Brun

I have two lads on my shift who are both in a disciplinary hearing one after the other on Thursday accused of doing exactly the same thing.
They are allowed one of their co-workers present in the the hearing if they so wish. They have both opted to have each other present. Would this be allowed? I've had a good old look round the web but can't find anything which addresses this scenario!

JGlanzaV

iTrader: (3)

I can't see why not...

I would have a union rep personally.

alcazar

iTrader: (2)

Me too, but supposedly you can have who you want. My own eldest has been the extra person for two mates and he's not even employed there. AND he got them both off, LOL

JGlanzaV

iTrader: (3)

No you cannot. It's a colleague or union rep. They are not obliged to let anyone else in.

Matty81

I'd always have a union rep present. 9/10 that know what they are talking about, and more likely to get someone off from whatever they've done. Union rep's have sorted out a lot of mess in my office.

Brun

No one is in a union.
The disciplinary is a slam dunk with no come back as the alleged incident is captured on cctv.

bustaMOVEs

iTrader: (31)

You can have anyone you want if obliged to do so, depends on company really, I've had my wife at one who has nothing to do with company.

It's just an outside witness sort of thing so you can be treated fairly.

bustaMOVEs

iTrader: (31)

If cctv has their bang to rights then that can be an instant dismissal if breached company policy, so no need for disciplinary meeting, unless they are giving them a chance to put their view across why they should not be terminated etc?

Sounds like a small company procedure here?

Brun

Well read Small company indeed!
Of 30 Factory staff, 5 are in the frame for the same thing. If the setup of the shifts were even a smidge different it is quite likely 50% of the workforce would be in the frame so the likely outcome of the meetings will be a very severe shot across the bows with an indefinite marker placed upon their records!

gussy

iTrader: (2)

Brun you have to be careful with the indefinite marker tag on an individual as time goes by this could be classed as discrimination irrespective of what they have done as you have stated 50% of the workforce could be in the frame you would have to discipline the 50% as well the way forward would be a first stage review spread over 6 months with the individuals which would work better

JGlanzaV

iTrader: (3)

You can't have anyone you want. There is some very poor knowledge of employment law here...

if the company are daft enough to let you have anyone you want that is their choice.

but the law is it has to be a colleague or approved union rep.

https://www.citizensadvice.org.uk/work/problems-at-work/disciplinary-meetings/who-can-accompany-you-to-a-disciplinary-meeting/

On-the-bog

depends what it is, could be verbal warning, written warning, final warning or dismisal, they still have to do the legal steps anyway.

alcazar

iTrader: (2)

I think they are if it's not unionised.
The rules say a friend. What if you have no mates at the company? Can you then refuse the hearing on the grounds that you can't get representation?
The company would be foolish to go down that route.

bustaMOVEs

iTrader: (31)

As I stated, Depends on company, I don't know about the law but at my place I can take any Tom dick or harry with me, pointless telling me they can't when I've had my wife there before if you read.
It's not a I am smarter competition as that's all you do, read please before being a clever dick.

And also read that again yourself where it says companion.

bustaMOVEs

iTrader: (31)

Yes you can depending on company procedure, more highly likely if small company with handful of workers and not in a union. As it costs to get a union rep if not in one.
Bigger companies are not abliged to, 'not can't ' as glanza says, but can be asked and then that would be a companion.

JGlanzaV

iTrader: (3)

Yes and if you read, a companion is a union rep or colleague not a friend.... A companion is a legal term for been accompanied by the defined persons.

I never said that you can't, I said that any company that allows you to do that is crazy. So before going and giving it the big one, read what is written.

JGlanzaV

iTrader: (3)

wrong again.

You can ask any union rep, you do not have to be a member. The law is a union rep or colleague are allowed to accompany you.

If the company bare stupid enough to allow any old Tom dick or Harry then that's their prerogative. I wouldn't want any old Tom with me in a hearing that's for sure...

bustaMOVEs

iTrader: (31)

Yes you did say, you can't (read your previous replys)
Then why reply to my quote if you read my post which just basically covers what you just said.
Anyway I don't like to reply to you as Clearly you're too smart for us all.

bustaMOVEs

iTrader: (31)

Again, your choice and our choice. The choice is there if the company allow it.

bustaMOVEs

iTrader: (31)

If a company allows you to take any Tom dick n harry then you can, that's you're choice, smaller companies allow it if you ask or read the contract that is written, it's not a thing that allowed or not.
But yes the law allows a colleges or union and a company can't refuse that, it's your choice on who you decide to take given the options from your employer!

JGlanzaV

iTrader: (3)

So actually, you didn't state that at all.... So who needs to learn to read?

JGlanzaV

iTrader: (3)

Nothing to do with been smarter than you. Just about been right and pointing out your error. Your company may allow it, it does not mean anyone else will. Nor is it pertinent to the question the OP asked.

You offered up incorrect information as a fact and got pulled on it. Don't get butt hurt.

It is not contractual. And the law states a colleague or union rep for a reason to ensure fair and reasonable process is followed so no one can call foul after the event.... You will also note that they are not able to take part in the meeting but are their for note taking etc

bustaMOVEs

iTrader: (31)

Really are you blind? What does it say after your highlight on my first quote that you didn't highlight?

bustaMOVEs

iTrader: (31)

The link/law also states check company policy and or ask as they may have more options who can accompany you.
Ffs give it a rest, I said depends on your company and what they allow, it's not illegal not to have anyone of your choice 'if the company allows you to'.

Just give it a rest as your clearly not reading correctly.

Just stay out of my way and stop quoting my posts without actually reading what I've said.
I don't wish to speak to you so please don't speak to me directly in future
Thank you.

bustaMOVEs

iTrader: (31)

You just so condescending and argumentative and obnoxious in your replies all over the forum. I've had a run with you before and I thought you'd stay out of my way, but clearly you just won't.
Now **** off back to your miserable life.

bustaMOVEs

iTrader: (31)

Why did I even reply back to this ***** again, and waste my 5 minutes!

bustaMOVEs

iTrader: (31)

Just for the ***** that can't read.
This was my first reply to thread.

JGlanzaV

iTrader: (3)

yawn.

yawn.

yawn.

I have said it many many times to you before, don't like it then **** off and stop reading. You are so very very boring....

You said about your company, not any company. Maybe English is not your strong point? Jog on fella, I shall reply as and where I wish. You don't have to read it or reply....

You took enough pleasure in harassing me at every opportunity, and now you're crying because I pointed out your error. Get over yourself....

JGlanzaV

iTrader: (3)

Yes you stated that you can have anyone as a fact. Then added it depends on the company.... make your mind up....

JGlanzaV

iTrader: (3)

See, you resort to name calling and insults. No where did I insult or name call; just goes to show you are a childish and pretty hostile individual.

go find some help....