Disciplinary Query

[chelsea_girl]

My friend is going to work today for a second disciplinary for the same offence, not a repeat offence, the very same one he had first disciplinary for. They had, as far as he was aware, been satisfied that it was dealt with the first time, but now he has another today. Are the company wrong, and trying to force him out of the job because his face doesn't fit? 

[newmodarmy]

How long has he worked there?

Was he represented by a colleague or union   last time?

Does the letter not say the reason for another hearing?

[douglas9401]

If 'they' want him gone he'll be gone.

HR's a beach.

[Old_Geezer]

I don't see how two "disciplinaries" for the same offence can be justified. Aren't there rules about how employees can be treated ?

[newmodarmy]

The devil may be in the detail. 'As far as he was aware...' may or may not tell the full story.

[drmorgans]

 

Has more information surfaced about the offence?

 

[Peter Pedant]

did he do  it ? if he didnt he  has to marshall all  the evidence that he was innocent - some more may have come out.

at the second discipliary ( in my day the bag carrier ( me) was allowed to speak, but mostly that has gone) - as soon as they read out the charges, allegations

he  should make a case - he has to ask to be heard - that this case has  been heard before and it is a principle of English Law not to revisit these things. Try to use "unfair" as often as possible

they will most probably say - well we gonna

and then you proceed onto the new hearing....

 

[Peter Pedant]

I don't see how two "disciplinaries" for the same offence can be justified.

well our poster should be constructing a little speech saying it isnt ( justified) in English Law

 

Aren't there rules about how employees can be treated ? Yeah if the employer has a disciplinary code he MUST make it available and act according to it.(*) Otherwise it is according to the rules of natural justice of which there are mighty few

[Prudie]

I agree with newmodarmy. What was the wording of the recall letter? Are you sure it's not a follow-up like a 'review in 3 months' which is quite usual.

[Peter Pedant]

(*) in the internal case I was involved in, the minion said - oh there are two (disciplinary codes),  and I dont know  which is gonna be used !!!!

and the employer ( NHS incredz) was VERY  unwilling to accept  that this was contrary to the Employment Act ( one only) and obviously unfair. 

One tribunal member made a face at me early on. Tongue in cheek and eyebrows raised so I spent the next eight hours gurning at her ( nothing subtle, but like coco the clown and a tad of Judge Judy) at points favourable to the accused. This charade was seldom referred to for the rest of my employment

[Peter Pedant]

and the case is today so we may well never know

[cassa333]

Was the first a meting to get his side etc. it could be that they have finished their 'investigation' and are now simply going to let him know the outcome.

 

[cassa333]

Was the first a meeting to get his side etc. it could be that they have finished their 'investigation' and are now simply going to let him know the outcome.

 

[Peter Pedant]

I wonder what happened