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lenny01

Confusing meeting/disciplinary? Advice Please

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Hi Guys, was wondering if anybody can throw some advice my way.

 

Upon finishing my shift today, I went into the office with a colleague to find out what job i had tomorrow, and was told I didn't have a job tomorrow, and to open a letter I was handed (In front of my colleague).

 

The letter states as follows:

 

Dear XXX,

 

ABSENCE MANAGEMENT HEARING

 

Since you have started work at XXX Ltd, you have had a total of 26 days absent from work in the last 12 months.

 

Due to the level of absences that you have incurred, you are required to attend an Absence Management Hearing which has been arranged to take place at XXXX on 03/09/2012 at 10:00am.

You will not be expected to work until this matter is resolved and you will remain on full pay.

The hearing is held under the terms of the Disciplinary policy and procedure and it's purpose is to:

 

- Set out our expectations in regards to what is an acceptable level of attendance.

- Examine the history of your absences in line with the Absence Management Policy.

- Discuss recent informal management actions that have taken place. [NB i have no idea what this is referring to]

- Ascertain if there is any additional support we can offer.

- Discuss any mitigating circumstances that we have not been made aware of.

- Reach a decision that sets a formal outcome and that may set additional attendance targets for your future attendance, based on policy guidelines or some other outcome.

 

You should be aware that this is a formal meeting and due to the significant level of absences, within the first year of your employment, that your employment contract could be terminated, or alternatively you could receive a final written warning.

 

The panel will comprise of PERSON A, who will be chairing the hearing and PERSON B.

 

You are entitled to be accompanied at this meeting by a recognized trade union representative of a union of which you are a member or by a work colleague; these arrangments should be made by you.

 

Should you have any queries in relation to this matter please do not hesitate to contact me on the above number.

 

Yours sincerely

 

PERSON A.

 

I asked if this means that I'm not working tomorrow (as it wasn't really made clear as to whether this was a suspension) and they said yes see you on Wednesday.

 

Now, I have had some time off, namely 2 weeks when i had a health issue and underwent tests for testicular cancer (it wasn't cancer fortunately, however i do need surgery), and when my child was ill. I have also had the odd day off and asked for it to be taken as holiday which was agreed to (I'm sure that is annoying to my employer however if they have agreed to let me take it as holiday then surely they can't record this as an asbsence?)

 

The thing is, work has really dried up and everybody is working shorter hours etc and my friend thinks they are trying to force me out the door for this reason, but having only been with the company just over a year I think they would lay me off or make me redundant if that was the case - it's easier and less messy.

 

I previously worked as an area manager for a company who were very professional and organised and were meticulous in their disciplinary procedures in which i carried out.

 

PERSON A is renowned within our company (of only about 8 employees) of being power hungry, throwing disciplinaries and threatening jobs, and discussing personal issues and disciplinary outcomes with all staff that show an interest.

 

When outside of the building getting ready to get in my car, another colleague, a supervisor who everybody cares very little for, came up (literally less than 5 minutes after I left the office) and said "PERSON A just told me whats going on, that's not very good is it? You're just gonna have to take it on the chin." Now he's a supervisor but he has no part to play in this due process and is not involved at all, and as such surely it shouldn't be discussed with him?

 

I wasn't issued with a copy of the disciplinary process

I wasn't issued with a copy of the absence management process

I wasn't issued with a copy of my absences.

I wasn't issued with any evidence whatsoever - just the letter above.

The 'recent informal management actions that have taken place' line confuses me as i haven't been spoken to, if they have conducted any sort of investigation, surveillance etc then should i not have that too?

The confusing nature of the letter - Is it an absence management hearing - Is it a disciplinary? I always had to conduct an investigatory meeting before scheduling a disciplinary meeting.

Maybe the most standout point for me (this could just be my previous training) is where it is written "your employment contract could be terminated, or alternatively you could receive a final written warning." Does this not point to the fact she is pre-empting the outcome of a disciplinary by only considering these two outcomes? I was always told to NEVER pre-empt the outcome no matter how cut and dry it seems - it's too dangerous for the company.

 

I'm sorry for the rambling nature of this post and the lack of structure to my points or questions but i would be interested in peoples thoughs/advice.

 

Many Thanks,

 

Lenny.

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Just a word of caution.

 

To claim any sort of unfair dismissal etc you need 2 years continual service. In essence unless they commit unlawful discrimination you need to be careful


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thank you SabreSheep,

 

I'm hoping it won't get that far, I'm hoping that I can point out discrepancies in their handling of this issue (if indeed there are any) and make them worry enough to back down somewhat.

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It all looks legit to me!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks Emmzzi, just unprofessional the way they have gone about it then. Should I not be entitled to a copy of any evidence they intend to use, in order to prepare a defence?

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Morally yes you should.

 

However picking holes in how they have managed the case may not help you. You have no recourse to the tribunal so there is no need for them to be "worried"

You need to be more constructive in how you approach this. Hate to say it. Kiss ass and explain your mitigating issues and how much you like the company and how you feel you are an asset to them. This may help towards setting up a difference between dismissal and final written warning


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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I agree with SabreSheep.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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My advice, talk to a union - there's too much here to break down completely, but they will be able to definitely assess this because from first glance, from a neutral's point of view, I would be unhappy. Good luck to you. You have my sympathies - I've been through this, this year and its not pleasant and neither was a brief return to work in which I was treated really poorly, which is why I am trying to sort out my future. Sometimes its just best, if you can, to cut your losses and move on. Its very rarely the job that's stressful, its the people most of the time. You wonder, sometimes, you really do!

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