DH has been called to a disciplinary enquiry 10 days after starting a trial position!

[Numberfour]

DH started a new job as assistant manager at branch X of the company on 6 April this year. About 3 weeks ago he was asked if he was ready to take on a branch manager position of branch Y and he said he was up for the challenge.

He is on a 6 month probation period and on top of this, he was told that he had a 2 week trial in the new position.

All has been fine fine fine except that DH is finding it very busy and stressful.

Today he was to hear if his branch manager position was to be made permanent. Instead, he is emailed a letter calling him to a disciplinary hearing on Thursday. He thought it was a joke because NOTHING has gone wrong, other than he did not obtain a quote for a particular troublesome client and quickly as they would have liked.

His area manager is as shocked as he is.

So, my question is: how much detail are you allowed to obtain before the hearing? The letter to him sets out 3 areas of supposed concern and DH says that NONE of those areas were problematic. Can he get further particulars about these allegations?

My second question is: why would they call for a disciplinary enquiry when he is still in the probation period? Why not just tell him to go?

Thirdly, he had no training for the new position - does this give him a chance of being successful.

From my experience of disciplinary enquiries, the minds of senior management are pretty much made up anyway and the idea is to get rid of the person concerned.

I know very little about this and am sure others will be of more use - but I didn't want your post to go unanswered. What a horribly frightening situation for you both

My advice would be for him to write down everything he can remember about his activities in the job so far, particularly around this troublesome client. He needs to be clear and focused in his ind and writing things down will help - he has done nothing wrong.

Is he in a union, or could another member of staff direct him to a union rep who could help him understand the process and what his rights are? Could a call to the CAB help?

So sorry for you both, I haven't been through this but have experienced dh hanging on the end of the redundancy rope twice and know how horrendously scary it is waiting for the axe to fall

best of luck xx

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i'm afraid that with less than 12 months service, your DH has very few rights. THough, most employers can't afford to lose good people, so this sounds bizarre. If he thinks he might be dismissed, he might want to consider resigning, so he has a clean reference?

How worrying for you.

Have a read of this info from Acas.

It sounds like basic procedures haven't been followed. Your dh should have had an investigation to establish the facts - and should have received a copy of this in his invite to disciplinary letter.

He has the right to representation - does he have someone he can call on?

Is there an HR department he can call to express his concerns around the way this has been handled so far?

Like detoxdiva, I was going to suggest looking at the ACAS guidelines. Shorter version is here:

www.acas.org.uk/CHttpHandler.ashx?id=1047

Point 9 on page 7 addresses the question of how much detail should be provided to the employee prior to the hearing. It's perfectly reasonable for your dh to ask for more information to better understand the possible issues.

It does seem very perplexing. One would expect any teething problems to be dealt with informally, and for your dh to be supported as he gets to grips with his new role.

Thanks for your replies.

Yes, Smitten, it does sound bizarre. When he received the email he called his area manager who was as shocked as he is.

Detoxdiva, I will have a look at the link tomorrow - thanks so much. We went to a fantastic party yesterday and I am feeling a little worse for wear and need an early night.

My poor DH had been running his own business for 18 months but it just got too hard. And now this.

Fuck.

"It does seem very perplexing. One would expect any teething problems to be dealt with informally, and for your dh to be supported as he gets to grips with his new role. " Fascicle, that is precisely what I said to DH - though you put it in a better way!

Why not just tell the man what he must do! If they did not like the way he has been running the branch after only 10 goddam days, then TALK to him!!!!

It has not really sunk in how awful this is. We only just cancelled our housing benefits, so pleased that we no longer needed it. And now looks like we may have to revert to that again.

Fuck.

sorry if I sound like an idiot, but is he sure it's HIS disciplinary hearing? Not that he is being invited to participate in one as manager?

My first thought was that he is being called as a witness for someone else's hearing. Otherwise he has to be told of the nature of the hearing surely?

Greensleeves: first line of the letter to DH reads "I am writing to tell you that [the company] is considering dismissing you"

Then it says that the action is being considered with regard to 3 matters:
"1. Maintaining existing relationships with customers and promoting and generating new business.

1. Providing quotations for customers using XYZ Designer software in conjuntion with Head Office.
2. Assisting with the preparation and delivery of customer orders.

The letter then give date, time and place of meeting. A copy of his job description and of the company Disciplinary procedure is attachec.

The letter then says may be accompanied by another work colleague or a certified trade union representative. He then has to let the company know by Wed who he will be taking to the meeting as "a companion"

Regarding 1. DH generated new business for branch X when he first started.
Regarding 2. he knows the software and has been using it for 7 years. He says that it is faulty and has advised head office.
Regarding 3. he has been out delivering after hours and on bloody Saturday mornings for which he is not paid.

What really fucks me off is that people are going to think that where there is smoke there is fire.

Ok sorry, that is clear.

ok it is the real thing

It sounds very fishy and very unfair to me. Nothing is being handled straightforwardly or appropriately.

Is there anyone he can take with him who knows what they are doing?

So sorry for you, it's awful

He said to me that the area manager had told him that he would be there, but I said that he must specifically ask the AM to be his representative.

Thanks for the replies. I must go to bed because I am hungover and very tired from yesterday's party.

DH just said to me that he asked for details about the allegations and he was told that they would be discussed at the hearing on Thursday.

He now says that he might as well resign to keep a clean record.

FFFFFFFFFUUUUUUUUUUUUCCCCCCCCCCCCCCCCCKKKKKKKKKKKK.

Procedurally he would have very strong grounds for appeal.

1. No investigation carried out before the disciplinary hearing.
2. The allegations must be made clear to him at least 24 hours before the disciplinary hearing, along with the evidence they intend to refer to in order to help them make a decision.

With less than 12 months service he could not make a claim for unfair dismissal unless he gets dismissed for an automatically unfair reason see here

Thanks, Detox. They did not hold an investigation (though one of the directors was at DH's office last Thursday morning when DH arrived - half hour before opening time).

They have made the allegations, but refuse, so far, to provide evidence.

It's a tough one - as he has little rights in an ET to unfair dismissal because of his length of service, he does need to consider whether resigning may be the better option. He has until they inform him of their decision to hand in his notice. He does I feel though have strong grounds for appeal based on what you've said about how it's been handled, and the lack of training, so it comes down to how far he wants to stand his ground and show that he won't be dealt with like this. Is there an HR Manager / department he can speak to?

Not sure about HR dept. Last time that DH mentioned HR it consisted of one woman who had left the company after having had a relationship with another married member of staff.

He has so little left of himself to give (other matters have been horrendous) so I don't know if it is worth the battle. Besides, who would want to work for someone who immediately calls for a Disciplinary Hearing without talking face to face first? V odd.

His assistant says that this type of treatment has happened before more than once and it is for that reason that the assistant had declined promotion to that particular role. Maybe he is better off just leaving.

the meeting is starting in 10 min time

DH is not going to walk from the job because the allegations are the biggest fucking load of bullshit crap i have ever heard.

still, who knows what the next hour will bring

Hoping for the best outcome for you Numberfour.

So sorry to hear this, such a stressful time! Its good that the area manager is on your DH's side and fingers crossed for a good outcome.

Thanks, aleene. He really, honestly and truly does not deserve it. If he did, I would be the first to say so.

He is crap at talking and expressing himself when he is nervous. I told him to look at his notes, ignore the fuckers and put the record straight.

Is it wine o'clock yet?

leeloo1. i am bloody sitting here crying while my 2 childminded kids are sleeping.

fucking shit situation but hopefully DH has the courage of his convictions.

Sending a hug (very un MN but I can just imagine what it must be like for you, just having to wait).