Attendance Review Abuse

xray3 · Post by **xray3** » 05 Jul 2018, 07:30

Can managers insist I am put on a Stage 3 Consideration for dismissal when they have never issued me a Stage 2 I eventually got notes of meeting but never decision letter. Manager states I was given AR 2 decision which he never did. I have subsequently been advised by rep to put in a Grievance as still not had ar2 decision letter.
If Management have clearly not followed attendance procedure surely this has to be thrown out now or do I have to accept their incompetence and attend an interview for consideration for dismissal. Any advice would be greatly appreciated.

Creditshampoo · Post by **Creditshampoo** » 05 Jul 2018, 08:26

A stage 3 meeting is regarding possible dismissal. However it’s then and only then most reps actually do anything like point out where procedure wasn’t followed etc. Sounds to me like they haven’t followed procedure.

Post by **TrueBlueTerrier** » 05 Jul 2018, 15:21

xray3 wrote:Can managers insist I am put on a Stage 3 Consideration for dismissal when they have never issued me a Stage 2

Technically they shouldn't but if they do it will make your appeal more likely to be successful as it could be classed as procedurally unfair at an ET.

In fact, if you follow the reps advice per the grievance, it is possible that Stage 3 will be withdrawn and the stage 2 re-issued.

xray3 wrote:I eventually got notes of meeting but never decision letter. Manager states I was given AR 2 decision which he never did. I have subsequently been advised by rep to put in a Grievance as still not had ar2 decision letter.

If Management has clearly not followed the attendance procedure surely this has to be thrown out now or do I have to accept their incompetence and attend an interview for consideration for dismissal. Any advice would be greatly appreciated.

This is the weird thing if managers haven't followed the attendance procedure then it is in your best interests that this is documented. It can only be documented if the interview goes ahead. Look at as you are highlighting their incompetence rather than accepting it.

rehabron · Post by **rehabron** » 05 Jul 2018, 18:07

xray3 wrote:Can managers insist I am put on a Stage 3 Consideration for dismissal when they have never issued me a Stage 2 I eventually got notes of meeting but never decision letter. Manager states I was given AR 2 decision which he never did. I have subsequently been advised by rep to put in a Grievance as still not had ar2 decision letter.
If Management have clearly not followed attendance procedure surely this has to be thrown out now or do I have to accept their incompetence and attend an interview for consideration for dismissal. Any advice would be greatly appreciated.

By not giving you a decision letter confirming your stage 2 then in theory you are still at stage 1 review level and cannot proceed to a formal stage 3 review until when a stage 2 does not exist.

Before refusing to attend the stage 3 meeting invitation you need to involve your union rep and submit a grievance to have the matter cleared up and have the stage3 meeting postponed until you have received a result from your grievance.

As stated by TBT should it go to a stage 3 then using your right of appeal and on what you have described then you should be sucessful of having the decsion of the stage 3 overturned.

BELIAL · Post by **BELIAL** » 05 Jul 2018, 23:04

Forget about management following their rules, they just make it up to suit. Don't hold your breath waiting for union support,it may never arrive.
Make sure you have legal cover and keep detailed notes with dates; times ;signed witness statements etc.

Creditshampoo · Post by **Creditshampoo** » 06 Jul 2018, 09:52

Is there something in writing anywhere about postponing a AR3?

Creditshampoo · Post by **Creditshampoo** » 06 Jul 2018, 09:53

Is there something in writing anywhere about postponing a AR3?

rehabron · Post by **rehabron** » 06 Jul 2018, 19:25

Creditshampoo wrote:Is there something in writing anywhere about postponing a AR3?

I have been down this route in the past with a fellow member where a decision letter on a stage 1 review being disputed as having not been received and at the stage 2 review had this inserted into the notes. It was the manager who requested a postponement until this issue could be confirmed.

Not aware of this in writing but manager must have realised that it was better to have the matter cleared up or it could come back to haunt him if it should ever have to go to appeal.