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Disciplinary Meeting tomorrow !!

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  • Disciplinary Meeting tomorrow !!

    Hi

    Last week i was asked to speak to my Operations Director regarding an allegation of gross misconduct. I was then verbally suspended by my Line Manager on full pay. An email was sent out to all company employees confirming i was suspended and why - although I have not seen a copy of it (a kind employee confirmed the fact to me). I do not contest the Gross Misconduct, but it condoned by my line manager, and 90% of employees do the same thing on a daily basis which I can prove - therefore I feel i am being used as a scapegoat with inconsistent attitudes to misconduct being carried which management are aware of.

    I have been requested to attend a Disciplinary Hearing tomorrow (Thursday 28th) at 4.00. The meeting request and letter where sent by the Operations Director at 4.15pm Tuesday 26th via email with a PDF unsigned letter from the Managing Director. The allegation is regarding my conduct and states "Should the allegations be found to be true and in the absence of any justifiable mitigating circumstances your actions would be deemed to represent a serious dereliction of your duties, a breach of the Company regulations, actions which would potentially damage the reputation of the Company and would have also sought to have breached the trust and confidence between yourself and the Company." The unsigned letter confirms that the Managing Director will conduct the Hearing, and the Operations Director will be taking notes. No evidence has been provided. Originally I was told by the Operations Director that once the investigation was carried out, he would be chairing the Hearing with another named employee taking Notes.

    My concern is that I cannot attend a meeting tomorrow without Evidence being presented to me, and time to prepare my defence (inconsistent as known and condoned by management). Is it possible to attend the meeting, and confirm to the Managing Director that I want to adjourn as they have not provided me with any evidence to consider and time to prepare (5 working days), or let them proceed, which indicates to me the decision has already been made and they are keen to rush it through. By letting them doing that, does that give me stronger grounds to claim at a EAT once the appeals process has been exhausted. Eg do I let them hang themselves, or point out the shortcoming on the hope we can come to a settlement.

    Kind regards
    Tags: None

  • #2
    Re: Disciplinary Meeting tomorrow !!

    tagging [MENTION=85500]Peridot[/MENTION] [MENTION=26290]mariefab[/MENTION] xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

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    • #3
      Re: Disciplinary Meeting tomorrow !!

      Thank you, I have been with the employer for 3 years 6 months.

      Kind regards

      Comment


      • #4
        Re: Disciplinary Meeting tomorrow !!

        Originally posted by speedyjam133 View Post
        Thank you, I have been with the employer for 3 years 6 months.

        Kind regards
        I'm sure you'll get some advice soon xx
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Disciplinary Meeting tomorrow !!

          I have had a quick read of your post and have the following thoughts:

          1. Not only should be informed of the allegations against you but you should have been provided with all the supporting evidence that the company is going to use at the hearing, in advance of the meeting. This then allows you to prepare your case in advance of the meeting based on the evidence.
          2. Just checking you have been given the right to be accompanied at the meeting?

          I suggest you email the Ops Director acknowledging that you have received the letter to attend a disciplinary hearing however the evidence that the firm is relying on was not contained with the correspondence. State that without this you are unable to prepare your case which means that the disciplinary process will not be conducted in a fair and reasonable way. Request that the documentary evidence to support the allegation is made available to you and that since there is a delay in this being provided a new date should be arranged to give you the time to prepare your case.
          If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

          I do my best to provide good practical advice, however I do so without liability.
          If you have any doubts then do please seek professional legal advice.


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          • #6
            Re: Disciplinary Meeting tomorrow !!

            Hi Ula

            Many thanks for your quick reply. The letter does state the following vague statement "The reason for dissatisfaction is that it has come to light that you have engaged in lendingactivity that you were not permitted to engage in. It is further alleged that you obtainedthe quotations for these activities by unacceptable methods. These allegations areextremely serious and if true are in breach of the company’s regulatory requirements."

            Should I address the letter to the Managing Director who wrote the invitation to attend the discipline hearing? Also would suggest I confirm a time frame on receipt of the investigation evidence to allow me to prepare (eg 5 working days)?

            It has further come to light that both the Operations and Managing Director who carried out the Investigation last Friday with a staff member, were informed that another employee routinely carries out the same misconduct as myself. However, both Directors went to see the employee (who is a manager of another department), and confirmed that yes exactly same offence had occurred but a story was to be put together to show it in a lesser light to the employee who kindly stated he knew of the same offence being carried out, hence why they contacted be as they felt it was unfair. Hence my apprehension that this is a sort of a witch hunt to provide a scapegoat & example to other members of staff. The misconduct was exactly the same. My worry is that both Directors are going to be at the meeting, one as chair and one as the note taker. The company has 48 employees, and included in that are 7 managers and 2 Directors.

            Kind regards

            Comment


            • #7
              Re: Disciplinary Meeting tomorrow !!

              I am not an expert in what your business does but it looks financial related so I can imagine there are strict procedures in place. I would have thought they would be able to evidence "you have engaged in lending activity that you were not permitted to engage in" and "obtained the quotations for these activities by unacceptable methods".

              Yes the letter should go to the MD as they were signatory in the letter inviting you to the disciplinary. In my opinion 2 days is the minimum notice for a disciplinary hearing and 5 days in "normal" depending on the circumstances so yes ask for 5 and see what they say.

              You need to be careful about how you use the "third hand" information you have received.

              Ideally, the person chairing the meeting should be unconnected with the case and not the same person who conducted the investigation. However the person conducting the disciplinary should be someone with authority to make a decision about what action should be taken if any. I think what they should have done is arranged for a manager to investigate if they were going to be the ones chairing and attending the disciplinary. Maybe in your response you should make reference to the fact that for a fair and reasonable hearing to take place the person chairing the meeting should be unconnected with the case and not the same person who conducted the investigation. I would request that at the very least a manager not connected with the investigation should substitute either the Ops Dir or the MD.
              If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

              I do my best to provide good practical advice, however I do so without liability.
              If you have any doubts then do please seek professional legal advice.


              You can’t always stop the waves but you can learn to surf.

              You are braver than you believe, smarter than you think and stronger than you seem.



              If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

              Comment


              • #8
                Re: Disciplinary Meeting tomorrow !!

                Hi Ula

                Many thanks for your reply and ideas. I have email a copy of a my signed letter the MD and await their response. I will keep you all updated.

                Kind regards

                Comment

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