Help With Disciplinary Issue

Reba

Hi,

I am a newbie here, but have registered as I have seen some very sound advise been given by posters who know their stuff.

My issue is as follows:

My boss has invited me to a disciplinary hearing, but has failed to specify the sanctions that could be imposed. He has also failed to provide me with any evidence, reports or witness statements. He has spoken to me on this issue informally and I was not given any notice that it could potentially be a disciplinary matter, he has also interviewed other staff members and omitted to inform them they could be potentially called and questioned at a discipliinary hearing. He has taken no signed statements from anybody he has interviewed.

My question is, should I reply to his invitation requesting that he provides these missing procedures or should I let him go ahead and react according to the outcome?

I'm not sure the best way to handle this, I would be grateful if anyone could give me some advise.

Many thanks in advance.

Jo King

Write to him and ask him to put the allegations against you in writing and to give you a precis of the evidence against you.

bbam

I would go either if two ways with this one...

IF there are grounds for the diciplinary procedure maybe you shouldn't start with too many formal mails and requests, you may want to get out of jail on this and a softly-softly approach may be best (only you will know this).
OR
IF you are in the clear, don't be afraid to be formal, I would always appreciate a conversation from an employee before a letter/e-mail arriving but whatever you're comfortable with.

taibhse

You are also entitled to have either another staff member in there with you or a union official if you are a member. This would be a good option if there is likelihood that your boss will start throwing evidence and witness statements at you without you being prepared for it.

Darragh29

Jo King wrote: »

Write to him and ask him to put the allegations against you in writing and to give you a precis of the evidence against you.

This is the best advice you will get OP. Insist upon all matters that your employer is raising, being presented to you in writing and undertake to reply to any matters raised, in writing within the shortest possible timeframe, after you have had the opportunity to seek legal advice.

Once an employer gets the message that you are prepared to use legal means to preserve your employment rights, they usually start to back off big time and give you a lot more respect.

Olduvai

Have you got a contract of employment? First, the contract should clearly tell the process that is to be followed in the disciplinary process? Has this been followed? Secondly, you have the right to be given in advance the exact reason for the disciplinary hearing and likely consequences. You also have the right to have another person present with you during the disciplinary hearing. That is advisable and that person can be a union member, solicitor, friend etc. Whatever you do, do not resign.... let the employer take whatever action they propose to take. The reason, if this case goes to unfair dismissal the employer will have to present its case first to the employment tribunal.

I would advise that you also contact the National Employment Rights Authority (NERA) who may also be able to give you valuable advice.

Reba

Many thanks for all your advise, most helpful:D