Disciplinary - need quick answers!

Esoteric_

Hiya, I'll keep this brief. It's for a friend.

He was having an inspection done in work today, and the paperwork shows some discrepancies in cash. Absolutely none of the discrepancies happened on his shifts, which he has a paper trail to prove.

They've insisted he go for a disciplinary meeting,miles away from his place of work, to talk it out. They want him there immediately after work today, so have given him 4 hours of notice.

My questions - is he entitled to more notice?

Is he entitled to a witness?

He's happy to go argue about it, because the paper trail in work proves his innocence, but isn't happy about not being given adequate notice, or the permission to have a witness.

Thanks.

Stheno

He's entitled to bring a witness, not sure about the notice.

Esoteric_

Whoa, that was quick! I wasn't sure on either, so that's one clarified. Thanks!

thefinalstage

They need to give 24 hours notice for any disciplinary meeting. If it is a disciplinary meeting.

Esoteric_

poisonedstream wrote: »

They need to give 24 hours notice for any disciplinary meeting. If it is a disciplinary meeting.

They have apparently stated that it is a disciplinary, so that clears that up.

Thank you.

L.Jenkins

4 hours notice doesn't give the lad much time to prepare for the discussion if it is a potential disciplinary hearing. Get him to clarify the purpose of the meeting.

Esoteric_

Itzy wrote: »

4 hours notice doesn't give the lad much time to prepare for the discussion if it is a potential disciplinary hearing. Get him to clarify the purpose of the meeting.

Yeah, that's what I thought. All they said to him was that it's a disciplinary to fix the issue of discrepancies in the money. It's not exactly clear! That's all he's been told, from what he said to me.

Thank you.

tatli_lokma

Actually, I don't think there is any legal obligation for a set amount of notice. The code of practice for disciplinary procedures states nothing about minimum notice. I checked this same issue for a friend and NERA said that there is no set minimum period of notice, but notice must be given and reasonable. If either party feels the notice is not reasonable they can object and provide an alternative date/time giving their reasons

If anyone actually has a link to a legal requirement for the notice please do post it as it would be really useful to know. Personally I think at least 24 hours notice should be given unless the issue is gross misconduct. In the situation OP outlines it could be a GM issue if theft/fraud is suspected, and possibly this is the reason for such short notice? It's reasonable enough for an employer to act quickly if they felt that theft occurred so as not to allow the possibility of covering your tracks if you were indeed doing something you shouldn't

It is important though that OP's colleague be given an opportunity to bring someone with them as a witness. It is also important that they are being given notice of an investigation to determine the facts, rather than a disciplinary where a decision as to guilt/innocence has already been made without the full investigation having been performed. This is a very important issue, as an employer cannot make a decision in the absence of a proper investigation and opportunity for the other party to give their account of the situation. To do so is a breach of employment rights and am EAT would not be impressed at all.

Bepolite

He needs all the evidence presented to him and time to review it and prepare a defense. He should also be allowed to bring a witness.

Are you sure this is a disciplinary meeting and not an investigatory meeting?

Esoteric_

Bepolite wrote: »

He needs all the evidence presented to him and time to review it and prepare a defense. He should also be allowed to bring a witness.

Are you sure this is a disciplinary meeting and not an investigatory meeting?

If they're following procedure, it'll be investigatory,but they called it a disciplinary twice!

Bepolite

Esoteric_ wrote: »

If they're following procedure, it'll be investigatory,but they called it a disciplinary twice!

Yes those terms do get used interchangeably, I'm assuming this is retail.

It's more likely he's attending an investigatory meeting. I'd advise co-operating as much as possible but not being afraid to say; "I'll check that and come back to you" a lot.

Most retail employers in Ireland wouldn't know how to conduct a disciplinary procedure properly though.

Esoteric_

Bepolite wrote: »

Yes those terms do get used interchangeably, I'm assuming this is retail.

It's more likely he's attending an investigatory meeting. I'd advise co-operating as much as possible but not being afraid to say; "I'll check that and come back to you" a lot.

Most retail employers in Ireland wouldn't know how to conduct a disciplinary procedure properly though.

Yes, it's retail. He decided to go to the meeting anyway, and I had already advised him to say he'd get back to them on things if he needed to. He also printed out a paper trail that proves he wasn't in at the times (they do everything by computer, thankfully).

So I guess I'll hear from him later about it.

Thanks so much for the help!

Bepolite

Esoteric_ wrote: »

Yes, it's retail. He decided to go to the meeting anyway, and I had already advised him to say he'd get back to them on things if he needed to. He also printed out a paper trail that proves he wasn't in at the times (they do everything by computer, thankfully).

So I guess I'll hear from him later about it.

Thanks so much for the help!

Issues I've dealt with is where the company insist it's the store managers fault. Is he in charge of a site? Is it his responsibility to ensure things are checked?

Let us know how it turns out and don't be afraid to contact FLAC or such like for proper advice.

Esoteric_

Bepolite wrote: »

Issues I've dealt with is where the company insist it's the store managers fault. Is he in charge of a site? Is it his responsibility to ensure things are checked?

Let us know how it turns out and don't be afraid to contact FLAC or such like for proper advice.

He's not a store manager, just in sales, no responsibility on him to check other peoples' work. If he were manager I'd understand it! I've told him to go to flac and also workplace relations. Hopefully it'll be a good outcome, though! I'll find out later. Thanks again.

Esoteric_

Hiya guys. Just wanted to say thanks again, and update those of you who were kind enough to give me advice to pass on.

He went into the meeting, and brought all the papers with him. After looking at them all, the HR manager told him to relax, he'd done nothing wrong, and said the issue would be sorted out and new procedures put into place so that he doesn't end up being hauled up for others' mistakes.

So, all's well that ends well!


Thanks again. A mod can lock this thread now.