facing disciplinary hearing

[angelina58]

Hi everyone, im new here and wondered if someone could help me urgently. I am facing a disciplinary hearing soon for gross misconduct. I wholly refute the allegations. I have received copies of the evidence to be used at the hearing. It consists of 5 witness testimonies from other staff members that allegedly witnessed my gross misconduct, 2 from worker a, 2 from worker b and 1 from worker c. However, the statement from worker c bears no relevence to the allegations made against me, it is an entirely seperate issue. worker c was asked none of the same questions as worker b or worker a. If worker c had been asked the same questions as a and b im sure they would of defended my version of events.

 

My question is, can workers c statement be used in the disciplinary hearing as it bears no relevance to what i have been accussed of?

 

There was another member of staff (worker d) present who would probably support my version of events, and they havent even interviewed them. I get the impression that the investigation meeting was just an excuse to gather evidence against me to find me guilty.

 

Sorry if what i have put is a little hard to read, i am very worried right now. I have been in touch with acas.

 

thanks

 

Ang

[Blueboy666]

Hello and welcome.

Firsty thy have the right to use anything they like, however if the statement offered by colleague c bears no relevance, then let them use it, may i ask if you have arranged representation, are you a member of a trade union?

[stu007]

Hi

 

Also remember you can request before the hearing that witnesses a, b, c are available for the hearing as you may wish to ask questions of their witness statements but you do need to request this before the hearing.

 

Also is it possible to give us some more information to go on to best advise you i.e a brief history of the events leading up to gross misconduct allegation.

 

How long you have been employed with present employer.

[angelina58]

hi sorry i am not a member of a trade union although i have arranged representation.

[angelina58]

i am unable to give more details due to nature of the case.

[stu007]

Hi

 

Have a look at the ACAS website it will be of help to you here is the link: www.acas.org.uk

 

You can also call them for advice.

[lbruk]

Hi,

 

Well, the investigatory interview is for them to present their evidence, the disciplinary you can present your defence. Can you get employee to write a statement in support of your position?

 

They can present any evidence they like, whether relevant or not. You can just try to discredit that evidence with yours.

[postggj]

hi sorry i am not a member of a trade union although i have arranged representation.

 

 

may i ask who you have to represent you if not a trade union official

 

without a rep, a companion has little rights in a disciplinary procedure

 

There is no legal provision which grants the right for the employee to be accompanied at a disciplinary hearing by a legal representative, and normally your employer would not allow you to take along a solicitor.

[becky2585]

may i ask who you have to represent you if not a trade union official

 

without a rep, a companion has little rights in a disciplinary procedure

 

There is no legal provision which grants the right for the employee to be accompanied at a disciplinary hearing by a legal representative, and normally your employer would not allow you to take along a solicitor.

 

I would presume the OP is referring to a colleague, and not a solicitor. A TU rep has no more rights during a disciplinary than a work colleague as a representative.

[postggj]

i beg to differ with the greatest respect

 

a collegue is usually not permitted to ask questions etc at a disciplinary meeting, their only function is to take notes etc (hold hand approach)

 

is a collegue entitled to ask questions on behalf of the collegue at a disciplinary meeting, not normally, except with the permission of the employer

 

if an employer has trade union representation, the rep has rights under the trade union and labour relations consolidation act and the disciplinary meeting with a rep will be subject to the companies own industrial relations frame work

 

the consensus of a non union collegue going in to support a collegue at a disciplinary procedure is seen but not heard

 

but it does depend on the companies own disciplinary procedure and contract of employment

Edited June 28, 2012 by squaddie

[postggj]

the legislation for the right to accompany a collegue is contained within section 10 of the employment relations act 1999

 

This companion may address the hearing and confer with the worker during the hearing. The companion

 

may put and sum up the worker’s case and may respond on the worker’s behalf to any view expressed at

 

the hearing, but s/he may not answer questions on behalf of the worker.

A TRADE UNION REP HAS THIS AUTHORITY TO ASK QUESTIONS TO MITIGATE THE PROCEDURE

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[lbruk]

A witness is a witness, they have the rights to take notes and ask questions. Whether a trade union rep or from the next desk.

 

Tu reps possibly have the advantage of experience. That's all.

[postggj]

37Role of companion at disciplinary or grievance hearing

 

 

(1)For subsection (2) of section 10 of the Employment Relations Act 1999 (c. 26) duty of employers to permit workers to be accompanied at disciplinary and grievance hearings) substitute—

 

“(2A)Where this section applies, the employer must permit the worker to be accompanied at the hearing by one companion who—

 

(a)is chosen by the worker; and

 

(b)is within subsection (3).

 

(2B)The employer must permit the worker’s companion to—

 

(a)address the hearing in order to do any or all of the following—

 

(i)put the worker’s case;

 

(ii)sum up that case;

 

(iii)respond on the worker’s behalf to any view expressed at the hearing;

 

(b)confer with the worker during the hearing.

 

(2C)Subsection (2B) does not require the employer to permit the worker’s companion to—

 

(a)answer questions on behalf of the worker;

 

(b)address the hearing if the worker indicates at it that he does not wish his companion to do so; or

 

©use the powers conferred by that subsection in a way that prevents the employer from explaining his case or prevents any other person at the hearing from making his contribution to it.”

 

(

Edited June 28, 2012 by squaddie

[lbruk]

I don't understand what you are copying and pasting, it says the same as we have been saying, that the witness cannot answer questions, but can ask them.

[postggj]

the point i am making is a certificated rep can ask as many questions as he/she likes in the defence of a collegue as long as it is relevant to the disciplinary meeting for the business to explain its reasoning

 

but i take your point that a rep would be more experienced and pick up on the smallest error by the employer

[becky2585]

the point i am making is a certificated rep can ask as many questions as he/she likes in the defence of a collegue as long as it is relevant to the disciplinary meeting for the business to explain its reasoning

 

but i take your point that a rep would be more experienced and pick up on the smallest error by the employer

 

Re this and your previous post - not true, I'm afraid.

 

A work colleague has the same right to address the hearing and may put forward the employees case and ask questions. They can take notes but cannot ANSWER on an employees behalf.

 

The TULCRA provisions apply to several elements of the employment relationship, whether unionised or not, incidentally. Take redundancy dismissals, for example.

 

Employee companions have the same rights in disciplinary or grievance matters as TU reps. The only difference is that experienced shop stewards tend to take more of a lead as they are more familiar with disciplinary and grievance hearings.

[postggj]

that i agree on

 

i myself allways take the lead in a disciplinary action, a collegues own mouth is his own worst enemy

[angelina58]

thanks for all of your replies. Im pretty sure my employer is going to dismiss me. If they do I will then be able to provide you with more information.

I have a further question. If an employee is suspended from work pending an investigatory hearing, is it normal practice for the employer to scribble out the employees name off of the rota along with all future shifts? including shifts planned for several weeks after the investigation meeting?

and would it be normal practice to scribble out the employees name and future shifts for the weeks after the disciplinary hearing prior to it occuring? would this be considered that the employer has predicted the outcome of the investigatory meeting and disciplinary hearing prior to them taking actually place?

does anyone have any experience of this?

 

Thanx, still extremely worried

 

Angie

[becky2585]

Well, you are suspended, so I guess that would be their argument... However, I'd take a copy of the rota, if you can...

[angelina58]

but surely they should wait until after the disciplinary hearing to see if id be coming back or delete a week at a time, not delete all of the future shifts?

by deleting name and shifts for dates after the disciplinary (disciplinary not yet taken place) surely this would look like the result (dismissal) of the disciplinary has been guessed at by the employer?

[becky2585]

Possibly, yes. Which is why I said take a copy for future evidence

[lbruk]

Have you got an invite letter from the employer?