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Author Topic: Disciplinary Rights  (Read 2564 times)

Crazydoglover

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Disciplinary Rights
« on: 03-01-17, 01:11PM »
A couple of months ago, I was taken through a disciplinary hearing. At the time, my union rep told me that I had no right to question the witnesses who gave evidence against me. Out of the blue, I find myself facing another disciplinary, but this time, my rep says she can cross examine any witness. My question is, when did this rule change? Should I have been able to question witnesses last time?

forrestgimp

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Re: Disciplinary Rights
« Reply #1 on: 03-01-17, 02:55PM »
Not sure you can 'question' anyone its not a court of law or anything, what you can do though is read the statement and respond accordingly.

BlueToon

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Re: Disciplinary Rights
« Reply #2 on: 03-01-17, 04:19PM »
I assume that they have done an "investigation"?  before they called you to a "disciplinary".

Crazydoglover

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Re: Disciplinary Rights
« Reply #3 on: 03-01-17, 05:23PM »
No. The first I knew about this was a letter which was given to me stating date, time, venue etc for a disciplinary meeting. I have been given no info regarding the alleged grievance. My rep thinks the letter has been worded incorrectly. Also, the meeting is to be held on my day off.
It seems to me that with Tesco, you are guilty until you can prove your innocence. This has completely shocked me, left me unable to sleep and very worried about my job as I am still serving another disciplinary which, in hindsight, I should have appealed against. Not a good start to the new year.

Expressdude2016

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Re: Disciplinary Rights
« Reply #4 on: 03-01-17, 05:48PM »
CrazeyDogLover  remember Tesco don't have to prove your guilty its not a court of law they make there judgement on the probability factor of you doing something wrong.

You are  correct though letter should invite to investigatory meeting first ( personally don't say anything as you have been invited to disciplinary then go to meeting for that. ( They will  have no option but to take no action due to the administration error). It should be held when on shift as well.

Crazydoglover

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Re: Disciplinary Rights
« Reply #5 on: 03-01-17, 06:05PM »
Hi Expressdude2016. Can you please clarify when you say they will have no option to take no action. Does this mean that the disciplinary will be dropped altogether or will they just reissue a correct letter?
The letter I have been given states the following:
Dear ××××××××××
Please can you attend a Disciplinary Meeting, the details are as follows.
Date: xxxxxxx
Time: xxxxxxx
Venue:store

Mr Xxxxxxx will be chairing the meeting and will be accompanied by xxxxxxx as company witness/note taker.
The purpose of this meeting is to discuss allegations of xxxxxxx against another colleague.
The meeting is a formal meeting, you can be accompanied by either a tesco colleague or authorised trade union rep.
Please contact me on receipt of this letter to confirm attendance etc etc

gomezz

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Re: Disciplinary Rights
« Reply #6 on: 03-01-17, 06:46PM »
Quote
The purpose of this meeting is to discuss allegations of xxxxxxx against another colleague.
Sounds like you are being asked to attend as a witness.  In which case the rules for disclosure are different?

My advice would be play a straight bat and only answer strictly to questions of fact.  Do not be drawn into offering any kind of subjective opinion.
« Last Edit: 03-01-17, 06:48PM by gomezz »
"The progress of the kart is more important than its direction"

BlueToon

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Re: Disciplinary Rights
« Reply #7 on: 03-01-17, 06:50PM »
I really wish the MM would read their own damn policies before starting things!  >:(
If it is to "discuss allegations", then it is an investigation, not a disciplinary!!!

After all, the policy is on their website for all staff to read!

And take a rep in case they try to drag you into it!
And make sure if you do go in on your day off that you are paid for it, as it is at their request.
« Last Edit: 03-01-17, 06:52PM by BlueToon »

Crazydoglover

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Re: Disciplinary Rights
« Reply #8 on: 03-01-17, 06:58PM »
Quote
The purpose of this meeting is to discuss allegations of xxxxxxx against another colleague.
Sounds like you are being asked to attend as a witness.  In which case the rules for disclosure are different?

My advice would be play a straight bat and only answer strictly to questions of fact.  Do not be drawn into offering any kind of subjective opinion.

Hi gomezz. I am the one being accessed of the allegations against another colleague. First I knew of it was when I was called to a meeting room over the tannoy where my LM handed me the letter.

gomezz

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Re: Disciplinary Rights
« Reply #9 on: 03-01-17, 07:33PM »
That is not how the letter reads.
"The progress of the kart is more important than its direction"

Crazydoglover

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Re: Disciplinary Rights
« Reply #10 on: 03-01-17, 07:38PM »
I was verbally told by my LM about the allegations when he handed me the letter. A grievance has been raised against me by another member of staff.

gomezz

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Re: Disciplinary Rights
« Reply #11 on: 03-01-17, 08:12PM »
I wonder if they have given you the letter intended for the other member of staff who has made the allegations (and they got the one intended for you)?  Not a very good start to them following due process.
"The progress of the kart is more important than its direction"

Crazydoglover

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Re: Disciplinary Rights
« Reply #12 on: 03-01-17, 08:23PM »
Hi Gomezz.  There won't be another letter as the accuser was a temp staff member who has now left the store. Therefore, they will not be attending the meeting. I have no idea how they have been allowed to raise a grievance and run.

Deliverydriver

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Re: Disciplinary Rights
« Reply #13 on: 03-01-17, 09:17PM »
Can't post my own topic for sum reason can sum1 tell me the outcome for smoking a electric cigarette in the van and being reported by member of the public  got a disciplinary coming up not good I expect.

Global Moderator Comment Starting topics, please read Supporter Benefits

horatiocain

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Re: Disciplinary Rights
« Reply #14 on: 03-01-17, 09:39PM »
E cigs are banned from use in the van, if it has a no smoking stickers you're screwed.

Disciplinary meetings at  to be held during your working hours, make then reschedule it at a more convenient time to you.

Expressdude2016

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Re: Disciplinary Rights
« Reply #15 on: 03-01-17, 10:08PM »
Can't post my own topic for sum reason can sum1 tell me the outcome for smoking a electric cigarette in the van and being reported by member of the public  got a disaplinary cumin up not good I expect.

You will the policy on link below. Tesco recognise smoking normal and E cigs as the same. I'm not sure why a member of the public would report you as the law doesn't cover smoking E Cigs as of yet. As for investigatory / disciplinary  as they see both normal and e cigs as same then it could be dismissal though I think they will look lighter on it given its an E cig.




https://www.ourtesco.com/working-at-tesco/people-policies/working-here/smoke-free-workplace/

optout

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Re: Disciplinary Rights
« Reply #16 on: 03-01-17, 11:25PM »
could the member of the public have been mistaken? Maybe some member of the public has it in for you or tesco. Was the e-cigarette actually 'lit' (so you were not actually 'smoking' it) or were you just using it as something to keep your mouth busy, like a lot of smokers do when giving up? Anybody remember 'plastic cigarettes of 'yest-a-year'?
« Last Edit: 03-01-17, 11:29PM by optout »
I AM NOT A REP, BUT......

Deliverydriver

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Re: Disciplinary Rights
« Reply #17 on: 03-01-17, 11:33PM »
It's one of those cheep vape pens that looks like a cigarette and I haven't seen the witness statement yet . Reading that I guess I ain't got a leg to stand on oh well it's a cool job Id still recommend it but on to better things hopefully something with better money
« Last Edit: 03-01-17, 11:36PM by Deliverydriver »

optout

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Re: Disciplinary Rights
« Reply #18 on: 03-01-17, 11:39PM »
are you sure it was 'lit' at the time :question: (please don't reply). Are you sure at that moment you were not just chewing a pen :question: (please don't reply).
« Last Edit: 03-01-17, 11:40PM by optout »
I AM NOT A REP, BUT......

Justjohn

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Re: Disciplinary Rights
« Reply #19 on: 05-01-17, 07:52PM »
"At the time, my union rep told me that I had no right to question the witnesses who gave evidence against me. " you have every right to see all evidence against you , to see and have a copy off all statements and have all the people names who made those statements. you all so have the right to call these witnesses in to your hearing and cross examin them and dispute all evidence against you . you can also call the people in to your hearing who took the statements and cross examin them.

your union rep was wrong . and if you disagree with the minutes of the hearing don't sign them and make sure this action is added to the bottom of the minutes

forrestgimp

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Re: Disciplinary Rights
« Reply #20 on: 05-01-17, 08:57PM »
Much as we would love to believe you we need more than just your word on it. So if you can point to where this information is available so this chap can go into his meeting armed with the information you have supplied that would be great.

Thanks.

Expressdude2016

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Re: Disciplinary Rights
« Reply #21 on: 05-01-17, 09:38PM »
Its available below on page 5 what a rep can do at meeting.

https://cdn.ourtesco.com/2016/04/Disciplinary-Policy-April-16.pdf

forrestgimp

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Re: Disciplinary Rights
« Reply #22 on: 06-01-17, 07:44PM »
No where in that document does it say anything about questioning witnesses or calling them into a meeting to be cross examined by your rep.

I think justjohn has been watching to many detective shows on the TV.

Expressdude2016

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Re: Disciplinary Rights
« Reply #23 on: 06-01-17, 07:56PM »
Too many afternoons watching Judge Rinder.

KittyKat

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Re: Disciplinary Rights
« Reply #24 on: 16-01-17, 05:50PM »
  :D