disciplinary procedure

rustopher

can anyone advise on a disciplinary procedure. This seems like a sudden unexpected event I have been faced with. My boss called me in to be seen about an issue which I expected as she spoke to me very abruptly in front of other employees and also blamed me in the wrong for something. So when I came into the meeting she apologised for her unprofessional behaviour. However she didn't stop there, she said that a letter in the post will explain issues she has with me regardless of this and one which happened on the day she lectured me in the wrong...my head was all over the place after that.

Anyway, I have an obvious issue to put to her which is the fact that she doesn't give us holiday pay which she is legally obliged to do. Is it the case that I can only discuss what she has issues with? can I only bring another colleague or union representative with me? I have no one to represent me as it stands. I am not prepared so can I hold her off or do I have to attend this meeting when she refused first hand to speak to me about the issue herself??? Any advice...?

rustopher

I should mention that this is only a 6 hour a week position, which is prob why the boss thinks can get away with not paying for time off.
Is it true that only need to give 24 hours notice of a formal disciplinary procedure as I have been informed?

Thanks in advance..

Eoin

You're entitled to a witness at a disciplinary procedure.

Here's a useful link for a code of practice that's set out. Remember that an employer does not have to follow the same steps (e.g. you're not legally entitled to a verbal warning first), but there are principles that must be adhered to - including the right to a witness etc.

This explains it quite well - I had a quick scan and there doesn't seem to be much mentioned about how much notice they have to give you about the meeting. It's a bit subjective, but 24 hours probably isn't too short.

The procedures for dealing with such issues reflecting the varying circumstances of enterprises/organisations, must comply with the general principles of natural justice and fair procedures which include:

• That employee grievances are fairly examined and processed;

• That details of any allegations or complaints are put to the employee concerned;

• That the employee concerned is given the opportunity to respond fully to any such allegations or complaints;

• That the employee concerned is given the opportunity to avail of the right to be represented during the procedure;

• That the employee concerned has the right to a fair and impartial determination of the issues concerned, taking into account any representations made by, or on behalf of, the employee and any other relevant or appropriate evidence, factors or circumstances.

rustopher wrote:

Anyway, I have an obvious issue to put to her which is the fact that she doesn't give us holiday pay which she is legally obliged to do. Is it the case that I can only discuss what she has issues with?

Unless the issues are directly related, I wouldn't be surprised if they said that's a different discussion.

rustopher

Thank you, I looked it and see that 24 hours is a min requirement but how can a person prepare and get representation in that time? Anyway I am not a confrontational person and the boss knows that. I think I may just hand in my notice and let her win. I can complain up to 6 months after about the other issues to the HR. Unless missing this procedure cancels out everything else.... hope not. I don't want to involve another colleague in this matter and I cant use any one outside of work, I am not with a union.

Irish_Elect_Eng

Bring a HR person as a representative if you do not want to bring a colleague.

That should ensure due process.

Eoin

rustopher wrote: »

Thank you, I looked it and see that 24 hours is a min requirement but how can a person prepare and get representation in that time? Anyway I am not a confrontational person and the boss knows that. I think I may just hand in my notice and let her win. I can complain up to 6 months after about the other issues to the HR. Unless missing this procedure cancels out everything else.... hope not. I don't want to involve another colleague in this matter and I cant use any one outside of work, I am not with a union.

Don't make it that easy for them!

Is it a serious issue that they're investigating?

rustopher

Thanks Eoin,

decided not to make it easy, I refused to go through with the disciplinary procedure but wrote an email regarding the issues in the letter. At the end of letter I said we can further discuss it on my next shift. Regarding a representative HR are in UK and I am in Ireland. When I called then re the issues they said they do not get involved in matters and that I would have to settle it with her only. I was not expecting that. However, the next day I was in, she said we would speak at the end of the shift. When we sat down to speak, she took me by surprise when she said she agreed with everything on my email, except one issue. She agreed more or less with my issues and said she wanted to try to resolve our discrepancies. You can imagine my relief on hearing all this. The one thing she had left out was an apology which I believe she owed me. She must of been aware how much of a bully she was as she asked me if the weight I lost was to do with the job?!! She is now crawling and asked me how we can sort this out and put it back on her and said you tell me.

I did hand in my notice and the first thing she asked me to do is sign a note re my verbal notice so I know she is still occupied with getting me out of there. I am not signing anything else without taking it with me and dissecting it first. She is so blunt about it I said to her that your first priority is getting me out of here and she replied saying "I have an issue with that and how can we resolve it"? I now know how...I am going to try and get all the holiday pay never paid me for as far back as I can. Only thing is I think I can only go back as far as 12-18 months?!!

Thanks , and sorry for the rant. Its just I knew that I was right and she was sooooooo wrong in this situation!!!!!!!!!!!!!!!