Disciplinary meeting

[cogitosum]

Hi i would really appreciate some advice. DF was given a letter yesterday stating that he has a disciplinary meeting on Friday. He has been told it will be chaired by director and minutes will be taken by HR. It states the meeting could result in verbal or written warning. The thing is he hasn't been told what it is for. He has been advised not to tell anyone.

Is he entitled to find out what it is for prior to the meeting? It seems unfair as otherwise he can't prepare. Is he entitled to bring rep with him? Could the meeting result in dismissal?

If there are any links that could help I am happy to read through. Had a quick look at acas but not much there.

Thank you so much for any help.

Your DF should have notice of the offense prior to the meeting.

here this site should help

www.roydens.co.uk/content33.htm

Also he is entitled to have someone there with him to help support him. Either a fellow collegue or an Union member

"Dear Manager

Further to your letter dated ?? in which you invited me to a disciplinary hearing which could result in a formal warning, unfortunately I am unable to attend unless and until I have been provided with details of the allegations against me and been given an opportunity to prepare a defence.

I understand I am also entitled to be represented at such a hearing by a colleague or trade union official.

Please write at your earliest convenience outlining the allegations against me, giving me a reasonable timeframe in order to prepare my defence, and confirming my rights to representation.

Yours sincerely etc"

Is there a disciplinary policy? There should be. If he doesn't have access to one he should also request that he is provided with it.

He should also ask for a copy of any relevant policy or procedure he is alleged to have breached when asking for details of the allegation.

ie if it was using Facebook in company time and the IT policy says Facebook must not be used then I would expect a copy of the policy to be included with the allegation.

Thank you all so much. Really appreciate your help. I'll let you know how he gets on.

Hi I carry out disciplinary and grievances in my line of work. There is a lot that depends on policy however:

Your husband should of been given full details of any allegations.
If its an investigation hearing (which there should be before an actual disciplinary hearing) he should be questioned and is allowed someone present although they can not speak on his behalf.
If the investigation feels it warrants a disciplinary hearing then he should be sent all paperwork, including a copy of the policy in most cases, any statements or allegations in writing including dates times if relevant to read and scrutinise prior to the hearing.
Again he is allowed to take someone but not someone like a solicitor.
He can at this point request further sources to help his case ie meeting notes/supervisions or feedback from manager, any policies etc that will back him up to be available for his hearing.

The people who have made allegations against him should be available on the day of the disciplinary.

Before the disciplinary hearing he should be asked if he has anything further he would like to discuss. At which point he should use any sources or highlight any areas of inaccuracies. The chair should then go away and clarify these issues.

Then you would get the outcome of the invesitgation and disciplinary.

Hope this helps

I disagree with some of your points Signet

? There is no requirement to hold an investigation hearing before a disciplinary hearing. It may be useful or advisable to do so in some instances but will not always be necessary. It depends what the alleged misconduct is.

? There is no right to be accompanied to any investigation.

? There is some question about whether a solicitor can accompany. A couple of recent cases "held that the right to a fair hearing under Article 6 of the European Convention on Human Rights includes a right to legal representation where the issue or allegation to be determined is sufficiently serious to warrant legal representation." see here The same article would also cover cases that have the potential to deny the employee the right to practise their profession in the future; doctors, teachers or anyone who could be struck off or banned by the regulatory or professional body.

? The people making allegations do not have to be present at the hearing. Statements are sufficient. It is the job of the person chairing the hearing to check the information is accurate and correct. If the employee disputes the account/s the chair has a duty to adjoirn the hearing for further investigation if necessary. A failure to fully investigate challenges to statements could form the basis of an appeal.

have to say that I agree with Katie. Some things may be best practice but that doesn't mean there is a legal requirement.

A lot also depends on whether it is a formal or informal meeting- if it is classified as informal then he doesn't have the right to bring a colleague or union rep, nor does he have to be given details of any evidence against him. He would only be entitled to these if it is classified as a formal meeting.

I stand corrected :)

This is just what we do by our policy at my place of work.

Ive never known a disciplinary hearing without an investigation though. However, that could be down to my place of work as we work with vulnerable adults and CQC normally advise a investigation to a) to ensure any other issues come to light b) that all parties who could be affected are interviewed.

When i say present I should of said be available as on the day further things can come up and its neither time effective or cost effective not to mention unfair to the person being disciplined to keep adjourning to clarify. IF its possible to quickly get some clarification if required. Unless of course its something major which will require a lot of looking into or further evidence to be obtained.

also, if it is informal he can not be dismissed at this stage, unless he has been employed for less than a year in which case he has virtually no rights.

signet- we would have a similar policy too, but like I said this is good practice as opposed to being legally required.

Yes, I find it odd that you wouldnt do an investigation to be honest unless it was something very clear cut.

In the experience of the ones I have done, its never clear cut. (apart from when a staff member punched a boss but even then it went to an invesitgation first! Then he was sacked!)

Horrible things to carry out. OP I would read it all listen to the ones who are saying legal but certainly I would advise you to tell your husband to check the policy in his work place.

ACAS guide here: www.acas.org.uk/media/pdf/6/6/Acas-Guide-on-discipline-and-grievances-at-work-March-2011.pdf

It sounds from the OP that it is an attempt at a disciplinary hearing. The bit about the warning strongly suggests it is. If they're not getting this right it's unlikely they will follow best practice.

Follow Flowery's excellent advice.

Sorry just to clarify df= friend not husband. I hope I didn't mislead anyone. Thank you all so much. The letter says disciplinary meeting rather than hearing - I wonder if that is different. But the fact it says it could end in warning suggests not. It is all so vague which is what bothers me. There is nothing specific about what has happened. So no hint of investigation as he wouldnt know what they are investigating!