Disciplinary Hearing Monday

[Sally7216]

for employment law purposes only an ET will decide if he is disabled; if work are aware of his conition this is enough

 

I do dislike ths idea of a giant register somewhere - very 1984. The world is somewhat more progrssive these days.

 

Sally, I would go for

- I do admit I was perhaps overy assertive; the reasons why are a) I felt I was not being taken seriously or listeed to and b) my treatment

- however my original greivance still stands

- I have a few months left to work and am not terribley well; would you like to come to an arrangement that suits us both?

 

What does he want the outcome to be, is he clear? I think you need that in your mind first, and we can advise if it is realistic.

 

Work have recognised through an occupational health report and notes from his gp that his copd is covered under the equalities act that he is disabled.

 

my husband obviously doesnt want to lose his job. Wants to be paid until January. Either gardening leave or a compromise agreement in which he drops his grievance and gets paid til retirement in January.

[king12345]

Work has got it down as disabled.

I would go for a further grievance for disability discrimination against the two interrogators.

I always say that attack is best defence, however on this occasion I would first try what Emmzzi said.

If that doesn't work and the jerks want to get him, unleash the hounds and prepare your weapons.

Or you could always convince your husband to delay the process and retire as I suggested earlier.

[Emmzzi]

Work have recognised through an occupational health report and notes from his gp that his copd is covered under the equalities act that he is disabled.

 

my husband obviously doesnt want to lose his job. Wants to be paid until January. Either gardening leave or a compromise agreement in which he drops his grievance and gets paid til retirement in January.

 

 

to be pedantic, Occ health usually say a condition is *likely* to be recognised under the equality act, as they are nurses and doctors, not judges.

 

Is this the atual disciplinary, or is it an investigative interview?

 

If the actual disciplinary, what did the letter say the meeting was about? And, how much notice did he get of it?

[Sally7216]

to be pedantic, Occ health usually say a condition is *likely* to be recognised under the equality act, as they are nurses and doctors, not judges.

 

Is this the atual disciplinary, or is it an investigative interview?

 

If the actual disciplinary, what did the letter say the meeting was about? And, how much notice did he get of it?

 

Following the recent investigation into alleged inappropriate, offensive and aggressive behaviour, language, tone and attitude during an informal grievance resolution meeting held on 12/09/2016 with the Vice Principal, also attended by the HR Business Partner, I am writing to confirm that you are required to attend a disciplinary hearing on Monday 03 October 2016 at 9.30am which will be held at xxxxxx London in Conference Room xxx. The meeting will be conducted by xxxxxxx, Principal with xxxxxx, HR Business Partner, attending as HR support and xxxxx as note-taker.

At this meeting, the question of disciplinary action against you, in accordance with the Company Disciplinary Procedure, will be considered with regards to inappropriate behaviour and general misconduct.

 

He was given 5 days notice.

[Sally7216]

Also just to say he never used any abusive language as in swearing or made personal comment to these people.

[Emmzzi]

ok, annoyingly for you that all seems to be in order.

 

has he made notes of what he remembers saying, and what his manager said, to refer to? So he only admits to what he actually said, and he has his mitigating medical circumstances ready to explain to help with that - as well as feeling his greivance was not taken seriously.

 

I would also suggest he offers to go to mediation. Probably won't happen but appearing cooperative helps.

[Sally7216]

In his line manager's statement she stated she wished for mediation. It's the HR woman that was there too that brought this whole thing to the attention of the Principal. She has always been obstructive in nature so will be wanting the worst possible she can get him on along with the Principal.

We are going to go through the whole thing tomorrow and prepare notes of what he said etc.

[Emmzzi]

if the line manager wants mediation, and he also says he wants mediation, it'd be a very stubborn investigator ignored that.

 

So I'd coach hubby to be keen on agreeing to it..!

[Sally7216]

Yes he will agree to mediation.

[Emmzzi]

good luck with the prep. Do pop back with any questions tomorrow. I think your chances are good as long as he avoids coming over as aggressive.

[king12345]

Hi, as you're going ahead with the meeting this is my advice that I also posted on another thread and copy and paste here:

 

I usually do this when attending meetings:

1. Start recording.

2. Enter the room and sit down

3. Take pen and paper and place in on the table.

4. Say exactly this: "I will take a record of this meeting unless you object to it" while holding the pen on the paper.

5. The mugs all say: "No problem" thinking that I'm going to take some written notes

6. During the meeting I scribble a lot of stuff on the paper

7. If anything controversial comes up at a later date a give them a transcript of what was said

8. In extreme cases, when someone is about to lose their job I let them know about the audio recording which they agreed to.

9. They're b@lloxed

10. They back off and swear to never attend a meeting where I'm representing someone.

 

Please note that point 8, 9 and 10 only happened once.

The senior manager who was after this female employee for flipping at his sexual advances, strangely decided to take early retirement before we could submit a sexual harassment case.

He disappeared from work in 24 hours, never to be seen again.

I can't stress it enough: managers are frustrated bullies who have very sad lives outside work and most times they're not even in charge of their own toilet breaks at home.

They'll go after weak preys at work and bully them relentlessly; they really enjoy this.

But when they find someone who attacks them without fear and with evidence of wrongdoing in hand, they cowardly back off and start looking for another prey.

Attack is the best defence.

[Sally7216]

Thankyou will definitely do that.

[Sally7216]

Well. I've just arrived back from London from this disciplinary hearing. Don't know the outcome yet but will do within 24 hours apparently.

All recorded

[Emmzzi]

How is hubby? It can be v. stressful!

[Sally7216]

I think he's ok. He had to teach at 11am so didnt get too much chance to chat about it afterwards. Felt like a trial

[Emmzzi]

Felt like a trial

 

Not good. Here is hoping the outcome is worthwhile though.

[Sally7216]

Outcome was verbal warning which stays on file for 6 months but he will still be eligible for pay rise (company policy says if you have a warning against you you're not eligible) but that won't apply to him. I think he'll actually be retired by then not that they know that yet as you don't have to retire at 65 there.

Thank you everyone who gave helpful advice on here. We will make a donation x

[king12345]

Outcome was verbal warning which stays on file for 6 months but he will still be eligible for pay rise (company policy says if you have a warning against you you're not eligible) but that won't apply to him. I think he'll actually be retired by then not that they know that yet as you don't have to retire at 65 there.

Thank you everyone who gave helpful advice on here. We will make a donation x

 

Sweet!

In other words they just wanted to scare him.

Did they mention his grievance today?

[Emmzzi]

That's marvellous Sally - a really good outcome. Well done!

[Sally7216]

His grievance wasn't mentioned as such as we were reminded to stick to the facts of what had happened. He does have an appointment on Thursday for that to be discussed with the Principal. For now I've told him to keep his trap shut and keep his head down for last three months. So fingers crossed he will leave it.

[king12345]

Whatever he wants to do, tell him to keep cool even if they provoke him.

If he stays calm the mugs will get more and more frustrated and scared of what's next.

And don't forget to record the meeting.

[Sally7216]

Thankyou King12345 I will tell him. Your help has been invaluable.

[ericsbrother]

you dont have to retire at 65 anywhere.

[Sally7216]

Ok i wasn't aware of that. I thought in state schools teachers had that in their contract.

[Emmzzi]

https://www.gov.uk/working-retirement-pension-age

 

 

although it sounds like he has had enough?