Disciplinary hearing

[crissyb123]

Hi new here!

 

Would appreciate some advice please. My husband was told there was to be an investigation into several areas which his manager had raised about his work and management of his team and his attitude to the manager.

 

The 15 questions were asked by another manager with someone taking notes and he asked a colleague to be present. He had no knowledge of what he had done wrong prior to the investigation. He answered the questions to the best of his ability some of the issues dating back to the beginning of the year which he thought were long sorted out. He has now recieved a letter with a copy of the transcript of just 6 of the situations and a date for a disciplinary hearing giving him only 3 working days to prepare. He is starting to panic so should he just be concentrating on answering again the 6 situations and getting written back up from other staff or raise a grievance against his manager for his handling of the situation?

 

Can he take typed notes into the hearing to suppport his answers? He is not a member of a union.

 

Any suggestions please? many thanks

[elpulpo]

I'm not sure he's got reason to raise a grievance.

He should concentrate on challenging the allegations put forward to be considered at the disciplinary. Make sure that if any other issues are brought up that he challenges the fact that they weren't stated beforehand.

Yes, he can get written back up from other staff, just be sure that he doesn't do anything that could be seen as pressuring them to support him. It's funny how in these situations everybody else suddenly doesn't want to be involved ;-(

If they've stated explicitly in their invitation to disciplinary what the allegation are, it's a good idea to prepare a written statement in response, then simply present that to them and say as little as possible. Try and avoid letting them turn the disciplinary into a cross-examination.

[papasmurf1cx]

I would write to the employer stating that 3 working days to prepare for something that he has not even been informed was a problem. he should ask for X days to enable him to prepare a defence to these allegations. I would rase the fact that the initial investigation (and the unfairness of it... specify) and the letter he received made no mention of the 9 other matters and as a transcript was made of the entire proceedings could he have the other missing pages or if they do not exist how can he be certain that the disclosed transcript has not been edited unfairly. Place as much doubt on it as is possible.

 

For the next stage I would suggest that he is armed with a digital recorder and record all the conversation. Later he should make a transcript of the recording as he can use this in any ET proceedings and as it will be verbatim it will be trusted as a true record. It seems to me from what you have said already that they are out to get him. The employer normally has some sort of outcome in mind from the outset and will not be swayed. Your husband needs to place as many obstacles in their way so he has a fighting chance later.

 

Have you legal expenses cover? Normally in the home contents insurance. If not maybe worth getting covered asap, although there may be a lead in period before being able to claim. They normally cover employment problems.

 

Are these time limits as per company policies?

[elpulpo]

Just another thing, you say that some of the issues date back to the beginning of the year, have management been aware of these issues, yet have only now decided to take action?

If so, he could well have the argument that they're 'timed out', that if management were aware yet took no action, it's too late to now bring him to task.

[crissyb123]

Thankyou for you advice papasmurf1 you have given us something to think about. As far as we can work out there are no time limits given in hubbies contract. For the investigation he was given a letter by his manager on the Monday and told he had to meet another manager on the Thursady to answer some questions. 8 days later and he has received the letter for the hearing.

[crissyb123]

Thanks elpulpo. They have set out in this letter 6 situations, which he has already explained in the investigation meeting and has to explain again at the disiplinary hearing.

[Bridgemaster]

OK here goes,

I am the OH referred to by crissyb123,

The grievance referred to is that since this manager arrived I feel I have been able to do nothing right for doing wrong, to an extent that I feel I have been bullied and harassed at every twist and turn, many instances are/were trivial in essence but over a time grind you down, there have been so many that I can only remember a couple of major incidents, I will only relate one to save boring everyone,

A couple of months ago one of my team finished his shift, changed out of uniform and upped and left, telling a colleague, he would not be back and left the uniform and a letter addressed to me with it, I was phoned on my day off by the manager and after about 15 minutes of going around the houses and idle chat, asked me if I knew that this person had left, I explained that as the shift had finished 2 hours ago he should have by now, I was then put in the picture and asked about 10 times if I had any prior knowledge it would occur, which I continually denied, I was then told in no uncertain tones that I should collect the letter and take it to my manager forthwith.

 

This person does not ask questions , but “demands explanations”

 

Thought I would throw this in as an after thought will be interested in replies

 

One of the allegations against me is that on one occasion I was asked/told that a certain task required completing by me, only an hour before I was due to finish work, (this was the first time I was made aware of the task). for three and a half hours I attempted to log on to the only computer that I could use to complete the task but it was in constant use by other persons, when it eventually became free I had already been at work for over 11.5 hrs, to stay and complete the task would have required me to be at work for between 14.5 and 16 hrs.

So I delegated the task to another individual who unfortunately made a few mistakes,

A “conversation” was held between my manager And I the following week, when I gave my full explanation and apologies and thought the matter dealt with, but this apparently is now an issue and appears to prove my bad attitude towards him.

 

is there a maximum hours per shift you can be expected to work, I am contracted to 7.5 hrs with a 1/2 hour unpaid break any 5 over 7 24/7 though I regularly work between 50-55 hrs per week.

 

I feel like a duck on water, gliding easily on top, but paddling like hell below the surface.

 

Any further advice gratefully received.

Edited August 22, 2010 by Bridgemaster
after thought

[papasmurf1cx]

Hi Bridgemaster.............. sorry to hear you are being bullied at work and bullied you certainly are being. Have a look at this site and you will see the various methods that bullies use. http://www.bullyonline.org/workbully/bully.htm.

 

The fact that you don't remember them tells me that the attitude of the manager is such that the atmosphere must be awful there. These type of people use others that they see as less able to defend themselves as their targets. I bet he has "favourites" too and I wouldn't be surprised if these favourites are set for promotion into spots that are created from those that leave because they can't stand anymore.

 

What I would advise is that whatever the outcome of hearing that you should start to make notes of the incidents that will eventually form a pattern for you to use in evidence. Have a good look at your company's policy regarding Bullying in the Workplace you may at some time need that. Unfortunately now that you are a target you will find it difficult to extricate yourself from his clutches and his bosses will also just rubber stamp the bully's decisions. They normally act true to form.

 

So dig in on the evidence front until the time when you are unlikely to survive and then hit the company with the lot. Perhaps they will then see what kind of person they have. The only other bright spot is that through his bullying the company will lose good workers and will be unable to keep new recruits.

 

What industry are you in?Any chance of getting out to another company (I know it is difficult out there just now)? It may be that you would be better off out in any case, bullying can really be corrosive and affect your mental and physical health my wife and I have just fought a 3 year bullying and discrimination case against a NHS Trust.

[djh1697]

I'll make a bold suggestion, join a union, a lot of unions are there to make sure that management do there job correctly and will not challenge "protocol" I joined a union called "Solidarity", a lot of it's reps are from the National Liberal Party, however, they did a great job at representing me. Indeed if it was not for them I would have been sacked!