Disciplinery Hearings

[Ian B Walker]

My neighbor has one of these tomorrow. I don't know the full facts but apparently he has said something to someone, which has been overheard and been reported to management. Does he have a right to know who reported him?

 

[moonloops]

Yes I believe they do have the right to know otherwise it would be an unfair hearing if he/she can't defend themselves with the full facts at hand.

 

[jaymanek]

yes they will.. and as far as i know they cant sack him unless its "gross misconduct."

 

[oldcro]

I would not think so. The hearing would need to establish whether a certain statement was said to Mr X, This would require Mr X's confirmation and his wish to make a formal complaint or not. I don't think that revealing the eavesdroppers identity would be appropriate at this point.

For Mr X, substitute Mrs X or Miss X as needed.

That is how I see it would go, but I am not even an internet lawyer.

 

[Nibbo]

Normally yes as they would need to present the evidence against him/her.
However... if 'they' (HR or whoever is overseeing it) felt that it would be unsafe to reveal the persons name, for example they felt that the person would be harmed or victimised for comming forward, then they can refuse to reveal who it was.

 

[HowardD]

In a well conducted disciplinary hearing, the disciplining manager is going to be making their decision using witness statements.

The employee on the receiving end has the right to see what has been alleged against them in order to challenge the allegations, although according to ACAS rules employers might withold certain information in some cases, for example to protect a witness.

I guess if it is materially relevant to the employee's defence, the witness information would have to be disclosed, or their statement excluded?

 

[grober]

Any organisation worth its salt will have a published staff code detailing how and under what circumstances a disciplinary hearing should be conducted. He should have been given details of this or where to find them when he was informed he was to be the subject of such an enquiry. One golden rule is never go into a meeting like this without a "wingman" present. Normally in disciplinary hearings the "accused " is permitted the assistance or support of a colleague or trade union rep. At all costs avoid the situation where your neighbour finds himself alone in front of say 3 senior managers without a clue what his rights are.

 

[Benzowner]

Now, if I have read this right, your mate was talking to someone and the conversation was overheard by a third party who reported him. The person overhearing the conversation obviously misheard what was said

 

[crockers]

Now, if I have read this right, your mate was talking to someone and the conversation was overheard by a third party who reported him. The person overhearing the conversation obviously misheard what was said

Exactly what I thought - if A and B are discussing C and D overhears it... all a bit spurious especially if A and B can't remember the conversation...

 

[flango]

Some good advice above but the top tip he needs a wingman (witness) union rep or close friend just as an impartial witness.

Depends upon the type of hearing if the person who made the complaint will be identified or not, it is normally not practice to divulge this at a first meeting but usually to concentrate on what actually has been said and that it has not been misinterpreted.

I have done a few of these as a manager when someone has reported to me they have heard person x say blah blah blah and that is against our dignity in the workplace policy, you have no alternative but to pull the person in and investigate. I always do it with me & the HR manager and the individual and their representative. Usually it is something about nothing and the worst I have ever issued is a verbal warning which is recorded on their file.

The only times these get serious are when what was said would be classed as discrimination.

Hope that helps and if I can help any further just PM me.

 

[crockers]

Some good advice above but the top tip he needs a wingman (witness) union rep or close friend just as an impartial witness.

Depends upon the type of hearing if the person who made the complaint will be identified or not, it is normally not practice to divulge this at a first meeting but usually to concentrate on what actually has been said and that it has not been misinterpreted.

I have done a few of these as a manager when someone has reported to me they have heard person x say blah blah blah and that is against our dignity in the workplace policy, you have no alternative but to pull the person in and investigate. I always do it with me & the HR manager and the individual and their representative. Usually it is something about nothing and the worst I have ever issued is a verbal warning which is recorded on their file.

The only times these get serious are when what was said would be classed as discrimination.

Hope that helps and if I can help any further just PM me.

What if he can honestly say he can't recall the details of the conversation nor can the person with whom he allegedly held it??

 

[flango]

What if he can honestly say he can't recall the details of the conversation nor can the person with whom he allegedly held it??

I would find the fact that both of them could not remember very suspicious

I would ask the person that reported it to me exactly what they overheard. I would then ask the people in the alleged conversation if they said this. Depending upon the response would dictate the course of action if they both said the could not remember I would go back to the person that made the complaint and ask if anyone could corroborate their version of events, then would proceed from there.

 

[crockers]

Fair point - but can you remember the exact details of all conversations you have held?? It may have been a joke conversation - but then we can guess 'til the cows come home...
As for racism - that is such a subjective thing. I can remember working in Stirling during a World Cup (which Scotland weren't in) and the views against the English in the office were quite vitriolic - albeit in a semi friendly with some serious undertones. I said you guys ought to be careful or I could report you to HR for racism. To which one guy said Graham I'm not racist - I'll support any country playing against England...

I just took it as humour - but I could see how some could be offended...

 

[flango]

Fair point - but can you remember the exact details of all conversations you have held?? It may have been a joke conversation - but then we can guess 'til the cows come home...
As for racism - that is such a subjective thing. I can remember working in Stirling during a World Cup (which Scotland weren't in) and the views against the English in the office were quite vitriolic - albeit in a semi friendly with some serious undertones. I said you guys ought to be careful or I could report you to HR for racism. To which one guy said Graham I'm not racist - I'll support any country playing against England...

I just took it as humour - but I could see how some could be offended...

No I can't and you are quite right I lived and worked in Scotland for 5 years and the banter (I"ll call it that) I took during football was unbelievable but others could have have taken it as discrimination and complained but nothing wrong with could humoured banter as long as it doesn't turn malicious, but I have never subscribed to all that PC Bullsh*t anyway

Its one of those situations that goes from an overheard comment like " Have you seen the size of Mary's t*ts" to very serious racial or religious comments. Its a very difficult thing to call and make judgement on without the full facts and most of these I've found are a bit like chinese whispers. As a manager I hate these things you are damned if you do and damned if you dont