Posted By halesowen Baggie
I cant believe what has happened today!

A member of staff came to my office asking for some advice on the working time directive. This employee did not want to approach any other manager with the issues he has. I do not consider myself competent in this area so I gave this employee the phone number of the health and safety officer who though not employed on this contact, works for the same firm as I do (My contract falls under his remit for health and safety).

I am now being asked to attend a disciplinary meeting for 'Failure to adhere to contract management hierarchy for issue escalation'. What should I do?

Posted By John Watson
Without knowing the full facts its hard, but this smacks of them looking to want to give you a kicking for some other reason and this is the only way they have found to do it. Seems very petty, if it gets upheld I would make sure that they follow this "rule" everytime, otherwise its discrimination.

Regards

John

Posted By Philip McAleenan
Paul,

You will receive a lot of advice and opinion on this forum, but at the end of the day you must seek the assistance from your union representative or speak to a legal advice centre, bringing with you all the relevant documents from T&C of Employment, to company policies and procedures, and the letter stating the purpose of the disciplinary hearing. Give some consideration to witnesses and others who will provide support.

You are entitled to have a clear unambiguous statement of the specific breach you are alleged to have committed, i.e. a statement on how you are supposed you have “failed to adhere … etc.” You are entitled to confront any and all who have made the allegations so that you may question them.

Disciplinary procedures are serious matters with serious outcomes, particularly if it goes against the employee, and therefore not to be treated lightly. Your employer will rightly accord little weight to any opinion or advice from this forum, but formal representation by your union is a different matter.

I am experienced both in personnel and as an employee representative; if you wish to discuss any matter offline in confidence, drop me an e-mail,

Regards, Philip

Posted By halesowen Baggie
Thanks for all the advice.
I have told the person conducting the disciplinary that I would like the MD of our company in the interview with me (This sparked an immediate phone call, asking me to think about what I am doing, and telling me to calm down, from both the person doing the interview and the Health and Safety Officer). I am sending him an email explaining exactly what has happened and asking him to attend as my representative.

I know he wont attend (we are a massive company) but at least he will know what is going on at one of his workplaces.

Posted By GeoffB4
First thing to do 'never admit that you have made a mistake'

Actually, but not specific to this case, sometimes it is best to do just that and admit it.

I wonder about the moral values of a nation when we accept without question the insurance advice not to admit liability - and which in turn is based purely on monetary values.

Posted By Kieran J Duignan
In the course of any meeting, ask for clarity about the substantive issues raised about the Working Time Directive, so that the forest doesn't totally obscure the starting point.

Posted By The toecap
I went through the disciplinary process because i wouldn't remove an accident to a member of public from the database. I was dismissed a week before Xmas.I will be appealing but, i will also be looking for an another job.

Posted By Phil Grace
Opps - sorry abotu typos - too quick on the "post it" button....!
Phil

Posted By Gilly Margrave
With all due respect I don't think a psychologist would be as useful as an employment lawyer.
I'm not a lawyer but IMHO it appears that you may have been unfairly dismissed. You need to write to your employer informing them of you intention to appeal their decision and asking what their procedure is.
If you have not received a response after 28 days (or if they confirm your dismissal) you may need to submit an ET1 to the Employment Tribunals:

http://www.employmenttri...ov.uk/claim_form_et1.asp

It is important that you do this quickly as ET1s have to be submitted within a strict 3 month timescale.

If you are a member of a Trade Union you should contact them ASAP.
If not it would be wise to seek advice from one of the specialist law firms - If you e-mail me I'll give you a list.

Gilly

Posted By Kieran J Duignan
Curious the prejudcial views expressed about 'psychology' and 'employment law'.

As someone qualified and experienced in both, I can simply observe how they have much in common relevant to the original question raised, provided they are approached without prejudice.

Posted By garyh
If I was treated like this, I would defend myself as above. Then walk.

Posted By Lilian McCartney
IOSH's membership helpline can offer free guidance on employment law.

Phone them, the number is on back of your membership card.

If not an IOSH member then contact another agency as previously advised above..

Good luck

Lilian

Posted By GARRY WIZZ
Having come across a number of sacking cases,i.e. the whole of the night shift, more managers that I can remember the names of, yep it was a very very large national company with all the resources you would expect.

When your in the kangaroo court the best advice I could offer is shut your mouth, least said the better.

Seems to work because the company is paying out significant sums of money for wrongful dismissal, and I mean significant. Did hope they would sack me, had to quit instead.

garry

Posted By Jean
I wish you all the very best.

Posted By Bob Baynes
Glad things turned out OK, good for you. Now what about Toecap? How are you doing?

Regards

Bob Baynes