Gross misconduct

[Boomerang kid]

Hi guys, I hope someone can help me, I am currently going through a conduct case for wilful delay of mail.
I have had my interview with the second line manager, and he has now gone and reinterviewed two witnesses to clarify some issues he has picked up on.
My problem is he has given me the opportunity to respond to what the comments were,now this I do not have a problem with, i welcome the opportunity to do so, he interviewed one witness with a sub rep, The problem is the sub rep is also the second witness in the case. Surely this represents A procedure Error having two witnesses in a interview at the same time ? I am hoping someone can point me in the right direction as to where it states it is a procedure error, The local rep and my divisional rep have informed me that this is in fact a massive error on Royal mail part, but I can't find anything in any documentation To confirm this, so can anybody help ?

Many thanks in advance

[TrueBlueTerrier]

Thanks for the PM, but rather than repeat myself, if its okay, I'll post responses in here.

I'll keep looking for a document that speifically states 2 witnesses cant attend the same interview in a discipline process, and specifically if one is a rep. However, I am not sure one exists as this would tend to undermine natural justice and would weaken the witness statements anway.

But, I must point out that the levels of legality and evidence in an employment/disciplinary case are not the same levels as for a criminal trial, and although I would agree that it is a gross error of fairness at the very least, it may not have an impact on your case if the manager is able to prove he has made a reasonable decision based on the evidence, reasonably attained, before him at the time he made the decision.

[TrueBlueTerrier]

There is an ACAS guide for discipline hearings that mentions transparency - if 2 witnesses are at the same meeting then this would undermine that principle.

http://www.acas.org.uk/?articleid=2174" onclick="window.open(this.href);return false;


PDF guide http://www.acas.org.uk/media/pdf/f/m/Ac ... edures.pdf" onclick="window.open(this.href);return false;


there is a helpine at ACAS try 0300 123 1100 for free and impartial advice.

[TrueBlueTerrier]

There is this line in another ACAS guide http://www.acas.org.uk/media/pdf/e/m/Di ... guide3.pdf" onclick="window.open(this.href);return false; Page 21 of Discipline and
grievances at work

The Acas guide (3/2015)

where possible arrange for
someone who is not involved in
the case to take a note of the
meeting and to act as a witness to
what was said

If the rep was acting as such for the other witness then it fails on that basis, but how that would affect the disciplnary process is open to debate.

Good luck.

[Boomerang kid]

Thank you very much,

Very much appreciated.

[Boomerang kid]

Well good news for me , my appeal was sussessful, had my dismissal over turned and my job back, question is do I really want the job back after seeing how management are in the light !!,

[aiden01]

Well good news for me , my appeal was sussessful, had my dismissal over turned and my job back, question is do I really want the job back after seeing how management are in the light !!,

only you know the answer to that personally would keep job. DON,T LET THE BASTARD,S GRIND YOU DOWN

[Boomerang kid]

I do

Not going to let the BASTARDS GRIND ME DOWN !!!