Disciplinary hearing, appeal and grievance procedure

[895xlduo]

Hi, I am currently going through a disciplinary process at work. So far I have had the disciplinary hearing, appealed against the sanction and am waiting for the result of my appeal (the person who is handling my appeal has gone on holiday for 2 weeks so it is taking an unnaceptably long time). I am going to have to resign as it is a small business I work for (5 people) and it is the owner of the business who has taken a dislike to me and over the last couple of months has built up numerous petty 'incidents' which have been presented to me in a formal disciplinary hearing (she could not prove any of them). The other members of staff have all been 'got to' by her, and consequently can no longer even say hello to me when I go into the office. I have been off sick for the last 8 weeks with stress brought on by all of this and feel it is impossible for me to return to work. So, even though I have been through the process and appealed I have been told I need to raise a grievance. Do I do this before I resign or incorporate it into my resignation letter? I am hoping to eventually take this to an employment tribunal.

[elpulpo]

OK. A few questions-

 

How long have you worked there?

 

What exactly were you accused of?

 

Who was accusing you of this, and who dealt with the disciplinary?

 

When did these alleged incidents occur, and how soon afterwards did your employer take disciplinary action?

 

Did your employer give you prior written notice of the disciplinary, along with all evidence they intended to rely on?

 

Did they allow you a representative?

 

Was the disciplinary matter dealt with whilst you were already on the sick with stress?

 

Have your colleagues been instructed to behave towards you as they are?

 

Sorry to have to ask so many questions, but if we can build up a picture of exactly what's happened, then we can set about helping you.

It sounds like you're being treated very badly.

 

One bit of advice I'd give straight away is- Don't resign. You'll struggle to sort this out if you don't exhaust all avenues first.

[895xlduo]

I have been there for 20 months. Amongst the list of accusations were: I have apparently been 'sharp' to a few patients, I refused to take a message regarding a personal dental appointment, I refused to order flowers for someone who was off sick, and an absolute classic, it has been mentioned to my boss by a few patients that I don't seem to be happy. All the things I have been accused of have been saved up and presented to me in a disciplinary hearing. I was completely shocked as Ihad no idea. She refused to tell me who the patients were so I could not even defend myself, and as far as being perceived to be unhappy is concerned, I'm sure this doesn't warrant a first written warning! I was not told at the time that any of the incidents occurred, which leads me to believe they didn't actually happen. There was no investigatory meeting we just went straight to the disciplinary. The allegations are so trivial and frivolous that I am 100% sure they are not true and this is now a personal issue. I was covered by a sick note apart from the day of the disciplinary hearing as I had left time in between notes as I knew they would not be able to hold the hearing otherwise. I'm not sure whether my colleagues have been told to be like this with me - all I know is that when I bumped into 2 of them when I went in last week, they were very embarrassed and could barely speak. The same two people were named in the disciplinary hearing as telling my boss that I had undermined her by saying to them I was finding her difficult to work with. Thanks for your help. I really feel I have done nothing wrong. Surely people who receive notices of disciplinary action expect it - it was totally out of the blue for me.

[895xlduo]

One more thing which I forgot to mention, I was told by boss that I could take a colleague into the meeting with me, but as she had told me that a couple of my colleagues had spoken to her about me I didn't know who to ask. She then told me I could take one of the secretaries in, and which one it would be! She even took that option away from me by naming who it would be!

[elpulpo]

So, no evidence was presented to you of these allegations? Dates when they occured?

They can't store accusations up over a period of time, then plonk them in front of you all in one go - they have a responsibility to address issues promptly.

Did they insist that you attend this disciplinary when you did? If you were signed off sick, they should not have dealt with the issue until you were well enough to return.

Your boss, she's the owner? Practice manager? I presume this is a dental practice.

Were you presented with notice of the hearing, and what the allegations were?

[willy2006]

It Happened to me once and i was a union rep,the case went on and on and on and eventually was swept under the carpet.I was in tears with the accusations at the time but the first thing i did was go on sick with stress your doctor will support this,this gives you time to think make sure EVERYTHING is in writing and get some help through a solicitor or union.Nobody need know or do you need to tell anyone you are in the union,but you cant go back to work under this cloud dont give up good luck!!

[895xlduo]

No evidence was given during the hearing - no dates, times, what was said. The original hearing was cancelled by my boss as she felt it would not be appropriate to hold the hearing whilst I was off sick. The original date for the hearing was when my sick note had expired, so she did not know that I would not be returning. I only work two days a week and the original hearing was scheduled for the Thursday before I was due in to work on the Friday.

My boss is the owner of the clinic. I don't want to give too much detail in case she happens to read this.

The process has now dragged on since 10th November 2009 and despite my pleas for her to get it sorted as quickly as possible she is being very unfair. As I mentioned previously the member of staff dealing with the appeal hearing which was on Thursday 7th January went on holiday the following day and is not due back until 25th. She knew he would be away and had the opportunity to give it to someone else but didn't. This sums up the casual way she is treating this. It is having a dreadful effect on my health and pocket!

[895xlduo]

Hi. Thanks to everyone for your help yesterday. My doctor is willing to continue with my sick notes, but I need to move on with this. Do I need to submit a grievance?

[elpulpo]

Yes. Note down all the things that have gone wrong, then write a letter.

Give a broad explanation of what you wish to discuss, but don't go into too much detail. That way you can put them on the spot at the hearing.

[895xlduo]

Sorry if I sound a bit dim, but isn't this all back to front. Doesn't a grievance come before the hearing? I couldn't lodge a grievance at the start of all this because I didn't have any problems. My boss was the one with the issues. Should the grievance letter therefore contain my thoughts about the treatment I am receiving at work as a result of the action, the way the disciplinary hearing and appeal have been handled and the bad atmosphere which has made my position untenable.

I would like to thank you again for all your help - I was on the verge of calling it quits and walking away, but you are inspiring me to take this all the way now.

[elpulpo]

Yes, you're expressing a grievance about how this woman has behaved towards you with regards to the weak accusations, extremely poor procedure etc.

Sorry, I didn't explain what I meant in post #9.

What I suggest when people put in appeal/grievance letters is to not go into too much detail.

Just be vague about exactly what your grievance is.

So just put, for example -

-concerns about accusations made against me.

-procedural inadequacies.

 

But don't go into any more detail. That way, when you get to the grievance hearing, you can present a statement prepared with your specific argument, and you put them on the spot.

If you were to put your whole argument to them in advance, they will be prepared, and in a better position to fob you off.

[895xlduo]

OK. Just one more question - do I need to wait for the result of my appeal or can I do it straight away? I don't think she will change the sanction.

[elpulpo]

What did you say at your appeal?

[895xlduo]

I told them that the clinics disciplinary procedure had not been adhered to in that any shortcomings should have been addressed straight away and they were not - they were lumped together. The documentation I received prior to the meeting was totally inadequate and they failed to supply sufficient information to enable me to defend myself. The disciplinary meeting itself was too informal, she did not follow guidelines (when I sat down in the room she just looked at me and said "well". I should have said "yes thanks" but I had to tell her that this was not what she was supposed to be doing and that she had to put each allegation to me and allow me to respond. It was a joke). I also told her that she had failed in her duty of care towards me both at work and since I have been off sick with stress caused by her behaviour.

What is almost laughable, and also included in my appeal letter, is that she told me that she would like to think I could talk to her if I have any issues at work. Shame she could not have done the same for me.

[elpulpo]

I think you should wait for the outcome of the appeal first. You never know.

Someone else is considering this, not her?

 

I must say, she sounds like a classic Alan Partridge character to me.

It was noticable that you were pulled up for merely commenting to colleagues that you found her difficult to work with. She's obviously got deep seated low self esteem.

[895xlduo]

LOL. Thanks. I will keep you posted on the outcome.

[elpulpo]

Although the length of time coming up with an outcome to the appeal will be part of the grievance.