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I am a newly elected union chairman at work and it is a learning process for me as well as challenging.Ther eis one issue which I cannot answer as I do not know the answer.Basically,a colleague at work said that all the disciplinary hearings at work are illegal because the minutes should be taken by someone independant, rather than the person conducting the hearing.Is this correct, and if so, is there any legislation on this issue?.Many thanks

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There is no legislation covering how to conduct a disciplinary hearing, just a suggested code of practice (ACAS), provided the minutes are a true account of the meeting and are agreed by both parties afterwards then it should be OK.


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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No - nothing illegal there. Minutes of hearings only need to be agreed between the parties before each signs them as a true record - and even then (as Ell-Enn) says this is merely good practice in order to prevent challenges to the evidence later.

 

It is also useful for somebody unconnected to take notes as this can allow the meeting to flow more freely and it can help to remove any emotive inferences from the way that the minutes are written. I have done it both ways - both as the manager conducting the hearing and making notes and as the person making notes for another manager and it is definitely easier for somebody else to do it!


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Many thanks for the replies. I couldn't find any legislation on Direct.gov.uk, so that is why I asked.

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Managers often take the minutes themselves, in more serious cases they may get someone else. The important thing is to put in amendments where 'the member' (not you, even if you 'assist' in drafting the amendments) disagrees with the notes. It's the member who signs off the notes of the meeting. If there's something you want recorded word for word, say so (and have it written down beforehand). The notes of the meeting are very important when it comes to appeals and Employment Tribunals.

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