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Original poster

Disciplinary hearing

25 replies

unfitmother · 24/01/2011 18:25

I have an investigatory meeting this week but have already been told it will go to a disciplinary hearing.
I dropped something in a staff area which could potentially caused a confidentiality breach.
I'm cross with myself and cross with what I see as an overeaction by my employers.
Am having bad dreams about the hearing and am finding it hard to put out of my mind at work.
I need to get over this - any advice?

OP posts:
recycledteen · 24/01/2011 20:09

Make sure you have someone to accompany you to both meetings. Needn't be a union rep. That person won't be able to talk for you but you will feel supported and have two pairs of ears to hear all that is said. My sister in law came with me to disciplinary meeting. The knowledge she was in the room and making notes, gave me more confidence to face my boss and speak up for myself.

To drop something that may have potentially caused a confidentiality breach, well I'm sure you are not the first to do this. What are the safeguards in place to stop this happening? Are there any? Apart from a rule that says Don't walk through a staff area with whatever in your hand. Is there an employee handbook? Check your facts where possible and you will be in a better frame of mind for the first meeting. No looking ahead to the second meeting until the first is dealt with to both parties satisfaction. You have rights too.

Original poster
unfitmother · 24/01/2011 20:58

Thanks!
I have contacted my union and after paying my membership fees for 20 yrs I finally need them and after 5 days they've not been in touch. The regional office was closed today for training! Angry
I'll have to go to the first meeting on my own as the union don't send people to those.
You can take someone else but they have to be an employee.
Unfortunally as I am the manager it should be me that is putting safeguards in place so I don't think that one will work but thanks anyway!

OP posts:
noniks · 24/01/2011 21:10

The fact that they have told you it WILL go to disciplinary is a big mistake on their part -
the whole point of the investigation is to establish the facts -To prejudge it at this stage means a breach in the employment law protocol and means they have effectively made their minds up - leaves them in a very tricky situiation which may mess up their entire case against you. Worth mentioning this to them.....

Take notes of EVERYTHING and make sure you have someone clear headed to take those notes. Make sure you ask to see their notes and ask for a copy
all this is perfectly normal procedure.
Union will help with all this too.

Original poster
unfitmother · 24/01/2011 21:28

I have mentioned this in my statement, it does make a bit of a mockery of the investigation doesn't it?

OP posts:
noniks · 24/01/2011 21:31

Totally - and puts you in a very strong position!
Good luck - trust me - if you decided to take them to a tribunal, this point alone would mean they'd lose. If there's one thing tribunals take a very dim view of, it's the failure to follow the rules and waste everyones time.

Original poster
unfitmother · 25/01/2011 18:13

Union didn't phone - I had to chase them! [bangry]
They weren't terribly suppportive when I did get them. I would like to take a colleague with me but as two of my peers were suspended for ages last year we're all a bit scared so I don't want to ask them. I also don't think it's appropriate to take someone that I line manage, is it?

OP posts:
SauvignonBlanche · 25/01/2011 18:59

Sounds a bad place to work! Hmm
Hope it goes OK.

Original poster
unfitmother · 25/01/2011 19:18

It didn't used to be but it is now, there's a really macho management culture. So much for the caring profession!

OP posts:
KatieMiddleton · 25/01/2011 20:46

Sorry but have to disagree with noniks. You can't win a tribunal for failure to follow the process to the letter. That changed in April 2009 after some pretty silly rulings were overturned at appeal.

Do take someone with you. No harm in asking one of your colleagues who was previously suspended. Better than no one.

recycledteen · 26/01/2011 01:22

Agree with KatieMiddleton. If you have no-one to come in with you, at least take notes yourself and ask for a copy of any notes they make too.

Wishing you the best outcome for you and that the Union get their finger out and give proper support.

Original poster
unfitmother · 26/01/2011 18:55

Finally spoke to the union who weren't overly helpful but were pretty insistant I should not go unaccompanied (though couldn't come themselves).
They said it did not need to be a peer but could be anyone she said maybe admin staff. There's a secretary I know well who is totally independant of the situation so I asked if she'd be a notetaker and she agreed. Smile
That's put my mind slightly at rest but I'm still not looking forward to it!!

OP posts:
hermioneweasley · 26/01/2011 20:54

feel for you - it could be any of us. however, I think a disciplinary for negligence probably is within a reasonable range of responses (though at the harsh end). I'd expect a first written warning - you did do it, it was careless, but it's not the end of the world. doesn't mean I judge you though - I've probably done the same thing but just not been 'caught'. Go in, hold your hands up, apologise, say you've learned your lesson and remind them of your unblemished record. that should be the end of that. no need to talk about tribunals!

SauvignonBlanche · 26/01/2011 21:43

Good luck for tomorrow! Smile

Original poster
unfitmother · 27/01/2011 17:25

It wasn't too bad today though I did nearly cry as I had to read my statement out. Blush
My statement was pretty good (though I say so myself) and I did challenge why this was a disciplinary offence.
I will have to wait now to hear whether it will go to a full hearing with a panel.

OP posts:
BerylStreep · 27/01/2011 21:55

Nothing to add, except to say good luck. It's horrible having to go through this.

Oblomov · 27/01/2011 22:38

Wishing you all the very best. I had one recently. And went alone. Am so glad you are now not going alone, becasue I was just about to write begging you not to.
Hope it goes o.k.

recycledteen · 28/01/2011 21:52

Crossing fingers and toes for you.

Original poster
unfitmother · 31/01/2011 18:33

Thanks everyone! Smile
I couldn't face work today and took an annual leave day. I hope there will be some news soon as to which way its going to go.

OP posts:
BerylStreep · 31/01/2011 23:45

I feel for you. Have they said when to expect a decision?

Original poster
unfitmother · 02/02/2011 18:12

Haven't heard yet - the suspense is killing me! Sad

OP posts:
BerylStreep · 02/02/2011 20:45

Sad for you.

I'd be surprised if you are able to think of anything else.

Hope all goes well.

Original poster
unfitmother · 04/02/2011 19:52

Thanks! Smile

OP posts:
forasong · 04/02/2011 21:36

Good luck. I once gave some managers a confidential report and did not get it back off them. It got sent around the internal mail.

The 2 managers I gave the report to by hand denied receiving it. I was blamed.

There was not much I could do, and I was careless to trust the Senior Managers.

My Boss stepped in and stopped proceedings on the basis that this was out of character.

I have never lost anything again and now always get people to sign that they have received a report or I have an envelope with a from / to / and date delivered field that I keep.

I really feel for you as I found the whole experience nerve wracking. I was ultimately responsible for the document so was to blame.

forasong · 04/02/2011 21:38

Oh and one reason my boss managed to stop the disciplinary was that I did not actually have a secure office but had all this confidential stuff. I used to have to lock everything up in cabinets in an open plan area. I soon got an office as a result.

BerylStreep · 13/02/2011 08:41

OP - how have things been?

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