Formal disciplinary meetings - opening the meeting
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- Опубликовано: 6 апр 2017
- . Opening the meeting
Key learning points:
Present at the meeting will be:
• the manager
• a note taker
• the investigating manager
• the employee
• the employee's representative (if they choose to be accompanied)
• It is important that everyone knows their role at the meeting.
• The manager needs to be clear that his/her role is to decide whether disciplinary action should be taken and, if so, what sanction is appropriate.
• Balance of probability - are allegations substantiated?
• The manager should check that the employee has received all the relevant paperwork and understands the allegations being made. If the employee has additional paperwork or they haven't seen all the paperwork that the manager wishes to rely on, the meeting should be adjourned for a short while to allow everyone to get up to speed.
• It is a good idea to clarify at the outset the confidential nature of the meeting to all present.
• The manager should also check that the employee is aware that they are allowed to be accompanied.
When he said sit down, i would have sat at the other end of the table. No way on earth would I have had 2 of them on one side and one sitting right next to me! That looks like a deliberate attempt to make the employee feel that they have someone on their side. HR are never, ever your friend
I had one of these. I temporarily lost sight of the sane world, turned into a cubicle-a-saurus, hopped up on my desk and began screaming like a raptor.
😂 😂 😂😂😂
It happens.
it should be noted that employee statements should be on the table for all to view during discussion
Excellent display of administering a reprimand!
Peter should have corrected minutes at the end. They say Peter did not want to be accompanied. Peter should've corrected he wanted to be accompanied by his wife, but that isn't permitted.
I agree.
Well said sir
Peter was already advised that he would not be allowed to be accompanied by a family member. It's Peter's responsibility to arrange a companion to attend and the disciplinary manager was correct in pointing out that he was entitled to be accompanied giving him the opportunity but Peter declined representation.
This is a typical setting when they want you out. Nobody in that room is there to support the employee. HR is never there for you, they represent the company. Good luck Peter on your new adventures.
He wanted his wife present because she is the CEO of the company.
Ovbiously not or else she would have been able to attend you mong
Yup and he is alone in the meeting!!!
Never make this mistake people.
The dictated terms are also wrong. The representative can in multiple circumstances, answer questions on the employees behalf and even adjourn the meeting.
Infact if the company reps were to not recognise me as the employees representative I would immediately adjourn the meeting until such a time as they did.
If you go to any investigative or disciplinary meeting without representation, expect a very confrontational approach from the company, unlike anything you would experience when having representation with you.
Seriously, sometimes just having good representation with you can see the company reps piss themselves right then and there.
Never go in to these meetings alone. EVER!
Completely agree with this.
I have a meeting on Thursday with HR I won't be going alone. I had previous meetings with them, they were hostile.
This next meeting is in regards to disciplinary action, I think they will dismiss me.
Any advice on what I should do in the meeting?
@Gehan Oates Although big companies consider almost anything serious misconduct these days, or at least try to label it as such. It takes something pretty damning for instant dismissal.
You would have to be putting co-workers, company product or equipment at risk of harm.
If it's an actual disciplinary meeting, then im guessing they've already given you a chance to respond to a set of allegations.
Only real advice I can give, is to have representation and take really good notes on everything said. Always keep a paper trail. Email hr every step of the way confirming what was said etc. Times, dates, exactly who was present. You may need this stuff if you want to make an unfair dismissal claim later on.
@@dimelett55 I have recorded all our meeting so have they. I have copies of all the recordings. They are trying to turn things on me by saying I am uncooperative, it's actually them. I have evidence that they broke the equal opportunity act. They seem to be ignoring this fact, even though I explained it to them. They want to focus on anything but that. I have times dates and recordings. They even offered mediation but never came through with anything.
@@dimelett55
Absolutely NOT THE CASE a union rep or companion CANOT answer any questions directed at the defendant or on their behalf. This is dangerous advice.
The company don't have to recognise you as the defendants representative and if your an outsider they don't even have to allow you in the building.
A union rep is also expected to provide identification on arrival.
There is No Right to be accompanied at an investigation meeting, again dangerous advice.
You've stated that "the company representatives will p*ss themselves if the employee has a representative"
Again, This is Not the case, an HR professional is highly skilled in all areas of employment law, far more than a union rep.
There is no legal obligation to keep proceedings confidential..
What if the employee fails to attend the disciplinary hearing without a good reason?
Then they get fierd
They are happy about it because it makes it harder for others to compete when they were just facing competition
That man said he wanted his wife and then the man told the HR to write he did not want anyone!!! So bad hearings and contradictory, law needs to change or something to alllow a member of family to be present not everyone has a rep and a worker is too frightened to say any or do anyting its all for the employer and not the employee three against one man in that room disgusting
These companies frequently lie and there should be a witness to put the other side of the story. I worked for a water company that was fond of giving disciplinaries for the slightest infraction. In fact there was one employee that had over 50 verbal warnings running concurrently on her record.
They told people that they wanted them to use their initiative, but when I did, I was invariably punished for it.
One day a complaint sample came in and stunk of petrol, I was doing sample registration that day and as such was in early, so I decided to assign it extra fast track analysis as I could clearly see that there was something dangerously wrong with these people's water supply. That earned me a verbal warning.
We had a total organic carbon machine and we used to get some clearly really crappy samples in. If you have a crappy sample then the machine does not return to baseline before analysing the next sample, so the following result will not be accurate. So the obvious solution is to put in a blank sample following each crappy sample to re establish the baseline. Manager sees this goes nuts, another disciplinary. I she says the standard operating procedure does not say to do this and I counter with, it does not say not to do it and it is simply common sense if you want accurate results.
I go on to say that I have serious reservations about some of the crappy samples that we are putting in the machine and that perhaps those samples should be left to settle and be decanted in. She says that would not be a representative sample. I concur and say that in that case the solids in these samples should be homogenised first as these big bits are likely to clog and damage the machine and these sample are already causing unreliable results further down the line. Another verbal warning.
The inevitable happens and the glass reaction vessel develops a crack and the boss tries to make out that I have sabotaged it and because I can not fix the glass reaction vessel with superglue and make it work, cue another disciplinary. Thankfully, I could prove that the vessel must have cracked while it was in use by someone else and it was definitely not me who had sabotaged it as per her accusation.
Always go with a Union representative. Unite the union are the best and they can help you a lot in this hiring disciplinary. They know a lot about the law and they know your right and so they can defend you and actually put the company in silent, btw never trust HR, managers that work in the company, do not thing they are there to help you, they will always trying to talk to you in a nice way and ask you a lot of question to fishing for information, be really careful to do not increamenate yourself that why the best advise if to go in any kind of meeting accompanied with one Union representative, I done it and they had helped me a lot. Please don’t trust the company hr or managers that will be in this meetings cause they are employed by the company so they will only care about the company and not of you.
It's not a statutory right to be accompanied at an investigation meeting and your employer can require you to attend alone without notice.
Having a union representative present at a disciplinary hearing doesn't worry HR as they know the limitations of their role what a union can and can't do.
They are there as a witness and cannot answer questions on behalf of the defendant or do anything to prevent the manager from conducting the hearing.
I love the way that even in this onstructionalvideo HR and the chair twist things.
He says 'i wanted to bringy wife but hr said no' which is factual.
Hr jump in 'we exaplained you could have.. Etc.
So.. He has explained he did wamt to be accompanied, but wasnt allowes to bring the persom he wamted.
Hes asked if hes happy go proceed without accompayment he says yes.
What dies the chair dictate is put in the notes is not 'he is happy to proceed without accompanymemt because hes not allowed to brimg the psrson he wanted.
Whats put in the notes is' he wished npt tobe accompamied.
Which is not a true statement.
Why are HR peiple obsessed with lying?
.
HR exists to protect the company, not the employee
I have been accused of certain allegations for which i have been suspended for until further notice. Given that i am on probationaty period i think they probably will dismiss me. However they haven't given me the exact allegations in writing but they did say it could be classed as harrassment and potentially gross misconduct. But i have completely denied the allegations and i have been in touch with my well being team, my GP and support officer. I haven't joined any union so the company will probably be rubbing their hands because i am an easy target for dismissal. However I have spoken to Acas so that I can get lawyers involved. Im just shocked, angry and upset that somebody can just openly accuse somebody of harrassment even though you keep everything professional. What will most likely happen to me, what are the steps and what should I do in this situation. Thanks.
You need to join a union and have an allocated advocate present with you. This is your right. Ask for the allegations in writing. They can't refuse.
@@chinchillakaA Union won't get involved in on going matters. A company doesn't have to recognise a union and can decline to have one present from a remote location if a more suitable person is on site.
His eyes look shifty 😂
Looks like age discrimination.
😂😂😂
This isn't how it went down when I got fired at Target 🤔
My wife came with me twice.