Need urgent advice re: disciplinary action meeting and being unwell to attend

[Tinkie25]

Dh had a meeting on Monday for an investigation into an allegation of bullying (total false a retaliatory accusation)

He came back from the meeting and was distraught, I have never seen him so low, the accusations were awful to hear. That added to the illness of his mum has sent him over the edge. He started having panic attacks and mumbling. I took him to the doctors who prescribed anti depressants and signed him off work for two weeks (even thought he was on suspension). A letter has arrived today saying he has to attend a disciplinary on Wednesday. He is in no fit state to attend and fight his corner. He has not even had chance to contact his union rep.

Surely they can’t make him attend this meeting when he is mentally unwell.

He can request to reschedule the meeting, ask him to put his request in writing and ask for confirmation that it has been received.

He can ask to reschedule, but his employer probably won’t agree for him to do so a second or third time.

If he has a sick note, he should be allowed to postpone the meeting until he is fit.

Just ask for it to be rescheduled due to being unfit to work for two weeks.

Is this his first disciplinary?

If he postpones for a third time the meeting can go ahead without him being present.

This gives good advice:

www.hrzone.com/lead/change/ask-the-expert-disciplinary-while-off-sick

This is his first disciplinary.

His company was taken over a year ago and all his terms and conditions were transferred to the new company. Due to the wages structure of the new company, DH is on more money than his direct supervisor who doesn’t like this (not DH fault) and as a company they would love to get rid of him and the wage bill. This feels very much like a set up and DH knows this.

The sick note lasts for two weeks, but I can’t see DH being in a position then to fight his case. He will really need to be on the ball and he is not. He had depression about 8 years ago (after the death of his father) and took 2 months to return to work.

This issue hanging over him won’t help his mental health.

long term sick leave might not actually help with his employment situation, now or in the future. If he’s not having counselling at the moment that might help.

They will probably go ahead without the meeting if he puts it off more than one more time. He can also submit information in writing.

If he hasn’t actually done anything wrong with respect to the complaint then it will be difficult for them to sanction him.

Loopytiles. You seem very knowledgeable. I don’t want to put too much on here. If it possible to send you a Pm or anyone else in the know. Thanks

Has he worked there more than 2 years?

He’s worked at this company for a year and the previous company for 20 years. So service is continued.

As previous posters have said, if he is unfit to attend then you must tell them this. They will reschedule the meeting as he has a sick note.

It is important he keeps in touch with his GP throughout this process, and occupational health if the company has an occupational health department.

The employer may have sent you a copy of their disciplinary policy which should include information about being unfit to attend a meeting or hearing. They need to follow this policy so do look at it.

Is he a member of a union? If so, the union or ACAS can also advise. Do look up the ACAS website or give them a call.

This is an incredibly stressful thing to go through. Your DH really must put his health first above all else. I wish you both well.

Despite his MH being on a very low ebb, it will be in his best interests to write down his version of the circumstances surrounding the accusations of bullying. You can help and support him.

Sitting at home in a safe environment, talk through it, help him make notes. What happened, how did the situation arise, what did your DH say he did and why does he believe the other person made the accusations (not just the retaliation aspect, but what words might have led them to feel bullied).

This approach will be far more conducive than your DH waiting until he is sitting in the meeting feeling under pressure.

If he has a Fit Note, then he can stay off work for the duration of the Note, however it's in his best interests to attend the meeting rather than let it continue without him. If he is fully prepared with the facts, that will help.

Have they provided him with their bullying and harassment policy document, as they will need to follow the process in terms of investigation and communicating any resulting actions fairly.

Bullying is actually not against the law, but as you've said they may be using it as a reason to put him through the disciplinary process.

There is no one incident as such. It’s comments/actions some of which have gone back 4\5 years! One example, the shutters to the building we’re stuck and wouldn’t come down. They asked dh, but he was on a phone call to a customer and told the colleague he’d come out after. About 10 mins later he went out and had to yank them, it was caught in the corner and he kicked it lightly which released it and closed them. They had a laugh at the time about it. This was in the statement that he kept them waiting for at least half an hour and when he came out he was pissed off kicking the shutters in anger.(total lies) This incident was at least 3 years ago!

There are lots of examples of things, but nothing that can be checked over with CCTV, no proof other than the word of one or two colleagues that have ‘seen or heard’ something.

Thx for the further information.

He has 20+ years with the company. What he can be certain of is that they are going to have to come up with an extremely strong case, far more than that sort of flimsy unsubstantiated "evidence".

I'd recommend he gets himself back together, goes into work and attends the meeting.

They have to provide him with written evidence of all allegations.

They have to state what their intended actions are and on what basis those actions are taken.

He shouldn't resign, just play a waiting game. I think it sounds highly unlikely they can dismiss him but impossible to predict.

If they dismiss him, that's when he will have to take action. Bear in mind to take them to Tribunal, after any dismissal the claim must be lodged within 3 months +1 day. But key thing is, let them play their hand first.

It begs the question why they didn't act 3 years ago. That will stack heavily against them. A reasonable employer should have dealt with it under their policy quickly after the incident.

Tribunal would ask themselves who acted reasonably. How much time had elapsed with no action taken.

Sounds like trumped up charges to me.

You’re right daisy they are.

Dh went over to them on a tupe and when he spoke to the union rep, they said they get a lot of business from this company so watch your back.