Disciplinary Action
Author
Discussion

DWS

Original Poster:

657 posts

247 months

Sunday 25th November 2012
quotequote all
Help/advice wanted,
I have been asked by a Colleague to attend a Disciplinary hearing as her representative. Her Union rep isn't available.

I know a bit about HR but need to know what my responsibilities are. Both to her and what I should/should not say at the interview, if anything.


Any help appreciated.

Dick

extraT

1,876 posts

179 months

Sunday 25th November 2012
quotequote all
Basically, you can be as bullish as you like, ask those awkward questions- the employee has to be reserved, not lose their cool etc...

Your job should be to stand up for the employee, get the full facts, pick holes in the Managers' defence and expose their (the Managers' weakness)

If her union rep isnt available, you could try and get the date rearranged for a time when all parties are available.

anonymous-user

83 months

Sunday 25th November 2012
quotequote all
extraT said:
Basically, you can be as bullish as you like, ask those awkward questions- the employee has to be reserved, not lose their cool etc...

Your job should be to stand up for the employee, get the full facts, pick holes in the Managers' defence and expose their (the Managers' weakness)

If her union rep isnt available, you could try and get the date rearranged for a time when all parties are available.
Hohoho! Yeah, do this. That will fk up your career as well. Brilliant!

mph1977

12,467 posts

197 months

Sunday 25th November 2012
quotequote all
extraT said:
Basically, you can be as bullish as you like, ask those awkward questions- the employee has to be reserved, not lose their cool etc...

Your job should be to stand up for the employee, get the full facts, pick holes in the Managers' defence and expose their (the Managers' weakness)

If her union rep isnt available, you could try and get the date rearranged for a time when all parties are available.
some employers will not allow people who are not (trained and) accredited union / professional association reps to act as a representative in disciplinaries only as an analogue to a McKenzie friend.

davepoth

29,395 posts

228 months

Sunday 25th November 2012
quotequote all
From the ACAS Code of Practice on Discpline.

ACAS said:
The companion should be allowed to address the hearing to put and sum up the workers case, respond on behalf of the worker to any views
expressed at the meeting and confer with the worker during the hearing.
The companion does not, however, have the right to answer questions on
the worker’s behalf, address the hearing if the worker does not wish it or
prevent the employer from explaining their case.

extraT

1,876 posts

179 months

Sunday 25th November 2012
quotequote all
REALIST123 said:
Hohoho! Yeah, do this. That will fk up your career as well. Brilliant!
Excpt, in theory, that's not the case: in this case the OP is impartial, and this hearing should have no bearing on him or his promotion prospects. I assume that since the OP has been asked to represent 'the accused' he is intelligent enough to know when to be bullish and when not to be rude.

whoami

13,200 posts

269 months

Sunday 25th November 2012
quotequote all
extraT said:
Basically, you can be as bullish as you like, ask those awkward questions- the employee has to be reserved, not lose their cool etc...

Your job should be to stand up for the employee, get the full facts, pick holes in the Managers' defence and expose their (the Managers' weakness)

If her union rep isnt available, you could try and get the date rearranged for a time when all parties are available.
Bad advice.

WhereamI

6,887 posts

246 months

Sunday 25th November 2012
quotequote all
extraT said:
REALIST123 said:
Hohoho! Yeah, do this. That will fk up your career as well. Brilliant!
Excpt, in theory, that's not the case: in this case the OP is impartial, and this hearing should have no bearing on him or his promotion prospects. I assume that since the OP has been asked to represent 'the accused' he is intelligent enough to know when to be bullish and when not to be rude.
In a fantasy perfect world I'm sure you are right...

ETA I'd recommend just being a witness and a McKenzie friend (someone who doesn't say anything but is there to consult and advise). I'm not saying you can't speak but I would suggest it's probably best not to.


Edited by WhereamI on Sunday 25th November 20:46

extraT

1,876 posts

179 months

Sunday 25th November 2012
quotequote all
whoami said:
Bad advice.
What is your advice then?

whoami

13,200 posts

269 months

Sunday 25th November 2012
quotequote all
extraT said:
whoami said:
Bad advice.
What is your advice then?
To read your post and then do exactly the opposite.

ribenavrs

555 posts

225 months

Sunday 25th November 2012
quotequote all
whoami said:
To read your post and then do exactly the opposite.
+1 thumbup

jontymo

848 posts

179 months

Sunday 25th November 2012
quotequote all
extraT said:
Basically, you can be as bullish as you like, ask those awkward questions- the employee has to be reserved, not lose their cool etc...

Your job should be to stand up for the employee, get the full facts, pick holes in the Managers' defence and expose their (the Managers' weakness)

If her union rep isnt available, you could try and get the date rearranged for a time when all parties are available.
Your job should be to support your colleague and not to be a id like the advice above. You should find out from your colleague all the facts as, if they have done something wrong it may be a damage limitation exercise. Try to find out if anyone else has been through an investigation or disciplinary for the same issue so you can foresee the possible outcome and form your responses, also remember your colleague should be answering the questions with you stepping in to help.
Take in a pen and pad and try to get the major details down although the HR person should also do this.

Please do not take the advice from earlier!!!!!!!!!

jontymo


Edited by jontymo on Sunday 25th November 22:00

DWS

Original Poster:

657 posts

247 months

Sunday 25th November 2012
quotequote all
Thanks all,
I was of the thought that we would hear what the manager has to say and then suggest that we adjourn in order that my coleague can get her facts/defence together. No specific items have been mentioned in the "Disciplinary letter", though she has been informed about some apparrent "errors" in a meeting this week.

As to my position, and posible promotion, to be honest IDGAF. I have been there and got the tee shirt, starred in the video. Only went back to do some training but got taken on 3 days a week after a year. No I don't want to loose my job but I don't like to see people being bullied either, as I beleive she is being.

Thanks for all the advice. Much appreciated.

whoami

13,200 posts

269 months

Sunday 25th November 2012
quotequote all
jontymo said:
extraT said:
Basically, you can be as bullish as you like, ask those awkward questions- the employee has to be reserved, not lose their cool etc...

Your job should be to stand up for the employee, get the full facts, pick holes in the Managers' defence and expose their (the Managers' weakness)

If her union rep isnt available, you could try and get the date rearranged for a time when all parties are available.
Your job should be to support your colleague and not to be a id like the advice above. You should find out from your colleague all the facts as, if they have done something wrong it may be a damage limitation exercise. Try to find out if anyone else has been through an investigation or disciplinary for the same issue so you can foresee the possible outcome and form your responses, also remember your colleague should be answering the questions with you stepping in to help.
Take in a pen and pad and try to get the major details down although the HR person should also do this.

Please do not take the advice from earlier!!!!!!!!!

jontymo


Edited by jontymo on Sunday 25th November 22:00
Why did you edit this from, "please don't take advice from the yid"?

confused

jontymo

848 posts

179 months

Sunday 25th November 2012
quotequote all
Cos i thought i should not really put out my view of someone i don't know. Why question it and bring it up for all to see?

whoami

13,200 posts

269 months

Sunday 25th November 2012
quotequote all
jontymo said:
Cos i thought i should not really put out my view of someone i don't know. Why question it and bring it up for all to see?
Why post it?

anonymous-user

83 months

Monday 26th November 2012
quotequote all
The employer should give the employee reasonable advance notice of the allegations against him or her. As noted above, the employee's colleague should not be aggressive at the meeting.

anonymous-user

83 months

Monday 26th November 2012
quotequote all
whoami said:
Why did you edit this from, "please don't take advice from the yid"?

confused
jontymo said:
Cos i thought i should not really put out my view of someone i don't know. Why question it and bring it up for all to see?
I think that asking why you referred to another poster as a "yid" is a very legitimate question.

NoNeed

15,137 posts

229 months

Monday 26th November 2012
quotequote all
Firstly gather all the factsand statments both for and against the employee.
Secondly get a copy of yhe disciplinary procedure and familiarise yourself with it.

Now it could be that when you hear the facts that the employee has clears broken riles and you can advise accordingly. And assuming management have followed the procedure correctly it may be best for the emlloyee to jusy appear appologetic.

Or it coild be that the employee ia innocent or that management have not followed their procedures in which case you need to be able to explain what is wrong and why you think it is wrong.


Don't lose your cool and don't be afraid yo ask for an adjournment even if its just a few minutes to keep your head cool.

extraT

1,876 posts

179 months

Monday 26th November 2012
quotequote all
Breadvan72 said:
whoami said:
Why did you edit this from, "please don't take advice from the yid"?

confused
jontymo said:
Cos i thought i should not really put out my view of someone i don't know. Why question it and bring it up for all to see?
I think that asking why you referred to another poster as a "yid" is a very legitimate question.
Wow.