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Disciplinary meeting - what evidence can I ask for?

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Hi,

 

I have a disciplinary meeting coming up for not abiding to a particular policy. However I have witnessed many people (in the presence of managers etc) do the same. There has been no meetings to say they will be cracking down etc

 

Basically my employer and I had a disagreement over one thing, suddenly I'm being investigated for a couple of things, and straight to a disciplinary for others.

 

So I wondered if I can ask for my disciplinary meeting how many other staff have been disciplined for the same reasons? Would that be appropriate? It does feel like they are looking for things to have a go at me with.

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You can ask. But I doubt that they will answer ("none of your business") and it won't help you anyway because what happens or doesn't happen to someone else has no relevance to whether or not YOU followed the policy or not.

 

Of course they are looking for things to "have a go at you with". There are always consequences for falling out with the employer. The problem is that unless you are purer than the driven snow, they will always find reasons. As you are discovering, the only defence to breaking rules in employment is that you didn't - "I did but I have a good excuse" is not a strong defence, and it's a defence that an employment tribunal won't be in the slightest bit interested in.

 

What is more concerning here is that they are investigating you "for a couple of things, and straight to a disciplinary for others". That indicates to me that they are not "having a go" at you. They have every intention of dismissing you and doing so fairly in law. What exactly did you have a disagreement over? And I presume you have two years service with this employer?

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Hi,

 

I have a disciplinary meeting coming up for not abiding to a particular policy. However I have witnessed many people (in the presence of managers etc) do the same. There has been no meetings to say they will be cracking down etc

 

Basically my employer and I had a disagreement over one thing, suddenly I'm being investigated for a couple of things, and straight to a disciplinary for others.

 

So I wondered if I can ask for my disciplinary meeting how many other staff have been disciplined for the same reasons? Would that be appropriate? It does feel like they are looking for things to have a go at me with.

 

It depends on the exact issue, as it might not be black/white.

 

You need to question why the particular policy is not being followed first. Is it something that can be proven by stats, call recordings etc ?

 

Concentrate on your own situation. Don't drag other employees into this, unless they directly have anything to do with your issues.

 

If you tried to bring up disciplinary matters relating to other employees, i expect you will be told that for reasons of employee confidentiality they cannot discuss it with you and they must stick to purely your own conduct.

 

These initial disciplinary meetings are fact finds to understand the situation. Before the meeting, unless misconduct is serious so requires urgent attention, they should give you advance notice of the meeting and what issues they wish to discuss. You should get hold of all paperwork that is relevant. If the policy is not being followed by others and there is anything on record by a manager where they are allowing deviation from the policy, then get hold of it. It needs to be from someone in a management/supervision role, where they are shown to be moving away from a stated company policy. It can't be from your colleagues at the same level, as you might all be doing something that management will say they never authorised.


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also depends on what policy breaches they are looking at. If something like the use of computers during lunch hours for personal reasons then unless a very strict ban the approach will be pragmatic as to what is acceptable and what isnt so questioning why someone else isnt in trouble will do you no favours. If it is a regulatory matter then you raise it elsewhere and in the correct formal manner. Two wrongs dont make a right as the saying goes so stick to your case and tell them that you understand that the policies are there for good reasons and you will be adhering to them properly etc if givent the opportunity. If it is about personal use of company facilities dont challenge theto prove their case, they will and then firm up their approach to things

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I don't disagree with either of the previous two posters, but I do want to re-emphasise one thing that I said that neither has picked up. I am more concerned about the comment indicating that there is more than one disciplinary and other investigations going on. This is not normal. Employers who are p*****d off with someone might slap back - fairly or not. References to multiple cases against one individual only means one thing though, and that isn't a slap back. That is a dismissal. It only requires, normally, some thing like three VERY MINOR things to get fairly dismissed. First warning, final warning, dismissal. The final curtain does not have to be about anything serious if there are the required number of other warnings already on the record.

 

Context is therefore pretty important here.

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