Disciplinary hearing - asked to witness

[ClubMan]

Was considering suggesting wearing a hoodie, and hidin, a midget with a camera/tape recorder in it, but the problem is ....

But seriously - doesn't the precise nature, format and rights/obligations in this context really depend on the specific policies of the company in question governing this process? At this stage the original poster must surely have obtained more detailed information on these from the person in question?

 

[shipibo]

Clubman,

Generally witnesses ( I have been one) just sit there, usually to make sure people do not make outlandish statements, threating behaviour or state something and deny it later.

Strange that company has OK,ed external individual (Union, Solicitor excluded) to sit in meeting. Normally it is a member of staff.


Companies should not see this as trouble making, as his job is to witness the meeting, not present a skewed view in favour of friend / work colleague.

 

[Woodstock]

I don't see how this is a disciplinary dispute though - negotiating new contracts should not cause an employee to be brought in to be disciplined?

I would have thought that it is a hr issue of Either providing the option of redundancy or the 2 parties coming to an agreement on a mutually agreeable contract.

I must agree with the above. It would also be very unusual (and considered by the E.A.T. as unreasonable) if your friend was summonsed to a disciplinary hearing and did not have the reasons for the investigation given to her in advance and in writing (if not in writing, request it to be put in writing).

Your friend is entitled to a reasonable period fo time to prepare for this. How can she prepare if its not obvious what the offence is? Also grill your friend as to her previous conduct and HR record. If this is an "exit strategy" in operation, the company may try and leap to dismissal for gross misconduct which they could possibly get away with if there were previous breaches and if there were written warnings on file. However written warnings usually have a life period ( 6 to 18 months) and after that they cannot be used as a stepping stone for the next disciplinary caution.

Absolutely essential - get a copy of the Disciplinary Procedures policy. Your friend is entitled to it by law. It doesnt need to be a confrontation. Ask for it quietly, respectfully but firmly. It may not be a bad idea to ask for a copy of the contract of employment or "Terms and conditions" of employment as well.

Good luck

 

[Woodstock]

Sorry - just noticed date of original posting. By now I presume it's all over. Please let us know how it went?

 

[shipibo]

This was,nt negotiating, this was being told. the person refused, and was called to disiplinary meeting.