Formal Conduct Interview

Post by **Sugar** » 17 Dec 2018, 15:34

A member has a formal conduct interview coming up and there's some confusion.

In the conduct code it states "Where dismissal or action short of a dismissal maybe the outcome, the fact finding should be carried out by a manager other than the manager who will make the decision in the case, unless the dismissal manager will be RM executive 1 or above" Yet it's the same manager who did the formal fact finding that's doing this next interview and in the letter they received it says "Could potentially result in an award up to and including dismissal."

Is it just a standard letter they send out or with the same manager doing the interview dismissal isn't an option?

Post by **General Mannerheim** » 17 Dec 2018, 16:32

Sugar wrote:A member has a formal conduct interview coming up and there's some confusion.

In the conduct code it states "Where dismissal or action short of a dismissal maybe the outcome, the fact finding should be carried out by a manager other than the manager who will make the decision in the case, unless the dismissal manager will be RM executive 1 or above" Yet it's the same manager who did the formal fact finding that's doing this next interview and in the letter they received it says "Could potentially result in an award up to and including dismissal."

Is it just a standard letter they send out or with the same manager doing the interview dismissal isn't an option?

If this manager has done the fact finding and he then does the formal conduct interview which could result in this member being considered for dismissal then he really shouldn't be handling the case, he should have passed it on to the next level manager, otherwise the case could be seen as being flawed and pre decided.

Post by **Sugar** » 17 Dec 2018, 16:55

General Mannerheim wrote:If this manager has done the fact finding and he then does the formal conduct interview which could result in this member being considered for dismissal then he really shouldn't be handling the case, he should have passed it on to the next level manager, otherwise the case could be seen as being flawed and pre decided.

Would that mean the member, if dismissed, would have a case for getting their job back or could we get the case thrown out if the manager did do this next interview?

clashcityrocker · Post by **clashcityrocker** » 17 Dec 2018, 17:08

If a member is facing dismissal they should be represented by an Area or preferably a Divisional rep.
They should be aware of the situation and advise accordingly.

Jb1969 · Post by **Jb1969** » 17 Dec 2018, 17:11

Royal Mail has a process that has to be followed.
However if that process is not followed it does not necessary mean the individual would get there job back.
An appeal would/could be put in & a senior case manager would decide if the case merits dismissal.
Following that you could decide to take it to court, but remember the courts are interested in both employment law & reasonable behaviour.

hans solo · Post by **hans solo** » 17 Dec 2018, 18:30

does that include reasonable behaviour from rm mgmt

ted_e_bear · Post by **ted_e_bear** » 17 Dec 2018, 18:46

Sugar wrote:A member has a formal conduct interview coming up and there's some confusion.

In the conduct code it states "Where dismissal or action short of a dismissal maybe the outcome, the fact finding should be carried out by a manager other than the manager who will make the decision in the case, unless the dismissal manager will be RM executive 1 or above" Yet it's the same manager who did the formal fact finding that's doing this next interview and in the letter they received it says "Could potentially result in an award up to and including dismissal."

Is it just a standard letter they send out or with the same manager doing the interview dismissal isn't an option?

IMHO I would agree that you are correct in thinking that as it's the same manager then dismissal won't be an option, if it was I'm pretty sure the case would have been passed higher up.