Employer not following Disciplinary Procedure

[Julie33]

Hi,

 

I am currently suspended from work following alleged theft of paperwork to cover up false information (which I didn't do).

 

My employer has been carrying out an investigation in which I have been interviewed. They were also due to interview the person who provided the information which is alleged to be false on Monday at 12noon, at 11.30am on Monday I received a call to advise they were proceeding to a disciplinary hearing and would be sending me a letter confirming this, which I received on Tuesday.

 

I checked their disciplinary procedure/policy and it states - "Once the investigation has been completed a decision must be reached on whether the matter should proceed to a disciplinary interview or if no further action is necessary. If a disciplinary interview is necessary, the employee must be interviewed and informed of this decision. If no further action is appropriate the employee must be interviewed and informed of this decision".

 

I have raised concerns with my employer that they are failing to follow their own procedure as the investigation was not complete when the decision was made to proceed to disciplinary hearing and I had not been interviewed and informed of their intention to proceed to disciplinary - my employer is dismissing my claims and have stated that they had enough findings to making a decision prior to interviewing the witness and that the witness would not be able to answer any questions relating to the whereabouts of missing file and that being interviewed/informed of going to disciplinary would infact be part of the disciplinary hearing.

 

I would be really grateful for any advice.

 

Thank you in advance.

[lbruk]

hi,

 

welcome to the CAG.

 

How long have you worked for this company?

[Julie33]

Hi,

 

I have worked for the company for 2.5 years.

 

Thanks

[lbruk]

Normally a company will send a letter to inform you of the disciplinary, but they have both called you and sent you an invitation letter. This does meet the statutory requirements to inform an employee of a disciplinary.

 

As this person was interviewed after you, were you shown the evidence in the investigatory, ie the statement that they have made against you? This would form part of the evidence against you. Basically the investigatory is for the employer to establish grounds for a disciplinary, by presenting evidence and asking you questions about it. The disciplinary meeting is for you to show mitigating evidence and evidence in your favor.

 

If they have not shared the information with you, then they should complete another investigation to then allow you time to prepare a defence.

If they go straight to a disciplinary without sharing evidence then they are in breach of the ACAS guidance for completion of disciplinary and grievance.

[Julie33]

I haven't had the disciplinary hearing yet as I am not available when they wanted to it, so I haven't received any evidence from them yet.

 

Even though they have their own policy/procedure do they only need to follow ACAS guidelines? eg their polcy saying I will be interviewed/informed of the decision to proceed to disciplinary hearing - but they miss that stage out and deciding to go to disciplinary prior to the investigation being complete?

[lbruk]

The ACAS guidelines are the bare minimum that employers have to follow.

 

I don't understand how they can make a decision without the investigation being complete. However if the investigation would have been complete when you attended the disciplinary then it could be conceivable that they could do this as when you attended they would have had all the facts. However they would have to supply you with these facts prior to having the disciplinary.