Is it true that an employee has no right to cross examine ..........

[gretna]

Is it true that an employee has no right to cross examine as part of the disciplinary appeal procedure????

Please help

[woofgang]

In the UK, employment disciplinary procedures are not legal procedures like trials so there is no cross examination at all. In the NHS, people can be asked to attend the disciplinary and to make statements, they are also interviewed and make written statements before the actual disciplinary. Both written and verbal statements may be challenged by by the employee as to their factual veracity but that is usually established before the hearing itself.

[gretna]

Thank you woofgang we have had our disciplinary and wish to appeal with new evidence but our employer has told us that we do not have the right to question witnesses at the appeal hearing what I really need is a statute to direct him too.

[tonywiltshire]

Employment tribunals previously called Industrial tribunals have jurisdiction to hear statutory employment rights claims and some common law claims. In addition they have jurisdiction to hear some claims for breech of contract outstanding at the termination of employment. They were introduced into employment law in 1964 and their jurisdiction, and consequently usage, has since increased considerably.
They are designed to be quicker, cheaper, more efficient and more accessible than the conventional court system. They are also informal, costs are rarely awarded, certain rules of evidence do not apply, but the system is basically adversarial with each party putting its case and being permitted to cross-examine witnesses.

[woofgang]

There is no legal statute and you don't have the right to question. What you can do is present your evidence, eg if someone says that they saw you did x and you can prove that they were at home that day then you present the evidence that their statement can't be correct because.....It will then be up to whoever is conducting the hearing to question the person regarding their statement.

[woofgang]

tony, that it at a tribunal and not an internal disciplinary process.

[tonywiltshire]

Gretna, just read your further posting, if you have a minimum of one years service you can take your employer to an Employment tribunal where the representation can be by you, trade union representative, lawyer or friend, and as said can be very adversarial and often is.
If you do decide on an Employment tribunal make sure you keep within the time limits.

[tonywiltshire]

Woofgang. Thank you very much for your comments; you will of course have noted that my first two words in the posting are Employment tribunals.
Providing gretna has the qualifications the Employment tribunal may be the next stage and one where the opportunity to cross-examine witnesses, which appears to be of importance, exists.

[themas]

tony

The OP talks about an appeal. I assume that means an internal appeal process within the employer's procedure - which is a normal part of the set up. I agree she can go to ET if the case is not resolved & she qualifies on length of service etc. but she has to exhaust the employer's procedure first.

gretna - you could ring the ACAS helpline & explain where you are in the process & get their advice.

[tonywiltshire]

Themas unfortunately you miss the point the first two words I mention are Employment Tribunals and this is unsurprisingly what my comments refer to.
Gretna wishes to cross-examine and she will have every opportunity to do so at an ET.