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Legal matters

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DH is up for disciplinary hearing on Friday, should he talk to a lawyer first? LONG.

9 replies

BlackNoSugar · 04/03/2015 20:37

Bit of background: DH works for a contractor who is employed by the military. Every few years the military puts the contract out for renewal, and if the contractor changes, all the employees are automatically switched over to the new contractor and they are all guaranteed to keep their current jobs, pay, working conditions etc under TUPE.

Last year the contractor changed. The new one has issues. They keep trying to change things, drop benefits, deny holidays. There have been a series of letters going back and forth between the employees' solicitor and the contractor, trying to sort out the mess. 90% of the current employees have not yet signed their contract, as so many clauses in it are wrong.

Things are a bit fraught.

A mass email was sent to all employees, requesting their presence at a meeting. The date for the meeting was ridiculously wrong - for example, the letter is dated 1 June 2014 and states the meeting is on 15 May 22104. Not only the wrong year (which could be a typo) but the actual day/month was earlier than the letter date.

DH replied something along the lines of, "sorry I won't be attending as I don't think I'll be available in 20150 years 11 months and five days. Assuming you meant XX date instead, I won't be available then either as I am (away working at a different area for the same contractor)".

He's just been handed a notice of a disciplinary hearing for this Friday, where they intend to give him a formal written warning to be placed on his file. The offence is "not giving due respect" or similar wording.

Fair enough, it was cheeky. But it was meant to be amusing. I think the main part of the problem was that his reply (as was everyone's) was sent to the whole list - so every other employee saw it.

Should he just go, accept the warning, and remember never to try and be funny again? Or does he have any kind of chance of fighting it?

The other (minor) issue is that the notice of the disciplinary hearing has some details wrong - they "quote" his reply to their mass email, but have the wrong dates - the wrong wrong dates, if that makes sense.

Also, can he request a delay as they've only given him two days notice which isn't really time to get any kind of professional legal advice?

OP posts:
Septbaby · 04/03/2015 21:16

Have they undertaken an investigation of the issue? A disciplinary hearing should only be undertaken after a full and thorough investigation. Although frustrating 48 hours notice of a hearing is acceptable, 5 days notice is best practice. If I'm honest I wouldn't pay a solicitor in relation to this, there really is very little they can do or advise at this point, your best bet would be to contact ACAS to discuss this further with them :) best of luck

Heels99 · 04/03/2015 21:21

agree speak to acas you don't need a lawyer it is very minor.

BlackNoSugar · 04/03/2015 21:27

Yes they state in the letter they have undertaken an investigation and they have attached a summary.

It is a very minor thing, but with all the other problems the employees are having, a written warning is ammunition if the contractor decides to get really nasty.

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Septbaby · 04/03/2015 21:42

I understand your concern, ACAS will be able to provide the most appropriate advice however I really wouldn't worry too much, a written warning really isn't too serious and I doubt very much that it could be used in anyway as ammunition as such. Hope your husband and colleagues are getting good support in relation to the TUPE concerns Flowers

zipzap · 04/03/2015 21:55

Have you got legal insurance through your house or car insurance that he could talk to instead?

Has the benefit of being easily available (you might even be able to ring up now, at least to get the ball rolling) and you wouldn't need to pay for it...

BlackNoSugar · 04/03/2015 22:18

He's going to talk to his line manager tomorrow- when LM handed him the letter he made it very clear he wasn't happy and was being made to do it from higher up. I think he'll probably just take the warning but wants to make sure it won't come back to bite him.

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BlackNoSugar · 04/03/2015 22:18

He's going to talk to his line manager tomorrow- when LM handed him the letter he made it very clear he wasn't happy and was being made to do it from higher up. I think he'll probably just take the warning but wants to make sure it won't come back to bite him.

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bryonyelf · 07/03/2015 09:04

How did it go?

BlackNoSugar · 07/03/2015 16:24

He spoke to a couple of people, was assured it would make very little difference to anything as long as he keeps his nose clean (i.e. doesn't do it again), and he's accepted the written warning.

Now fingers crossed for the contractors to change ASAP. They are causing all kinds of problems.

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