Occ Health meeting turns into a disciplinary meeting

[zoso34]

I attended a formal meeting with line manager and person from HR about my recent Occ Health report. I had a doctors appointment to talk about the possibility of an operation after this meeting. However after a short discussion about the report the manager changed the subject to an incident I had earlier that day with a supervisor where I made what I had thought a minor flippant comment (even the supervisor told me it was all sorted out when I spoke to him, but he was obviously lying).

 

The manager then continued to 'grill me' about the incident. I asked him not to continue with his questioning as I wanted union rep to be involved. He continued with his questioning or should I say interogation. When I finally said I had to leave for doctors appointment he said "this is not over and we will continue this tomorrow!"

 

Anyway I was signed off sick for 2 weeks and nothing ever came of the disciplinary. I have since put in a grivance against this incident and other lack of duty of care relating to my disability (which is another story). It was never really investigated properly at the grievance so I have appealed.

 

Question is when does a disciplinary meeting actually start as I feel I was denied my rights of being given a letter and the legal right of representation? Manager has used an entrapment tatic by using the occ health meeting. This was clearly not just an investigation but a disciplinary hearing!

 

Any advice appreciated!

[Emmzzi]

Unless you have been advised in writing it's a disciplinary - it's an investigation. It's fair to ask what the outcome of the investigation was and that would be my next step. Is anyone actually saying you are subject to a disciplinary/ have been given a warning etc? If not - then just confirm you haven't.

[zoso34]

That's what I love about asking questions on good forums. It makes you think about things.

Have e-mailed the question to employer.

Thanks.

[stu007]

Hi

 

I think depending how you want to approach this line managers attitude over this you may need to place a grievance about this.

 

I would therefore request from the company the following:

(if they state its in a staff handbook infrom them your require the full unedited versions as the handbook will be a shortened version - Also when you get these check the date they were approved and importantly the next review date)

 

1. Disciplinary and Grievance Procedure and Policy.

2. Sickness Procedure and Policy.

3. Health and Wellbeing Procedure and Policy.

[zoso34]

I appealled against the outcome of a grievance involving disability descrimination and harrasment. Employer firstly accepted to listen to appeal but a week later now wants to 'reconvene' the grievance rather than listen to appeal.

 

Is this normal practice?

[honeybee13]

Hello there.

 

I've moved your new query to your thread from yesterday. It's better for those advising you to keep the information on one thread.

 

Please continue to post here.

 

My best, HB

[zoso34]

Employer has confirmed they want to reconvene the grievance meeting a month after they heard the first one instead of going to appeal. I am off sick at the moment and have an operation planned for end of August 2012.

 

They received the grievance from me on 11th June 2012. My Union rep says that is the date that the tribunal will take as the first day of the 3 month (less 1 day).

 

I am worried that they are deliberately trying to stall things for me.

 

Should I think about sending an ET1 form now?

[honeybee13]

Hello again.

 

There's nothing to stop you submitting the ET1 while this is going on, as I understand it.

 

Hopefully someone here will be able to advise you about the timing, but I think you're right to keep an eye on this. Some employers do seem to have delayed deliberately to put the ET1 out of time.

 

My best, HB

[lbruk]

If they are going to consider the meeting as part of the appeal then thats fine. however i would be wary to the fact that they had their chance with the grievance, they decided and put into writing their findings? if so i would not be happy with "re-opening" this grievance based on the same evidence, its an appeal. I would insist that it was treated as such.

 

Feel free to file your et1, the sooner the better and make sure you adhere to the deadlines for submitting the claim.

[zoso34]

Thanks for advice. I guess it's probably good that they want to reconvene as they put it . Their written reply was a complete cover up and I'll have my chance to question things without them saying we can't go over old ground.

 

It will be 2 months since raising the grievance so they are definately trying to stall the process. Gonna complete the ET1 today and get it sent off soon as.

[zoso34]

I was not happy with outcome of a grievance about a duty of care regarding disability and harrasment and appealled against their decision (or should I say excuses). Employer then wanted to reconvene the grievance rather than listening to an appeal but has now cancelled that meeting saying they would reschedule but don't know when.

 

I am currently off sick and have an operation in 2 weeks time which will cause me to be signed off for about 3 months. I cannot face returning after that time if nothing is done.

 

It seems they are just stalling for time. My grievance was received by them on 8th June 2012.

Does that mean Tribunal office need to have ET1 by 7th September 2012 (3 months time limit)?

 

Do I need to leave to start a employment tribunal proceeding?

If I ask ET for compensation will employer consider dismissing me anyway?

[honeybee13]

Hello again.

 

I've merged your threads to make it easier for the people trying to advise you. It's better to keep to one thread rather than start a new one for each question. Please continue to post here.

 

My best, HB