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Disiplinary hearing


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My son along with 3 others have been suspended from work as a result of the loss of some money. They all have individual disiplinary hearings tomorrow. My son has today received copies of all the investigatory notes that were taken from the other employees involved and we assume they have all received copies.

 

My question is: is this correct proceedure

 

Thanks for your help

Lloyds TSB won £4154.59

Nat West settled £810

Mint settled £383.47

Lloyds TSB (mrsDJ59) won £3751.09

Barclaycard settled £1079.77

Capital One settled £257.85

Citicards won £2033.80:p

Capital One settled £986.65

 

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Hello there.

 

Yes, I think the procedure probably is right. The company should have procedures set out and should be able to let your son have a copy if he doesn't already have one.

 

You can see guidelines for disc procedures on the ACAS website.

 

Can we help on how to deal with the meeting, I assume he's going? And does he agree with the notes?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Yes he is going to the meeting, he agrees with the notes taken at his investigation meeting I just thought it strange that each individual has received copies of each others investigation notes.

Lloyds TSB won £4154.59

Nat West settled £810

Mint settled £383.47

Lloyds TSB (mrsDJ59) won £3751.09

Barclaycard settled £1079.77

Capital One settled £257.85

Citicards won £2033.80:p

Capital One settled £986.65

 

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Hi,

 

This is good practice... and normal procedure!

---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

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Honeybee

 

Any advice on how to deal with the meeting would be appreciated

 

Thanks

Lloyds TSB won £4154.59

Nat West settled £810

Mint settled £383.47

Lloyds TSB (mrsDJ59) won £3751.09

Barclaycard settled £1079.77

Capital One settled £257.85

Citicards won £2033.80:p

Capital One settled £986.65

 

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Honeybee

 

Any advice on how to deal with the meeting would be appreciated

 

Thanks

 

Can you tell us a bit more about what happened please? Do you think your son is implicated?

 

And has there been an investigatory meeting?

 

HB

Illegitimi non carborundum

 

 

 

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Hi there

 

Your best bet would be to refer to the ACAS Code of Practice and/or the company's internal disciplinary procedure to see whether a fair procedure has been followed. Your son should have been provided with a copy of this prior to disciplinary action being commenced (as I presume he has over 12 months' service - if not, none of my advice applies).

 

In a nutshell, your son has the right to be accompanied to any formal disciplinary hearing by a work colleague or TU rep. He has the right to see any allegations against him in anticipation of the disciplinary hearing, and he should be told what the potential outcome could be (i.e. dismissal). He has the right of appeal to an impartial person against his dismissal.

 

The unfortunate thing for your son is that he can be fairly dismissed here even if he has done nothing wrong. Providing the company have a reasonable belief in his guilt, conduct a reasonable investigation, and have reasonable grounds for forming the belief that he is guilty (whilst imposing a reasonable sanction which is within the band of reasonable responses open to a reasonable employer, which dismissal is likely to be), it is likley that the dismissal would be a fair one. This means that they could potentially fairly dismiss all four employees, providing they meet the strict criteria outlined above.

 

If your son has reason to believe that it was one of the four other employees, he should bring this up during the hearing and request the opportunity to cross examine them as a witness during the hearing. Hopefully, that may be enough to get him off the hook.

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