Work Disciplinary Procedures

[chickx]

Is there any time limits between a investigation into breaching company policy ending and a disciplinary hearing? My husband was told over a month ago he was probably going to get sacked and then got an email today inviting him to a disciplinary hearing tomorrow

[Peter Pedant]

no I think he needs more formal advice perhaps from ACAS ( phone ) or the local CAB - worth a visit

he should have had a written disciplinary code
or been told id one is available

he needs to know the charges
and whether hecan call witnesses
AND whether he can be accompanied ( yes he can) and what the accompanier can do ( carry bags up to address the tribunal)

all of which he has to find out in the next three hours

I dont THINK he can ask for it to be called off
altho he should draw attentnion to all this at the hearing

if they DO have one they are obliged to have given him a copy or made one available
if they dont - then they have to obey the natural rules of justice

as to your question
is there a time limit?
it depends on what the disciplinary code says ( see above)
and no they probably arent at fault on this
but see above for the other implied faults

[Peter Pedant]

pity I cant come down and give his employer hell
( used to be a union rep)

[IJKLM]

He needs representation.
No matter how smart he is; how familiar with the job, or having a perfect previous employment record;, he needs a representative - ideally from a union, or a lawyer.

If he wants any chance of keeping his job.

The employer needs to go through due process if they are intending to sack him.

The first step in that is a disciplinary hearing.

I'm no lawyer, but I would have thought he needs written notice of at least a week, so that he has time to get a witness or rrepresentative to help him during the hearing.

Apart from giving legal/moral and practical help, a witness or supporter means it is much more difficult for the employer to claim he agreed to something, or admitted something when he did not.

Employers do this.
Once it is in the official record of the hearing, it becomes 'true' even if it did not happen. He can dispute it, but there wil be at least two employer representatives in the room, and they can assert he said anything, unless he also has a supporter.

[Peter Pedant]

well - - - he needs advice OK
ACAS will help - phone call
I am pretty sure he can take a rep or co-worker but their duties vary
ACAS will tell you that taking a companion improves chances by 2/3 ( 2/3 of what?)

as for notice - I think it is extremely unwise not to turn up and say - not enough notice.....