ChatterBank1 min ago
Disciplinary Query
My friend is going to work today for a second disciplinary for the same offence, not a repeat offence, the very same one he had first disciplinary for. They had, as far as he was aware, been satisfied that it was dealt with the first time, but now he has another today. Are the company wrong, and trying to force him out of the job because his face doesn't fit?
Answers
No best answer has yet been selected by chelsea_girl. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.did he do it ? if he didnt he has to marshall all the evidence that he was innocent - some more may have come out.
at the second discipliary ( in my day the bag carrier ( me) was allowed to speak, but mostly that has gone) - as soon as they read out the charges, allegations
he should make a case - he has to ask to be heard - that this case has been heard before and it is a principle of English Law not to revisit these things. Try to use "unfair" as often as possible
they will most probably say - well we gonna
and then you proceed onto the new hearing....
I don't see how two "disciplinaries" for the same offence can be justified.
well our poster should be constructing a little speech saying it isnt ( justified) in English Law
Aren't there rules about how employees can be treated ? Yeah if the employer has a disciplinary code he MUST make it available and act according to it.(*) Otherwise it is according to the rules of natural justice of which there are mighty few
(*) in the internal case I was involved in, the minion said - oh there are two (disciplinary codes), and I dont know which is gonna be used !!!!
and the employer ( NHS incredz) was VERY unwilling to accept that this was contrary to the Employment Act ( one only) and obviously unfair.
One tribunal member made a face at me early on. Tongue in cheek and eyebrows raised so I spent the next eight hours gurning at her ( nothing subtle, but like coco the clown and a tad of Judge Judy) at points favourable to the accused. This charade was seldom referred to for the rest of my employment