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AIBU?

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AIBU to think this disciplinary is unfair?

84 replies

GucciTennisShoesRunninFromYourIssues · 04/09/2025 09:45

Hi all,

I'll try to keep this brief and stick to facts while keeping anonymous.
I have been at a company for 12 years. Never had a single bad word against me up until a week ago I was told I would be in an 'informal catch up' the next day due to lateness.
the informal catch up the next day was anything but that. I was told that I was possibly facing a disciplinary. I had no time to prepare, no examples of the lateness until the disciplinary. I got told days and times in the disciplinary but due to not being able to prepare I had no explanation. I did say there would be no unexplained lateness as I've never done that so I knew there's be a reason but as I had no examples of times I wanted to stick to facts.
I have been having IT issues which have been reported and tickets logged but nothing has been done.

I went away, videoed the IT problems which transpire that is causing the log in time to be later than I actually am logging in. I received the minutes back from the meeting and refused to sign them as they missed out crucial parts. For example, me telling them (that they know of) the IT issues that they are already aware of.
since then, I went away and was able to marry up log in times with IT issues on certain days (which they were also aware of) and have video evidence of this as well as internal call listener to, to IT.

I have offered and said I'd like to show my evidence now in the second meeting we had the other day. Not once have they viewed my evidence but are still 'discussing the chance of disciplinary.'
at no point did I receive a warning of this happening. Not once was I offered a witness. Should you be offered a disciplinary in the meetings leading up to the disciplinary?

the whole thing stinks quite frankly. I am looking to leave anyway. There have been many people who have disciplinaries in the last few months.

do I stand anywhere with this? I'm worried sick. I'm a single parent and actively seeking and interviewing for other jobs.

HR and my manager was in the meeting.

I have made them aware of every IT issue every single time. This seems desperately unfair. AIBU?

OP posts:
rwalker · 05/09/2025 13:12

Stompythedinosaur · 05/09/2025 12:32

Yes it's unfair.

Stuff like this is why everyone should be in a union. You can join now and ask for support. A union rep will be able to join any potential disciplinary meetings. But, check your company's policy. Ours allows a colleague to join you in disciplinary meetings if you wish if there isn't union representation - I've done this to support colleagues before. It makes a difference to feel there's someone on your side.

It sounds like you're doing everything you can to record information and report issues stopping your attendance - that is good and keeping a clear log is invaluable. Also remember to raise, if it does go to a disciplinary meeting, that this issue hasn't been addressed with you prior so you were given an opportunity to improve your punctuality. They should have done that.t

I would be sending your line manager proof every single time your IT makes you late to log on, even if this is every morning. I'd also be sending a regular email to say "my IT problems have still not been addressed by the IT team, I'm sharing my concern that this may impact me logging on tomorrow, I will update you how this goes." Basically, head off any possible allegation that you haven't raised this at every turn.

Most unions won’t get involved with existing issues
it’s a bit piss taker to join because u need them

its like insuring your house after its burnt down and trying to claim

Stompythedinosaur · 05/09/2025 12:32

Yes it's unfair.

Stuff like this is why everyone should be in a union. You can join now and ask for support. A union rep will be able to join any potential disciplinary meetings. But, check your company's policy. Ours allows a colleague to join you in disciplinary meetings if you wish if there isn't union representation - I've done this to support colleagues before. It makes a difference to feel there's someone on your side.

It sounds like you're doing everything you can to record information and report issues stopping your attendance - that is good and keeping a clear log is invaluable. Also remember to raise, if it does go to a disciplinary meeting, that this issue hasn't been addressed with you prior so you were given an opportunity to improve your punctuality. They should have done that.t

I would be sending your line manager proof every single time your IT makes you late to log on, even if this is every morning. I'd also be sending a regular email to say "my IT problems have still not been addressed by the IT team, I'm sharing my concern that this may impact me logging on tomorrow, I will update you how this goes." Basically, head off any possible allegation that you haven't raised this at every turn.

EBearhug · 05/09/2025 12:27

https://www.tuc.org.uk/joinunion- more info about finding a union and what they are.

Everyone has the right to join a union. A company does not have to recognise a union unless more than 30% staff are members; if it is recognised, the union must be involved with thongs like pay negotiations. But even if it is not recognised, a union can help you with things like disciplinaries and grievances, including supporting you (in person) in formal meetings. A good union will probably also have a library of information on employment law, your rights and do on, plus advisors if you have a question.

I seeing like insurance- I hope never to need them, but been hugely glad they're there when I have needed them.

GucciTennisShoesRunninFromYourIssues · 05/09/2025 12:25

Thank you, @SirHumphreyRocks that's really invaluable information I really appreciate you taking the time to explain this.

im actively seeking alternative employment. I'm degree educated and im having a few interviews so hopefully sooner rather than later I can leave as like you said, the writings on the wall.

I'll keep quiet about the recording and keep my head down and see what happens.

OP posts:
SirHumphreyRocks · 05/09/2025 11:09

As I said previously, this appears to still be in the investigatory stage, and may not proceed any further. They don't normally come to a conlcusion until the end of that stage, so any evidence you provide will not be discussed unless there is something to clarify.

but aside from that there's no update yet. I recorded the whole thing on my phone. I didn't tell them. I wasn't even allowed to speak and I got sworn at.

They honestly sound pretty awful, BUT, do not say you have a recording at any point. Depending on their policies, that could be enough for a fair gross misconduct dismissal - many employers now specifically state "secret recording" as misconduct.

There is no point speaking to a solicitor because all they will tell you is that you must await the outcome of the disciplinary. And I am going to be very honest - unless it is dismissal, it doesn't matter whether it is "fair" or not - there will be nothing you can do about it. You could appeal to the employer, but that's it and appeals are seldom upheld. It is well known that the "best way" to fairly dismiss someone unfairly is by attrition. One warning after another until the get to a final warning. Because once you are on a final warning only the reason for dismissal needs to be "reasonable" as that is what a tribunal will look at - not at the things that got you to the final warning. And that "final straw" can be something quite small in and of itself. Most employees see the writing on the wall and leae under their own steam before getting that far.

LittleBitofBread · 05/09/2025 09:45

GucciTennisShoesRunninFromYourIssues · 05/09/2025 08:49

I'll be honest I don't even know what a union is. I've just got my head down for nearly 13 years and never had an issue at all in my whole working life.

I had the meeting yesterday. They still haven't looked at my evidence but I've had 2 projects taken away from me (this will make a big dent in my bonus.) and they are still 'investigating.'

I feel so so deflated. I have done nothing wrong. Many of us older employees have received similar recently and there is talk of the company being in jeopardy. There have been a few redundancies but not in our department.

but aside from that there's no update yet. I recorded the whole thing on my phone. I didn't tell them. I wasn't even allowed to speak and I got sworn at.

I just can't believe this is happening. I am so sad my projects have been taken from me.

im going to book an appointment with a solicitor and get on the phone to ACAS.

we're marketing in the private sector. Small-ish company if that's any use for the union?

Please write down all of this, including the detail of being sworn at and the conversation/context around that.

Hiptothisjive · 05/09/2025 09:34

So there are a few things to unpick here.

No, they don't have to give you notice or full intent of an informal meeting. When it gets formal then yes you are allowed a representative or colleague.
They haven't said they are going to actually take you down a disciplinary route and are fact finding at this point and informally looking into the matter, so need need to panic at this point.
You don't know if they haven't looked at or evaluated the 'evidence' you have sent them. Just because they didn't do it in the meeting, doesn't mean they didn't look.
I would bcc your private account of the evidence being sent so that you have a copy and record in case it gets tougher down the line.
I don't think what they have done it wrong - you were perceived to be late a number of times (yes due to something out of your control). They wanted to have a meeting to understand why. You explained it and provided evidence. What happens next is they should drop it.

I agree with someone else saying they are using a sledgehammer to crack a nut. But, maybe they have concerns with other people, or are looking at redundancies and want to be more formal around this time - who knows?

Don't panic. Just keep doing what you are doing. Record everything. If they write minutes about your meeting and omit things just email back and say that they have forgotten XXX and send it back to them.

I'm sure it will come to nothing from what you have said. If not, you may also want to call ACAS (free) to take your through your options and explain everything.

Chattanoogachoo · 05/09/2025 09:15

shiningstar2 · 04/09/2025 10:18

Are you in a union? If you are request union representation at your next meeting. If you are not in a union, in your position I would join one

Absolutely, also remember you can bring a colleague into the meeting.

GucciTennisShoesRunninFromYourIssues · 05/09/2025 09:14

Greenwitchart · 05/09/2025 09:07

I would wonder if that manager just wants you out or whether the wider company is trying to push people out how avoid having to go the redundancy route and have to pay long serving employees like you.

As other have already said get advice from ACAS or citizen advice, get a copy of the official disciplinary policy and I would also lodge an official grievance with HR.

Also I am afraid this might be a sign that you need to start thinking about other employment because this is not a good sign. Sort out your cv and keep an eye for other opportunities.

I'm actively interviewing for other roles thankfully!

OP posts:
GucciTennisShoesRunninFromYourIssues · 05/09/2025 09:13

rwalker · 05/09/2025 09:00

Sounds like a fact finding interview before a disciplinary
on paper it does sound as though you would flag up as being late do it’s not unreasonable for them to deal with it

from what you say your video evidence is conclusive
does anyone else gave to same problem with this IT system

They have been aware of the IT issues for over a year and I've raised countless tickets.

OP posts:
Greenwitchart · 05/09/2025 09:07

I would wonder if that manager just wants you out or whether the wider company is trying to push people out how avoid having to go the redundancy route and have to pay long serving employees like you.

As other have already said get advice from ACAS or citizen advice, get a copy of the official disciplinary policy and I would also lodge an official grievance with HR.

Also I am afraid this might be a sign that you need to start thinking about other employment because this is not a good sign. Sort out your cv and keep an eye for other opportunities.

rwalker · 05/09/2025 09:00

Sounds like a fact finding interview before a disciplinary
on paper it does sound as though you would flag up as being late do it’s not unreasonable for them to deal with it

from what you say your video evidence is conclusive
does anyone else gave to same problem with this IT system

Mumofoneandone · 05/09/2025 08:56

GucciTennisShoesRunninFromYourIssues · 05/09/2025 08:49

I'll be honest I don't even know what a union is. I've just got my head down for nearly 13 years and never had an issue at all in my whole working life.

I had the meeting yesterday. They still haven't looked at my evidence but I've had 2 projects taken away from me (this will make a big dent in my bonus.) and they are still 'investigating.'

I feel so so deflated. I have done nothing wrong. Many of us older employees have received similar recently and there is talk of the company being in jeopardy. There have been a few redundancies but not in our department.

but aside from that there's no update yet. I recorded the whole thing on my phone. I didn't tell them. I wasn't even allowed to speak and I got sworn at.

I just can't believe this is happening. I am so sad my projects have been taken from me.

im going to book an appointment with a solicitor and get on the phone to ACAS.

we're marketing in the private sector. Small-ish company if that's any use for the union?

Yes!! They are there to support you and give advice to protect your job/interests.

GucciTennisShoesRunninFromYourIssues · 05/09/2025 08:49

Francestein · 04/09/2025 15:47

God I hope you are in a union

I'll be honest I don't even know what a union is. I've just got my head down for nearly 13 years and never had an issue at all in my whole working life.

I had the meeting yesterday. They still haven't looked at my evidence but I've had 2 projects taken away from me (this will make a big dent in my bonus.) and they are still 'investigating.'

I feel so so deflated. I have done nothing wrong. Many of us older employees have received similar recently and there is talk of the company being in jeopardy. There have been a few redundancies but not in our department.

but aside from that there's no update yet. I recorded the whole thing on my phone. I didn't tell them. I wasn't even allowed to speak and I got sworn at.

I just can't believe this is happening. I am so sad my projects have been taken from me.

im going to book an appointment with a solicitor and get on the phone to ACAS.

we're marketing in the private sector. Small-ish company if that's any use for the union?

OP posts:
TheignT · 04/09/2025 18:03

HoLeeFuk · 04/09/2025 14:52

Most (all?) unions won't offer support until someone has been a member for x months, for that reason.

I know that, it is the entitlement of people who think it is fine to buy the insurance after the car crash that annoys me. Us mugs were paying for years for the fun of it.

Middlechild3 · 04/09/2025 17:45

Imlyingandthatsthetruth · 04/09/2025 10:26

If you are in a union you need to enlist their help. Having said that, I paid my union dues for forty years " because they'd support me if I needed them" then when it was redundancy time they were absolutely. fucking. useless. Literally no value. Company wanted me out, I was out, blatantly unfair dismissal. Bitter? Me?

Sorry... Derail. Sounds like you have a case OP, fight as hard as you can.

Yes any union is only as effective as the local rep so varies considerably in effectiveness.

Mumofoneandone · 04/09/2025 16:04

ACAS, Union support.
Check their policies around disciplineries and check they are being followed.
Put in formal complaint about their behaviour, especially if they aren't following their policies.
Keep notes and everything in writing with them as evidence.

RainbowBrighite · 04/09/2025 15:50

If you are invited to any further meetings:
ask in writing
-for the agenda
-if you are to come alone/ have the right to a representative
-ask if this meeting may be the informal or formal stage of any ongoing further process
State you will confirm your attendance, and anyone else’s, when you have answers to the above. If you are ambushed politely stand up, explain why you are ending the meeting then go straight to put this in writing with the above questions asked for the rescheduled meeting.

Francestein · 04/09/2025 15:47

God I hope you are in a union

rainbowstardrops · 04/09/2025 15:44

I don’t have knowledge of this sort of thing but they sound as if they’re being massively unfair. Stand firm and I hope you get on ok.

LittleBitofBread · 04/09/2025 15:25

GucciTennisShoesRunninFromYourIssues · 04/09/2025 15:14

Thank you everyone for your advice.

they have invited me into this office this afternoon for the formal meeting (WFH so far today)

im just heading in now so will update later on. Thank you for all your support.

That's no notice at all, is it?

GucciTennisShoesRunninFromYourIssues · 04/09/2025 15:14

Thank you everyone for your advice.

they have invited me into this office this afternoon for the formal meeting (WFH so far today)

im just heading in now so will update later on. Thank you for all your support.

OP posts:
SirHumphreyRocks · 04/09/2025 15:13

GucciTennisShoesRunninFromYourIssues · 04/09/2025 10:11

I sent an email documenting that none of my evidence had been looked at and they just said 'we'll have another meeting.'

to which we did. And my evidence still wasn't looked at. They just said they need to go away and discuss disciplinary and I'll find out whether I have one next week.

should I have been offered a witness too?

I don't think it sounds at all good, but up to now they haven't done anything legally unfair. Your meetings are investigatory meetings, not discipliary meetings, and they have not moved to a disciplinary yet. They don'tneed to look at your evidence during the investigatory meeting. They have given you an opportuity to present that evidence, they go away and look at the whole thing, then decide whether a discipinary is warranted - I am not saying it is, because it sounds like it isn't, but this is how an investigation works. If the system works correctly then they assess the evidence and if warranted find there is not case to answer. In investigation meetings witnesses are not heard although you can provide the names of people who are witnesses or can verify facts.

HoLeeFuk · 04/09/2025 14:52

TheignT · 04/09/2025 14:30

Sorry but this does annoy me. Some people pay their union dues for years but others try to claim the benefits without ever being a member (I know the op hasn't suggested this.). Bit like taking out car insurance after the car crash.

ACAS is a good idea.

Most (all?) unions won't offer support until someone has been a member for x months, for that reason.

TorroFerney · 04/09/2025 14:38

Can I just clarify op, you go to log in at 9 am but can’t so you ring the it Helpdesk it gets sorted but with the result that you arent really able to do work til say 9:15. You then work all day but finish at the normal time which is right as you were available to work at nine .

you then come in the next day and you have the same it issue, so it’s an issue that happens when you try and log on?

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