1- not relevant (nr) 4- a nr, b is ok. 5- nr 6- remove 7- good question 8- nr 9- good question 10- nr 11- this is a grievance, seperate it out. In an investigation meeting you are only allowed a rep if it is in your contract. You need to read this.

Is the meeting a disciplinary meeting or an investigatory? I would strongly suggest that you take a colleague/union rep with you if it is a disciplinary. You need to concentrate on your defence. Prior to a disciplinary you should have a copy of all the evidence that they intend to use. You need to determine when and how they believe you took this and prove that this was not the case. Did the shape/weight of the bag change? You also need to ask why the door was left unsecured and who checked the data/cctv for this period. How long have you worked there for?

Wait for your area organiser. They will know which questions to ask and will put your case in the best way. I know how hard it is, been there. While you are waiting look for jobs and apply you need to be planning for the worst outcome while hoping for the best. Trust the union. Paid officials know their stuff.

When this happened to Dh this is what we did: Claimed Jsa. He could have a small amount for 6 months. Basic allowance. Contacted tax office re child tax credits. They went up and they reacted quickly. Contacted local council. We received help with council tax. Changed our bank account and directed all income to the new account. We withdrew all money from every account including kids savings etc so the bank couldnt use it for overdraft. Paid the mortgage only until income sorted. Everyone else can wait. Went to CAB who restructed bills/debt. Used nectar points/ clubcard points and emptied the penny jar. Walked/cycled everywhere. Remember things WILL get better. Give each other plenty of hugs.

Some bank accounts give legal cover.

Keep a copy of the job advert. It is proof that the job is still there.

How did you get on?

The Chair should be impartial or at least seen to be impartial and not aquainted with the case where possible. Your appeal( if needed) should put this situation right. You then need to raise a grievance against the chair.

P.S. If they sack you for this you're going to have the easiest unfair*dismissal icon*win I've ever heard of or imagined. I totally agree with this. If they refuse to allow you to meet with your colleague prior to the meeting you sit down, wait for introductions, request an adjournment due to not being allowed to consult with your rep(check this is minuted by notetaker) and assuming this is granted you take as long as you need to discuss with them. Your employer should provide a private space. If they refuse it goes in your appeal letter. Quote the above laws where needed.

Good luck for today. Let us know how you get on.

Good luck.

Thats exactly what I would put in a grievance. I wouldnt acuse them of changing the facts but state your case clearly and ensure that you remind them that you have evidence to support you. I would also state that they need to resolve this prior to any disciplinary decision is made.

They say that they didnt know you were going on holiday, you have proof they did. I would be raising a grievance and sending it to HR. It sounds as though they made a mistake and are after a scapegoat. Keep calm, and prepare for an appeal. They are being unreasonable and I suspect may continue to be. Ask to see where it says you have to remind your manager that they have approved holiday. Point out your evidence that you followed correct procedure. Keep copies of everything. Read the Acas guide to disciplinary and grievance. Ensure you appeal if they decide to continue with this farce.

Is your manager the investigator or chairing disciplinary hearing? I dont believe that you can use covert recordings in tribunal, you would need their permission(in writing). Take your own notes(colleague with you) and check the official notetakers notes at the end of the meeting. Check for discrepances and ensure these are noted at the bottom before signing to say you are happy they are a true reflection of the meeting.

Your manager forgot. Please tell me they are not involved in this investigation/hearing? Did your manager maliciously forget???

That witness statement is only important if it says in the policy that it was your responsibility to inform them. If it was not( must be in policy/procedures) then they need to look for the person whose job it was. Which policy do they say you have breached?

I'm not sure that you need witnessess. You have the evidence that supports your case - you followed procedure. Have they shown you in the policy where you have failed to follow procedure? This is what you are alledgedly in breach of. Take copies of all your evidence for future reference just in case.

There will probably be many more experienced people along soon however I think that as long as you have followed procedure then any investigation will find no case to answer. Does the policy say you have to tell your colleague that you are going on holiday? If not then it would be down to whoever should have informed them of the extra workload. Can you get a copy of the handover that you left or any others if you have to do them every day?

Just trying to understand. 1. You followed procedure when booking your holidays. 2. The company agrees that you booked your holidays in accordance with policy and they were approved. 3. Your colleagues (including manager)were all aware that you were going away. Does it say anywhere in company policy or procedure that you have to remind them?

Wow that was quick! Thank you. I think looking at this that it is a bit of a grey area, the person concerned would fit the profile for employee if not for the fact that they pay their own tax & national ins. The equipment is provided by the company although the upkeep is not, the work is set exactly as it was when they were employee. The only thing that has changed is that they have to pay out more nowadays. Hmm, this could be interesting...

Hello everyone. You were fantastic last time I needed advice and I have to confess that I thought my days of dealing with this company were finished. Unfortunately another person needs some help. I am sure that I will have a number of questions in the future, but this is the first. If a person is a franchisee for a company, yet has to start work at the time the company tells them, do the work that the company tells them without a choice, have breaks when the company tells them and finish when they are told and not before(in short the same conditions as when they were employed by the company); are they classed as self employed or an employee? What examples are there to support this please? Thank you so much.

Hi again, another question I'm afraid! I am trying to write my closing statement yet I seem to be repeating everything that the Judge has already heard this time saying why it was wrong. Do I need to talk about everything, using examples from the bundle to stress the point, or do I simply state the legal precedent? Many thanks again in advance AAAE

The previous warning was issued in December, it was for something that Dh didn't do(rude) and unhelpful(he wasn't) to a distraught customer on the phone(no training for this). Every manager that he spoke to during this disciplinary process agreed that he did the right thing. He didn't appeal as his manager told him that another manager would increase the sanction to dismissal. Something they used to be able to do. This was brought up at the disciplinary meeting when he was dismissed as the manager asked why they should not enforce the first and final warning. Nothing was said about gross misconduct. The first Dh knew about that was on the letter advising him of his dismissal. I accept that legally they could potentially have dismissed Dh fairly had they enforced the first and final, if they ignored mitigating circumstances, this would have meant paying him his notice period though. What Dh did was not gross misconduct, if it was most people would face this sanction at sometime or another.

Nothing that interesting I'm afraid. When the judge heard his offence during th cmd he went silent!! Then he said that if Dh won the amount would probably be reduced by 50% and gave a figure based on the time since dismissal, less the reduction. He also confirmed that the respondents were negotiating. My feeling is that worse case scenario for Dh this is wrongful dismissal (dh was on a first and final warning for something he hadn't done and failed to appeal this as he was threatened with dismissal if he did) and thought that Dh should get the notice paid that he should have had. The respondents solicitor assured me that this would be reduced to nil for contributory fault. It is good to know that this is unlikely to happen:) As the last offer was still well below the notice that Dh should have had I think that he will be declining it again. The without prejudice letter was not about negotiation but msking us go away. Many thanks

Sorry, more questions! If the judge decides that it was unfair dismissal but the claimant contributed they can reduce the award. If the Judge decides that the dismissal would have happened had the respondent followed a fair procedure does it becomes wrongful dismissal instead of unfair dismissal? In this case would the award be the amount that the claimant would have received had they been dismissed fairly? Would the judge then reduce the award because of contributory fault? Just checking as despite the way I felt after our CMD, the respondents solicitor is assuring me that even if the respondents are found to have dismissed DH unfairly or wrongfully, Dh would receive nothing and he should accept the poultry offer or they will apply for a costs order as what they are offering is more than nothing. Hmmm Please help