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Disciplinary Hearing Next Week - please help!!


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Out of interest the appeal is not being heard by the same boss that held the disciplinary is it??

 

 

Yes... he is the owner, i thought it odd that it said to be chaired by him too, like implying there would be others present: or u are saying that he's not allowed to? That would be great!!!!!!!!!

 

xxx

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Ahhh it seems that they can be the same but they should act "impartially" - it does say ideally it should be a different person.

 

Ideally the person hearing the appeal shouldn't be the same person that heard the initial hearing, eg a more senior manager who has not been involved with the disciplinary process at all. They will be able to hear any appeal without having any assumptions.

However, where the person hearing the appeal is the same person who heard the first hearing, they should act impartially and make sure they review the original decision carefully.

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Ahhh it seems that they can be the same but they should act "impartially" - it does say ideally it should be a different person.

 

Ideally the person hearing the appeal shouldn't be the same person that heard the initial hearing, eg a more senior manager who has not been involved with the disciplinary process at all. They will be able to hear any appeal without having any assumptions.

However, where the person hearing the appeal is the same person who heard the first hearing, they should act impartially and make sure they review the original decision carefully.

 

 

Hmmmm, not sure he would be impartial at all, I mean, he is the one who has orchestrated this whole thing, he could have just let my OH work his notice or paid what he'd owed and let it be but now we have all this, not to mention future problems with jobs and references its so unnecessary, but I cant see "the boss" backing down either, it would be alot of face to lose....

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Yep I agree - but if he doesn't seem to be being impartial it will all work in your hubbys favour.

 

What I would advise is if he is not taking a collegue as a witness to take a dicterphone and record it - I believe you have to ask permission for that to happen but if the boss says no it would indicate there maybe some reason behind it................

 

I would also advise your hubby asks for a copy of handwritten notes that are taken in any of the hearings - it's always interesting to see what has been written down before they are "sanatised" when typed up.

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Yep I agree - but if he doesn't seem to be being impartial it will all work in your hubbys favour.

 

What I would advise is if he is not taking a collegue as a witness to take a dicterphone and record it - I believe you have to ask permission for that to happen but if the boss says no it would indicate there maybe some reason behind it................

 

I would also advise your hubby asks for a copy of handwritten notes that are taken in any of the hearings - it's always interesting to see what has been written down before they are "sanatised" when typed up.

 

 

Yes good point on the notes request, i'll make sure he does.

I'm not happy about him going alone but if he has to i suppose a dictaphone is the next best thing, should we put the request for this in an email back to him?

x

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I would just turn up with one and say " I assume you have no issues with me recording this as I am unable to bring a collegue or rep and would struggle to note take and give the hearing my full attention at the same time"

 

Make it casual.

 

The reason I say about the hand written notes is I have seen an instance where something was missing from the typed notes so they made a request for the hand written copy and in the margin were some inappropriate comments made by the note taker - who was a supervisor of the company!

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I would just turn up with one and say " I assume you have no issues with me recording this as I am unable to bring a collegue or rep and would struggle to note take and give the hearing my full attention at the same time"

 

Make it casual.

 

The reason I say about the hand written notes is I have seen an instance where something was missing from the typed notes so they made a request for the hand written copy and in the margin were some inappropriate comments made by the note taker - who was a supervisor of the company!

 

 

Oh i see, i could imagine there would be a few interesting things to read in notes... ive read on other posts on here about a subject access request, could we do one of them? x

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Unfortunately, I don't think that he would be allowed to take along someone who wasn't either a work colleague or a union rep. unless his boss OK'd it in advance of the meeting and it seems unlikely that this employer would agree to such a request. However, as the latest response says that the appeal will be chaired by himself, it's possible that someone else will be present on the employer's side.

 

 

Was there someone taking notes at the disciplinary meeting? If not, his boss could claim that there are no notes but that his dismissal letter summarised what took place.

 

In view of how this employer has conducted himself so far, it might be an idea to covertly record the appeal hearing and decide later on whether or not it would be appropriate to use the recording.

 

Have a look at the link below, it was posted by someone else on another thread on here a while ago.

 

Covert recordings of Disciplinary Meetings with an Employer | Lawyer Help Covert recordings of Disciplinary Meetings with an Employer school, dogherty , disciplinary, tribunal, covert hearings recordings , panel deliberations, employment, appeal , he

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This is a high risk strategy. This is only what I would do. The boss is using

H & S issues in the main to reduce your husbands period of notice. It's amazing how these H & S issues have come to light at the end of his employment period and not before. I would get your husband to ask the boss where the local Health and Executive Office is, that should get the

boss thinking. Your husband has proof in the letters he's received.

Not a nice way to get things sorted, but the last thing the boss would want is dealing with the Health and Saftey Executive, as they can dish out fines.

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Ooh! While we're on the subject of H & S, by any chance did the kitchen's Health & Safety rep. ever use the 'metal implement' himself?

 

 

Yes he did, and more than my partner, (can I name OH by first name, it'd be so much easier? And on that note, if "boss" ever came across this site I'm not doing anything wrong am I? )

 

X

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This is a high risk strategy. This is only what I would do. The boss is using

H & S issues in the main to reduce your husbands period of notice. It's amazing how these H & S issues have come to light at the end of his employment period and not before. I would get your husband to ask the boss where the local Health and Executive Office is, that should get the

boss thinking. Your husband has proof in the letters he's received.

Not a nice way to get things sorted, but the last thing the boss would want is dealing with the Health and Saftey Executive, as they can dish out fines.

 

Thats a superb plan... but would it not be like chasing an angry wasp?!

And what if his boss gives him some rubbish offer to settle it, can my OH just refuse ? Or worse, can he revoke the dismissal and make him go back?

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Yes he did, and more than my partner, (can I name OH by first name, it'd be so much easier? And on that note, if "boss" ever came across this site I'm not doing anything wrong am I? )

 

X

 

I wouldn't - my hubby's company found the thread, and although you're not doing anything wrong, I still wouldn't put any names in.

If I have been helpful in any way, please tip my scales :lol:

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Thats a superb plan... but would it not be like chasing an angry wasp?!

And what if his boss gives him some rubbish offer to settle it, can my OH just refuse ? Or worse, can he revoke the dismissal and make him go back?

 

As I said it's a risky strategy, but it is what I would do. The 'boss' has provided the ammunition, he's highlighted the H & S issues. The

H & S usually start by looking at the issues mentioned then do a through

H & S audit. Thats the last thing the 'boss' would want. The 'boss' will

just want shot of your husband. So your Husband should get what he is

entitled to, but it might be an idea to tag a written reference to the list

of wants, stop him being spiteful in the future. All your husband needs to do ask the boss where the H & S Executive office is? and when the 'boss'

asks why? he just says 'I want to take the documentation to the

H & S Executive', should get the 'bosses' attention.

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Hmmm I see what you are saying rebel11, maybe use that a back up after his appeal. I think boss is playing a good game of poker.... and will probably listen to OH's points, (as articulated by the brilliant MarieFab)then uphold the dismissal anyway.

 

Do you know what would happen in the case of him putting an offer to OH - is he within his rights to refuse it, i am angry with this boss and really want to teach him a lesson deserved. I think of all the times OH has been callled in to work on nights off and special occasions he's missed because of work - let alone all the carrot on a stick promises he's dished out to him along the years.... then this really is the salt in my wound.... OH has had panic attacks the past week and he has psoriasis that has got so much worse, 80& of hs body is red raw and flaking and the stress in the household is unfair.

 

 

x

 

Thanks for all your advice. Sorry to rant a bit....

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It's up to your husband what he settles for, so he is within his rights. From how you've described your husband, he's easy going, helps out in

a crisis, mild and meek if you like. The 'boss' is thinking he can take advantage of your husbands demeanour.

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It's up to your husband what he settles for, so he is within his rights. From how you've described your husband, he's easy going, helps out in

a crisis, mild and meek if you like. The 'boss' is thinking he can take advantage of your husbands demeanour.

 

 

Yes, absolutely. A genuine gentle giant.

I know his boss was expecting him to sign the letter when he called him in that monday and expected him to sign and just be relieved to be out of there. But i went absolutely mental when he came home sunday and said boss wanted to see him the next day, I told him he had better not bend over and take it... I knew he was entitled to his notice, and i just knew it was going to be a bad meeting... not only because the new chefs had started early and it rang alarm bells, but also because of his previous reputation with staff. I have been told by former staff members that he sacks chambermaids to cheer himself up, he once sacked a waitress for serving customers in the restaurant before serving him... what a jolly nice bloke eh?

But seriously, my boyf is a nice bloke, i know i would say that but he really is the meekest, mildest, kindest person i know, some would say the easiest target for the likes of Boss, luckily, me and my OH are like chalk and cheese and i have the fire !

 

x

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Clearly your lucky to have each other.Tell him not to stress over it, thats exactly what the 'boss' wants. As you said he gets his kicks from bullying

others.

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Clearly your lucky to have each other.Tell him not to stress over it, thats exactly what the 'boss' wants. As you said he gets his kicks from bullying

others.

 

 

Thanks, you're absolutely right. I try to remember other people have bigger problems and try not to worry, but it's easier said then done... i'm a born worrier anyway so i spose its only one more thing to worry about ;)

 

Thanks for your advice, I think I'll wait for MarieFab and use your "secret weapon" when/if we need it :) x

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