Advice needed re: disciplinary procedures

[shrub]

My partner's employer has started disciplinary action against him for alleged gross misconduct (which he did not do). He is faced with an informal fact-finding meeting next week and the person who will be conducting the meeting is the accuser as well as an alleged witness to the situation. Does anybody have any idea about whether this is acceptable or not as it would seem that having an involved party conduct the investigation means that it won't be heard fairly.

[raydetinu]

Defo not accepatable, speak to Acass on the phone and they will advise.

whats in the contract regarding this sort of procedure. They must follow guide lines.

Suggest your partner goes up the line to HR dept, line manager or even the MD.

[Emmzzi]

an "accuser" is not an involved party. nor is a witness. "involved" impies "doing." Seems fine for them to investigate to me. If I were a manager and I saw something, I'd ask if you did it, then I'd investigate.

 

This seems fine to me.

[shrub]

Thanks - I will get him to speak to ACAS. As a witness though, I would have thought you were involved as you cannot interview yourself and give a completely unbiased account.

[stu007]

Hi shrub

 

To give a valid opinion on your issue we would really need more information i.e. a brief rundown of the lead up to you being accused of gross misconduct.

 

This way we will be able to give you better advice.

 

At the moment this is the link to ACAS: www.acas.org.uk/

[Emmzzi]

if you think they have an agenda the best thing you can do is let them conduct something you can poke process holes in later.

[raydetinu]

gross misconduct is serious and can lead to immediate dismissal! So dont see how an accusser can hold an investigative hearing and be impartial or fair in any findings.

Again they should follow procedure in the Contract or Policy. Please check that first.

[Emmzzi]

ray, I think you are confusing grievance and misconduct. would be inappropriate for either side of a grievance to investigate.

[Sidewinder]

^^Agreed. Don't forget that this is an investigatory hearing at present. It is also true that depending on the circumstances it would be perfectly in order for those involved in witnessing the event to conduct a hearing, although any appeal against a disciplinary sanction would then normally be heard by somebody not previously involved - depending on the size of the organisation and available resources.

[renegadeimp]

The person performing any kind of investigation should be a person/manager that has no connection with the incident or any of the people involved. If the company is small, and the previous isnt viable, then they investigating person must show complete impartiality during the full course of the investigation.