O/T: Discipline Procedures

[DMMS]

QUOTE

Now in your case the director has without a hearing decided your puishment! Any tribunal would laugh at that and you would win assuming you claimed.

Not entirely true.  One thing that needs to be stated at the outset is that the vast majority of documentation found in the ether (ACAS included) is guidance only, is not enforceable under law and, as such, cannot be relied upon.  It is "best practice" if you like.  

The director, by advising you of his intentions in the first instance, is following the standard disciplinary and dismissal procedure as required by statute.  Unless you are being dismissed immediately, the procedure possesses three steps:  (i) the employee is advised of the employer's intended action; (ii) the employee and employer meet; and (iii) the employee has the right of appeal.

Whilst it may be the last thing you want to do, especially if you feel aggrieved, it is most important that you allow the procedure to pass through the necessary stages, keeping exact records of everything that has transpired.  If, once the process has concluded, you feel it necessary to take the matter to appeal, your compliance will be considerably in your favour.

[Tubs]

If you were following the company's written procedures at the time of the incident, then I don't believe that you can be accused of misconduct. Therefore, if he does give you a written warning I wouldn't worry about it.

If you were not following procedures, then accept the warning, even if it is harsh.

If there are no written procedures, then they can go whistle as in my opinion they will be failing their health and safety requirments.

Whatever the outcome it does sound as if you would not be happy working with this director so I would be looking elsewhere.

But don't let it get to you, life's too short, so go for a nice drive and get it back in perspective.

Hope all goes well.

Tubs

[jeff oakley]

Now in your case the director has without a hearing decided your puishment! Any tribunal would laugh at that and you would win assuming you claimed.

Not entirely true.  One thing that needs to be stated at the outset is that the vast majority of documentation found in the ether (ACAS included) is guidance only, is not enforceable under law and, as such, cannot be relied upon.  It is "best practice" if you like.  

The director, by advising you of his intentions in the first instance, is following the standard disciplinary and dismissal procedure as required by statute.  Unless you are being dismissed immediately, the procedure possesses three steps:  (i) the employee is advised of the employer's intended action; (ii) the employee and employer meet; and (iii) the employee has the right of appeal.

Whilst it may be the last thing you want to do, especially if you feel aggrieved, it is most important that you allow the procedure to pass through the necessary stages, keeping exact records of everything that has transpired.  If, once the process has concluded, you feel it necessary to take the matter to appeal, your compliance will be considerably in your favour.

I wish this was the case in practice. I have had a lot of experiance of diciplinary actions from an employers point of view. We employ a specialist HR consultant to advise and the files I see from other companies where they have had a "shoot from the hip" decision is almost universally kicked out of the tribunal. So far we have never lost one because we follow what we are advised is a lawful procedure as I explained.

Martin could walk if he has another job to go to, but if not why should he feel he has to? If his hand book and company disciplinary procedure is not followed to the letter then the company is wrong.

Without full details of the incident full sight of the handbook and procedure it is difficult to say, as some things are best practice.

I would wait and see then you can decide in the cold light of day what is the best approach for you. If it comes to it take advice from someone who is an expert not off here (I include myself in that)

[Liam]

(DMMS @ Nov. 07 2006,14:54)

QUOTE

All employers are obliged by the Employment Act 2002 (Dispute Resolution) Regulations 2004 to introduce a statutory dispute resolution procedure ie a dismissal and disciplinary procedure (DDP).

Failure to follow the DDP will automatically render a dismissal unfair.