Correct procedure process?

[General Mannerheim]

Anyone?

Do I have any grounds at all regards the above? Management are pulling a fast one I think.

After they did the fact finding this is what should happen. If he's just gone straight into the decision then he's feck up.
He's done an informal with you.
He's done another fact finding with your rep present.
He should have then charged you and given you a chance to answer the charge.

If the manager who conducts the fact finding feels there is a case to answer, they must decide whether, if the allegation is proven,
the penalty appropriate would be likely to be within or outside their authority. If they feel a major penalty is a possible outcome, they must at that stage pass it to another manager, normally the second line manager. The manager progressing the case will invite the employee to attend a formal conduct meeting. The manager must also include copies of any notes or evidence that will be referred to during the meeting. The employee has the right to be accompanied by their union representative or a work colleague normally from the same work location. Following the formal meeting the manager makes the decision whether the allegation is upheld and what penalty should apply. The manager should let the employee know their decision as soon as possible, normally face to face where practical. They should also notify the employee of their decision in writing.

[sixfoottwo]

Anyone?

Do I have any grounds at all regards the above? Management are pulling a fast one I think.

After they did the fact finding this is what should happen. If he's just gone straight into the decision then he's feck up.
He's done an informal with you.
He's done another fact finding with your rep present.
He should have then charged you and given you a chance to answer the charge.

If the manager who conducts the fact finding feels there is a case to answer, they must decide whether, if the allegation is proven,
the penalty appropriate would be likely to be within or outside their authority. If they feel a major penalty is a possible outcome, they must at that stage pass it to another manager, normally the second line manager. The manager progressing the case will invite the employee to attend a formal conduct meeting. The manager must also include copies of any notes or evidence that will be referred to during the meeting. The employee has the right to be accompanied by their union representative or a work colleague normally from the same work location. Following the formal meeting the manager makes the decision whether the allegation is upheld and what penalty should apply. The manager should let the employee know their decision as soon as possible, normally face to face where practical. They should also notify the employee of their decision in writing.

Thanks GM.

This bit did not happen.

He/She went Fact Find>Conduct> the end.

[Himaggen]

The first thing you need to be aware of is that you can appeal any conduct decision; (this is not advice just information you should be aware of).

If you appeal you should inform them of the reason for your appeal and whilst the reason is that you do not believe that the correct procedure has been applied, it doesn't end there. You must argue that you were not given the opportunity to answer a formal charge and that a full investigation of the facts did not take place. You must make the case that the Business cannot now make an after the fact non prejudiced decision as that has already been compromised. Ask for the decision to be rescinded.

I also think that you should ask your Rep' why they did not ensure that the procedure, which they took part in, had been completed correctly or advise you of your right to appeal (and how to do so).

[sixfoottwo]

The first thing you need to be aware of is that you can appeal any conduct decision; (this is not advice just information you should be aware of).

If you appeal you should inform them of the reason for your appeal and whilst the reason is that you do not believe that the correct procedure has been applied, it doesn't end there. You must argue that you were not given the opportunity to answer a formal charge and that a full investigation of the facts did not take place. You must make the case that the Business cannot now make an after the fact non prejudiced decision as that has already been compromised. Ask for the decision to be rescinded.

I also think that you should ask your Rep' why they did not ensure that the procedure, which they took part in, had been completed correctly or advise you of your right to appeal (and how to do so).

Hi Himaggen,

I was aware that you could appeal the 'decision'.

I have done exactly that as it's just ridiculous and not been done correctly.

Area Rep deals with the appeals apparently the office Rep told me so he's waiting on an appeal date from me - lodged the appeal last Fri but nothing heard back as yet.