Disciplinary

[clarhick]

At my fact finding meeting I received no documents and questions asked by me where I was told that they didn’t know the answers and would find out have not been answered. It has been escalated as a potential gross misconduct. I have asked for their ‘evidence’ but have still received nothing. Can I refuse to attend until the items that I surely am entitled to are provided?

[scoobydo79]

Who accompanied You to the meeting? I do hope You had a union rep there?

[clarhick]

Yes there was a rep but regarding the unanswered questions and documents they seem to think that it will be ignored and the outcome will be dismissal. The missing paperwork and answers requested are fundamental to my mitigation.

[Sir Henry]

Sounds like you need it kicked upstairs to area rep ASAP. Get the area reps number from the office rep and tell them what's up.

[clarhick]

Sounds like you need it kicked upstairs to area rep ASAP. Get the area reps number from the office rep and tell them what's up.

It’s the area rep that said they’ll probably ignore my questions. I feel without any documents other than my account as well as the lack of answers to pertinent questions I can’t defend myself and how can they proceed with a disciplinary when they are ignoring my request when the code of conduct itself mentions that all accounts should be given at the fact finding meeting.

[redlen]

At any fact finding interview, they do not have to provide any so-called evidence, only at a formal disciplinary. That is why a fact finding interview is informal to see if a formal is necessary.

The only requirement on the employer is to give you all the evidence in their possession used at that formal disciplinary at least 48 hours prior to the meeting

Refusal to attend without a valid reason can be Gross misconduct and held without your participation if necessary

[clarhick]

At any fact finding interview, they do not have to provide any so-called evidence, only at a formal disciplinary. That is why a fact finding interview is informal to see if a formal is necessary.

The only requirement on the employer is to give you all the evidence in their possession used at that formal disciplinary at least 48 hours prior to the meeting

Refusal to attend without a valid reason can be Gross misconduct and held without your participation if necessary

What if before the formal disciplinary only the account from the fact finding is produced? The questions asked at the fact finding by me remain unanswered and there is no account from the witness they claim to have. What should I or my CWU rep be asking? Or can the person taking the meeting effectively do whatever they like and make a decision without all the information? I feel like the decision has been made based on one incomplete document and I might as well resign as no one seems to be bothered to pursue the missing information.

[redlen]

Management does not have to give any details of a fact finding, only ask your side of the alleged complaint. It is only then management decides if they require a formal meeting where any documentation used in that formal will be provided.

[clarhick]

Management does not have to give any details of a fact finding, only ask your side of the alleged complaint. It is only then management decides if they require a formal meeting where any documentation used in that formal will be provided.

I had a formal meeting booked but with Christmas pressure it only arrived 24hrs beforehand so a new meeting is going to be scheduled for the new year. The papers provided were solely my fact finding meeting interview minutes. Nothing from the supposed witness and no responses to my questions posed at the fact finding that I was told the answers would be found to. Shouldn’t the CWU rep be helping me rather than me having to try and find out via this forum?

[redlen]

Any issues you are not happy at the formal you raise and will be recorded in the minutes. The manager will then give you a response when the meeting is typed up with any explanation. It is then you can raise any discrepancies with what was or was not included in that formal. Only then will his decision be made. About two weeks later