query re disciplinary hearing/procedures

[glitterball]

wonder if anyone can help...a friend & colleague has received notification that they have to attend a disciplinary hearing next week for failing to follow certain office procedures on several specified occasions

they have asked me for advice but tbh i really dont know much about all this so was looking for some help!

questions that have sprung to mind are:

1. is there a required amount of notice for these things - colleague was told today of hearing on monday - do you have to give 7 days or is it more flexible?
2. we both know of a number of people in the office who have failed to follow the same procedures - however no-one has ever been given a disciplinary...is colleague entitled to ask about this at all?
3. am unsure whether i should go to the hearing with colleague, i have been asked but am conscious that i am next in line in senioirity to the manager who is doing the disciplinary and therefore whether this is the 'right' thing to do - however colleague is a good friend and would like to be there to give support if possible. if i do go am i expected just to keep quiet or to say anything?

sorry for asking so many questions but any advice would be gratefully received - although am a lawyer this is totally outside my field (although i feel i really should know what to do!)

1. Depends on the procedure really. Most procedures I've seen have specified x days notice is required. Reasonable notice should be given but you really need to look to the procedure.
2. Entitled is a difficult word. I would say that your colleague is perfectly entitled to raise it as part of his/her case and good practice would be to ensure consistency of treatment. Obviously this would not prohibit an organisation from proceeding, it just makes things riskier for them.
3. The procedure probably states that a colleague or rep can accompany the individual and indeed this is a statutory entitlement. In your case it is a judgment call but in your position I would not. You need to be mindful of your seniority, I would suggest.

Hope this helps. Has there been an investigation? What is the likely outcome?

glitterball have a read of this ACAS guide, v helpful including on role of accompanying person.

Certainly raise the issues of other people doing it, yes, if your friend is the only one being punished easier to appeal it as less 'reasonable' of them to impose sanctions on him/her.

If you go, you can't answer questions but you can address the hearing on behalf of your friend. If I'm honest I'd probably advise not doing so unless he/she has no one else suitable. Or if you do go, just sit there and take notes for your friend and don't get involved in the hearing itself.

Does your friend belong to a union? AFAIK you are entitled to support from your union, and the rep can accompany you.

Thank you!

Colleague did fail to follow procedure on 3 occasions which relate to time limits etc so there cant be any argument over that

I am unaware whether there are any mitigating circs - certainly this is something that at least half the fee earners if not more have failed to do on one or more occasions - expected consequence was an informal meeting with managers, and a reminder to be more careful over it next time.

on thinking about it, colleague's supervisor would have been aware of the time limits and is supposed to check that colleague has dealt accordingly - should supervisor (who is also a close friend!) be involved in this at all? supervisor is not involved, so far as i am aware, and is not in the office on day of disciplinary.....

i entirely take the point re attending the hearing myself will try and persuade colleague to take someone else in my place as i dont feel they should go alone!

sorry, cross post...flowery thank you for the acas link i will pass this to colleague, as want to do what i can esp as will probably not attend the hearing

3littlefrogs - sadly we are not union members so no assistance from that area!