Disciplinary hearings at work

LillithLillith Posts: 946
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Has anybody any experience of these. I work in a very small unit and we have an on going disciplinary case involving a colleague. As there are so few of us and we are not allowed to discuss it we are reduced to talking about the weather and TV.
I have heard that you can have someone with you when you are called in give a statement but I thought that was only if you were "the accused". Can you be made to give evidence if you have left the job after the supposed incident and you are just a witness?
The whole atmosphere is very oppressive so I would like to know how long these things take to be resolved. Any information would be welcome.

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  • bossoftheworldbossoftheworld Posts: 4,941
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    Not sure - but I don't think they can drag you back for a hearing if you have left - unless it was in a court or something.

    If you didn't see or hear anything - that's exactly what you tell them.
  • bridgetbbridgetb Posts: 835
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    God I've had shitloads of disciplinaries!! What is the actual background?

    The longer they drag it out - the worse it is. The person in question will be able to take a colleague into the disciplinary with them for support.

    As for not talking about it? Why not? We would always get together in the pub at lunchtime/after work and have a good natter about ours.

    I've been sacked about 4 or 5 times.. had to quit 2.
  • cardiffstecardiffste Posts: 152
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    Id check out the ACAS website if i were you - they have the best advice and support and you can download the guides for free.

    Employers are supposed to follow the ACAS guidelines
  • evil cevil c Posts: 7,833
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    Hi Lillith, try this DirectGov page: http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Disciplinaryprocedures/index.htm
    and you can scroll down this page and find out more about various employment issues: http://www.direct.gov.uk/en/Employment/index.htm
  • [Deleted User][Deleted User] Posts: 18,013
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    Lillith wrote: »
    Has anybody any experience of these. I work in a very small unit and we have an on going disciplinary case involving a colleague. As there are so few of us and we are not allowed to discuss it we are reduced to talking about the weather and TV.
    I have heard that you can have someone with you when you are called in give a statement but I thought that was only if you were "the accused". Can you be made to give evidence if you have left the job after the supposed incident and you are just a witness?
    The whole atmosphere is very oppressive so I would like to know how long these things take to be resolved. Any information would be welcome.

    Very likely that one identified, you will get fired too. Take out super, dooper injunction now. x
  • Joni MJoni M Posts: 70,225
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    Yes, you can be asked to give evidence, but if you have left it's unlikely you'll be 'subpoened' though you can't rule it out.

    Any industrial tribunal can sometimes take from 3 to 18 months, but as long as it's 'active' then it can run for years.

    If you wish to have someone with you, then either parties are entitled to do so.
  • Kyle123Kyle123 Posts: 25,782
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    I had a really annoying situation once involving a disciplinary. At the time, I was working weekends, and was in college through the week, but on rare occasions worked an extra Tuesday.

    One Tuesday morning, I was in the middle of my lesson, when I got a phone-call from my boss, demanding to know where I was - basically at some point over the weekend he decided he needed me to work the Tuesday, but hadn't informed me or put up an amended rota. Even though as far as I was concerned I had no obligation to do so, I still went in that afternoon as a favour, and explained the situation to him, and he basically said "oh, I'm going to have to give you a warning" much to my protests.

    You'd think he'd have learned to be more careful, but low and behold, that weekend, I walked into work at 11am, like I always did, when he demanded to know why I was late - I was supposed to have been in at 9. Once again I protested that this was the first I'd heard of it, but he proudly showed me the rota that was supposedly up all week, despite a colleague insisting that he was wrong, and the assistant manager standing up for me, and pointing out that he had decided he needed me, until much later in the week.

    The disciplinary itself was farcical - he even admitted that it probably wasn't my fault (not that he would dream to admit it was his) but insisted he still had to press on with it. It was kind of hard trying to keep my cool when he went through a bunch of rules and everything, which went on even further, because I "refused to take account for my actions", even though moments before he had admitted the whole situation was out of my hands.

    Nothing ever came of it or anything, but it does really bother me that there's that blotch on my record, because he was incompetent enough to let the staff know that the rota he had put up was no longer accurate!
  • horwichallstarshorwichallstars Posts: 16,514
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    I do Disciplinary investigations, and also sit on disciplinary panels.

    You can take someone into an interview with you, this would often be a union rep ( if you are in a union), it can't be someone else who is a witness within the investigation. The reason it can't be another witness is that your testimony might influence what they say.

    The reason you are asked not to talk about it is firstly, to respect the right to confidentiality of the person who has been accused, and also to ensure that no-one can be accused of any sort of collusion.

    The quicker interviews can take place, the quicker the whole thing will be resolved.

    Best thing to do is not to talk about it, go to the interview, answer all questions honestly, and then put it behind you
  • evil cevil c Posts: 7,833
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    Best thing to do is not to talk about it, go to the interview, answer all questions honestly, and then put it behind you
    This is good advice. Also do not talk about it in the pub afterwards or criticize management decisions openly. You never know who is listening.
  • LillithLillith Posts: 946
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    Thanks for the advice given so far. I have contacted out HR department and they are quite supportive. Perhaps I should have explained that I work for a different company from the person involved in the disciplinary hearing although we work along side each other. Does this make any difference? Can I be made to give statements or can I refuse?
  • evil cevil c Posts: 7,833
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    Lillith, you're being quite cagey here about revealing all the facts of the case, which isn't helping the forum members trying to help you. You say that you have contacted your HR dept, so does this mean that you work for a large company? Is there any reason why you wouldn't want to give evidence? Are you friends with the colleague who is being disciplined? Is he/she a contractor with your company? Contractors have different contractual obligations to permanent staff. Will it affect your career negatively if you do/do not give evidence? Are you directly involved in the case?
  • LillithLillith Posts: 946
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    I work for a firm that provides school dinners. Although we are paid by the county council we are a separate firm, the result of an inside tender. Each school is our client and does not employ us. The person being disciplined is employed by the school but works along side me at lunchtime. My HR dept was not pleased that the school had interviewed me and taken a statement withhout informing them. The only reason that I am being "cagey" is that I am afraid that the case will be recognised by someone.
  • evil cevil c Posts: 7,833
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    Hi Lillith, thanks for the info. I see that you are in a difficult position. If it were me I would be inclined to follow whatever advice the HR dept gave me. Surely your company has guidelines about this sort of thing. You don't want to jeopardise your company's contract and I shouldn't think that they would want to be involved in a client's internal disciplinary procedures. Were you present when the incident that led to the disciplinary action happened?
  • LillithLillith Posts: 946
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    No I was not present when the incidents happened just a witness to the aftermath of two of them and I have some information about who might have done the third. Yeasterday I heard that our statements have been sent to a solicitor is this normal practice?
  • evil cevil c Posts: 7,833
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    Hi Lillith, I'm not an expert in this area, so suggest that you send horwichallstars a personal message via this forum. Alternatively you could always ask a solicitor, your initial consultation should be free, and I have found solicitors can be helpful, if they are sympathetic to your position, or see your local Citizens Advice Bureau, or even your home insurance might give free advice on personal legal matters (mine does). Sorry I cannot help more than this. I am surprised that your employer is not being more supportive or that you have not ben advised as to the steps that the process will follow.
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