looks like the likely outcome is now a warning. As he doesn't think he has done anything wrong, should he accept this?

 

Also, are the company in breach of disciplinary guidelines as he has recieved no written confirmation of the allegations against him throughout this whole saga?

 

Cheers for all your input.

[cal37]

My friends disciplinary meeting is at 2.30 this afternoon. He has been back to work this week (nights) and it looks like the likely outcome is now a warning. As he doesn't think he has done anything wrong, should he accept this?

 

Yes he can do and then appeal if he feels so strong about it. He should make sure it’s put in the minutes that he does not feel he’s done wrong. The appeal needs to be put in writing and i would have the letter of appeal ready to hand in at the end of the hearing.

 

Also, are the company in breach of disciplinary guidelines as he has recieved no written confirmation of the allegations against him throughout this whole saga?

 

 

Yes they are and he should mention this right at the start of the meeting, make sure it’s recorded in the minutes and he gets a copy of them.

Cheers for all your input.