ACAS violations?

[User 100]

Hi All,

 

Just a quick question.

 

My partner recently went through a disciplinary at work. (Large retailer)

During the process, my partner was not allowed to see any of the evidence at any point.

 

Partner is a union member and the rep said that he could view witness statements, interview notes, etc, but that he could not reveal anything to my partner.

 

Consequently, at the final disciplinary hearing, my partner just had selected "snippets" read out by the store manager and asked to comment on them.

There was no indication how many statements there were, or whether evidence from all statements was used.

 

Partner was not dismissed thankfully, but it appears that this is company policy, as other colleagues have experienced exactly the same thing.

 

After reading up on ACAS, there were a number of other questionable things going on during the investigation/disciplinary process, but this seems to me to be a biggie.

 

Just how big is it?

 

Thanks.

[Sidewinder]

Your partner should certainly have been given access to the evidence against him prior to any disciplinary hearing. This would be grounds to appeal any sanction, but would it have made a difference? The employer could re-hear the disciplinary - or provide the evidence prior to an appeal hearing to remedy the failure, but could still arrive at the same outcome.

 

Has your partner read the company's disciplinary procedures? This would deal with the question of whether it is 'policy' or not, and I would be very surprised if it was official. It would though depend to a degree on the precise nature of the 'evidence'.

 

There is no 'legal' right to see the evidence, merely that it should be provided as part of a 'fair' procedure, but if a dismissal were to result then a Tribunal could take this into account and increase any award were the dismissal found to be unfair - and a failure to provide evidence would most likely render the procedure unfair in principal anyway.