1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Disciplinary Hearings advice please chaps and chappettes!

Discussion in 'General Discussion' started by AndyPants, 16 Jun 2006.

  1. AndyPants

    Gangster

    Joined: 3 Jan 2003

    Posts: 141

    Location: Stockport.

    Simply, my wife has been called for a disciplinary hearing today at morrisons, where she works, obviously! duh. Anyway, when is comes to a representitive, shes stuck, there are no union reps on, and due to the nature of the hearing, basically someone whos meant to be a friend has reported her for something minor but made out to be big. Problem is she dosnt know exactly which one it was. SO, she doesnt want a staff member because they just sit there do nowt, and she wont be sure if its the person that bubbled her..

    My query is, ive searched thy net, i cant find anything that says that I cant be with her, i have read on several sites that I can is she wishes. Before getting into a ruck with her manager of this, can anyone tell me if im allowed?

    Thanks lads and lasses for your responses!
     
  2. Kell_ee001

    Capodecina

    Joined: 19 Oct 2004

    Posts: 12,387

    Location: Jesmond

    Get her to ask the HR dept - only way to be sure :)
     
  3. jpmonkey69

    Mobster

    Joined: 27 Aug 2003

    Posts: 3,000

    If you are there, make sure you take notes, maybe even ask to record the conversation.... IIRC in a DH you can take anyone you like with you.
     
  4. Morba

    Caporegime

    Joined: 7 Mar 2003

    Posts: 28,189

    Location: Krispy Kreme drive thru

    do you have reps that are not on shift? surely they should wait until 1 is on shift.

    i think in most cases the person who accompanies you is there to take notes only, they are not allowed to represent you unless you appeal, tho that maybe incorrect.
     
  5. Luke

    Soldato

    Joined: 19 Jul 2005

    Posts: 7,052

    Location: S. Yorkshire

    The process will be different from company to company.
    As has been suggested, the central HR department will be able to give guidance. (note: Don't speak to the in store HR rep, as they will likely give you advice that make their own life easier).
     
  6. Skywalker

    Wise Guy

    Joined: 3 Dec 2003

    Posts: 2,486

    Location: brighton

    If there is no rep then the meeting has to be set for a future date when one is available . As regards to you going - You can but you are there as a 3rd party and not intitled to say anything and just take notes
     
  7. Psymonkee

    Capodecina

    Joined: 24 Feb 2004

    Posts: 13,952

    Location: St.Andrews

    iirc from my disciplinary (which is still uner appeal - over a month now) it can be a union rep OR a work collegue - no one else :/
     
  8. Skywalker

    Wise Guy

    Joined: 3 Dec 2003

    Posts: 2,486

    Location: brighton

    Untrue im affraid - What if you wanted to take a lawyer
     
  9. AndyPants

    Gangster

    Joined: 3 Jan 2003

    Posts: 141

    Location: Stockport.

    Skywalker, thats almost exactly what i have read. That it your legal right to have representation in the form of Union Rep and/or work Colleague. But if you wish to have a Lawyer/Friend/Spouse then as long as you tell them then its ok. Thanks for all your replies guys and gals, Much appreciate :)
     
  10. Psymonkee

    Capodecina

    Joined: 24 Feb 2004

    Posts: 13,952

    Location: St.Andrews

    Personally I don't know but I just putting up what I was told. However since we had a new Manager less than 6 months before my incident I think I got the royal screw job to be made an example of :|
     
  11. Sputnik II

    Mobster

    Joined: 5 Nov 2004

    Posts: 2,547

    The hearing should be held off until such times that a on site union rep or a rep from the union itself is available for the hearing.
    Its worth getting someone thats used to dealing with these kind of things as they know ways to deal with them and could often make the case null and void.
     
  12. Skywalker

    Wise Guy

    Joined: 3 Dec 2003

    Posts: 2,486

    Location: brighton

    You have to give them written notice if your attending 24 hours in advance unless it was an on the spot call into the office

    If no rep can be made avaliable and they dont want to change the date then let it go on and then put the appeal in and then it will all be forgotten about as they havent followed company procedure

    I only know this because I was a rep for about 8 years - Oh and I also got done for sexualy harrasing and beating up another male work mate :rolleyes: Although no evidence was present

    Need anymore help with this then catch me in msn
     
  13. Psymonkee

    Capodecina

    Joined: 24 Feb 2004

    Posts: 13,952

    Location: St.Andrews

    mind if I add you? got a couple of q's as well tbh :)
     
  14. Skywalker

    Wise Guy

    Joined: 3 Dec 2003

    Posts: 2,486

    Location: brighton

    Go for it , £15 an hour plus vat if you need a reciept :D
     
  15. Psymonkee

    Capodecina

    Joined: 24 Feb 2004

    Posts: 13,952

    Location: St.Andrews

    Damn & I'm broke just now :(
     
  16. Spie

    Godfather

    Joined: 17 Oct 2002

    Posts: 13,055

    There is no right to take a lawyer to a disciplinary meeting, just another member of staff or a union representative. It's a meeting at work not a court hearing.
     
  17. Yan816

    Gangster

    Joined: 18 Oct 2002

    Posts: 455

    Representation can only normally be made by a union rep and normally only a friend who is also employed by the company can go in with her, and in both cases, they are usually from the same area or branch.

    Is this a fact-finding interview? Or has she actually been accused and about to be disciplined? Again, in both cases she should be able to ask for the meeting to be postponed until a Rep can be present. Normally 7 days notice should be given prior to a disciplinary so that arrangements can be made for union representation.

    Although I am a CWU Rep, I have attended courses run by the TUC and there seems to be very little difference in the way disciplinary cases are dealt with.

    If I were you, I would ask for the case to be postponed until a Rep becomes available. There is no point paying union subs if you are not going to make use of them. If she is forced to attend the meeting, make it clear that she wants representation and refuse to sign anything they give her. So long as she belongs to a union that is recognised by the employer, she is legally entitled to representation.

    There must be some union literature around that has a contact number on it for her local branch, please phone them for guidance. Please, Please, don’t get into a ruck with her manager, this wont help her case.
     
  18. Skywalker

    Wise Guy

    Joined: 3 Dec 2003

    Posts: 2,486

    Location: brighton

    But you have the right to take anyone with you which it stats in the handbook
     
  19. Yan816

    Gangster

    Joined: 18 Oct 2002

    Posts: 455

    True. If it was an offence covered by criminal law then the police and courts would be involved and the union would provide help getting a lawyer. It's usually only a rep or work colleague from the site that is allowed to attend the meeting.
     
    Last edited: 16 Jun 2006
  20. big_white_dog84

    Wise Guy

    Joined: 8 Jan 2004

    Posts: 1,188

    IIRC if she asks the grass then he/she would have to refuse because he/she is not impartial. This might be a good way to flush the grass out.