* *
Welcome, Guest. Please login or register.
Did you miss your activation email?
16-10-19, 01:34AM

Login with username, password and session length

Recent

Members
Stats
  • Total Posts: 61625
  • Total Topics: 1082
  • Online Today: 130
  • Online Ever: 826
  • (23-02-15, 06:44PM)
Users Online
Users: 3
Guests: 95
Total: 98

Author Topic: How long is a disciplinary/dismissal process really meant to take?  (Read 19507 times)

ducksquad99

  • Newbie
  • *
  • Posts: 20
Hello,

I am in the middle of a disciplinary process right now which can include my dismissal from the company. My hearing is very soon and I have already had my investigation meeting. The incident being minor (compared to what I have heard), in my opinion, gives me uncertainty whether I am being dismissed or not. By the time my disciplinary hearing is, the incident would have occurred just about a month ago. I'm slightly annoyed about this given the fact that what I did wasn't horrendously awful and it was pretty clear cut what I did. There isn't much evidence to collect and in my opinion, a decision could have been made in 3 days (a week tops)

I heard about an incident in my store which involved assault and that got dealt with quite quickly (their 'process' happened much quicker) with that person still being instated in the store.

If worst comes to worst and I get dismissed, what will happen regarding references? This being my first job and all, I really do want to put Tesco down on my CV but I am worried about the reference mentioning the reasoning for dismissal or why I have left. I have heard that Tesco and most other companies just put a 'generic reference' detailing time working there and attendance, but I am not sure.

Thanks again,
Living in London is okay-ish.

madness

  • Smart Arse
  • *****
  • Posts: 544
Withot giving it away can you give more info as to what you did?

Weed

  • Smart Arse
  • *****
  • Posts: 554
What happened ducksqaud99? They usually give people chances at Tesco before dismissal-first/final warning etc. It is taking longer for them to deal with incidents because less managers are about. There should be guidelines how long they can take or it is not a fair procedure. Incidents involving suspension/gross misconduct are usually dealt with quicker. For permanent staff member with over 2 years service they have to give a reason for dismissal. For temporary workers they will have to get you back to make sure you receive a letter terminating your employment.

ducksquad99

  • Newbie
  • *
  • Posts: 20
Regarding what the incident entailed, I would rather message you privately but can't seem to do that. I don't want to jeopardise the current situation just in case someone here is watching  ???

I do hope it's just a warning though.

Anyway, my disciplinary invitation states gross misconduct so this should have been dealt with quicker rather than nearly waiting a month for an outcome. Not sure if managers are the issue as there is far too many in my store!  :D. ???

Living in London is okay-ish.

FarmerFred

  • Regular Pain
  • ***
  • Posts: 104
The disciplinary policy doesn't give a time frame, but implies that the process should be only as long as it takes to perform the investigation. The delay is probably down to one (or more) of five probable reasons -
1) The manager raising the disciplinary is grossly incompetent
2) No one wants to back the manager up on the matter
3) Everyone has been too busy with Crimbo
4) They are waiting for Crimbo to be over so that they can cut the hr budget in the new year
5) They're keeping an eye on you to see how you behave before making a decision.

If you feel that the investigation period has been too long then you could raise a grievance that the process has put undue stress on you and that you feel that you have not been treated with dignity. I am not sure that it would help your case though as the grievance is a separate matter to the disciplinary.

ducksquad99

  • Newbie
  • *
  • Posts: 20
Right okay thanks for clarifying that.

I think I'll just go ahead with the hearing. Is it best to have a union rep with me or would it be of no use?

Regarding reason #5, would that include monitoring me on CCTV?
« Last Edit: 31-12-17, 11:49PM by ducksquad99 »
Living in London is okay-ish.

madness

  • Smart Arse
  • *****
  • Posts: 544
gross misconduct is very serious 

lackofinterest

  • Sad Muppet
  • ******
  • Posts: 1151
Right okay thanks for clarifying that.

I think I'll just go ahead with the hearing. Is it best to have a union rep with me or would it be of no use?

Regarding reason #5, would that include monitoring me on CCTV?
it is very important that you have somebody in there with you, whether it be a union rep or a trusted work colleague, as a witness. after all they will have 2 or more managers present. good luck with the outcome!

lucgeo

  • VLH Supporter
  • Sad Muppet
  • ******
  • Posts: 2060
ducksquad999

Have you not had a rep present during the investigation??
Live for today. Learn from yesterday.

ducksquad99

  • Newbie
  • *
  • Posts: 20
I did have the option but I wasn’t aware of how this whole process actually worked. I got into the investigation and stated that I actually needed to find a rep in my own time. So instead of prolonging this whole thing I just went without one.

Sort of regret it now as what I said in one particular statement was not written down fully in the investigation notes. So this could actually go against me in the actual thing.

Does anyone know what really happens in the hearing? Don’t really know what to expect.
Living in London is okay-ish.

horatiocain

  • Know All
  • ****
  • Posts: 401
Depending on what the gross misconduct is will depend on how the meeting goes, for example violence would be dismissal, as would theft.
In the meeting they'll go over the investigation and you'll have a chance to clarify what was said, and you'll put your case forward.

Make sure you take someone with you, at a disciplinary hearing anyone can speak for you not just a rep, but reps are normally better, but make sure you have the companion of your choice.

It doesn't necessarily mean you'll be dismissed, you may get anything from a simple warning to unpaid suspension.

Flatout

  • Jr. Member
  • **
  • Posts: 78
Right okay thanks for clarifying that.

I think I'll just go ahead with the hearing. Is it best to have a union rep with me or would it be of no use?

Regarding reason #5, would that include monitoring me on CCTV?

Tesco cannot monitor you on CCTV as a normal procedure, it's against part of the data protection act - privacy policy. If they want to do this they have to let the employees know it's happening and give a valid reason. If the managers don't do this they may find themselves in disciplinary process. You may want to find out more info from a rep if they are doing this.

ducksquad99

  • Newbie
  • *
  • Posts: 20
Okay, I will definitely remember to get a rep next time then. Can’t risk it...

I’d like to think they won’t dismiss me. I know something in my store which actually involved some serious assault and that was put forward as a discliplinary. That person wasn’t dismissed but I would probably imagine they are under heavy scrutiny. What I did came nothing close to that so I have hope, I guess.

I’m not too bothered about getting fired it’s just the referencing that I am worried.  :o
Living in London is okay-ish.

lucgeo

  • VLH Supporter
  • Sad Muppet
  • ******
  • Posts: 2060
ducksquad99

Arrange for a rep, then ask that rep to obtain your notes of the investigation, then together you can go through them, so they can advise on the likely outcome, and point out any discrepancies there may be?

You are allowed time to go through the notes with your rep, in a private room, which can be as long as your rep deems suitable.

CCTV monitoring can not be used for performance monitoring, though I was not aware that they needed to inform a colleague beforehand of monitoring for security reasons??
Live for today. Learn from yesterday.

Weed

  • Smart Arse
  • *****
  • Posts: 554
Unless you have warnings already or they have lots of evidence the likelihood of you getting dismissed is nothing. I have to seen some very serious incidents and the person has only received a final final warning (yes they even give you several finals) Even with all the chances they give they seem to have the most amounts of unfair dismissal claims. Probably due to them getting themselves in knots and not following procedure.

horatiocain

  • Know All
  • ****
  • Posts: 401
Cctv can always be used for security, there should be signs saying this posted around the store.
It can only be used to monitor staff if criminal activity is suspected, and should be used only as much as needed to determine guilt.

They cannot monitor worker activity with CCTV unless they put up a notice and even then it must be reasonable.

If they use CCTV during an investigation adjourn the meeting and complain to the information commissioner's office as it's a violation of the code of practice.

There is am exception, if a trained investigator who is licensed to review the footage uses it in their investigation it is perfecrly legitimate,but tesco have no such licenced investigatory department.


Also you are entitled to a copy of the investigation materials to adequately prepare your case, ask for a copy and review their case.
« Last Edit: 01-01-18, 05:19PM by horatiocain »

ducksquad99

  • Newbie
  • *
  • Posts: 20
In my specific case, there was no CCTV present and so, the evidence solely relies on witness statements.

Bearing that in mind, could they look on CCTV up until the hearing to see if I would do this particular incident again?

It honestly was a very misinformed one off incident.
Living in London is okay-ish.

Weed

  • Smart Arse
  • *****
  • Posts: 554
Witness statements at Tesco  ;D


ducksquad99

  • Newbie
  • *
  • Posts: 20
I take it you’ve had experience with the disciplinary process? :D
Living in London is okay-ish.

Weed

  • Smart Arse
  • *****
  • Posts: 554
No experience this year   ;D

Maybe when i go back the LMs will have some new year targets to meet though   

Manager1 "This is very serious do you need a rep?"
Thebadass  "no"
Manager2 "what was that you just said what do you want me to write?"
M1 "ehh......just write xyz and that should be fine...are we ok to proceed?"

You just knew they'd have you sacked by the end.  :D

Aunt sally

  • Newbie
  • *
  • Posts: 17
Have you been suspended?

ducksquad99

  • Newbie
  • *
  • Posts: 20
Nope, not at all. The incident occurred nearly a month ago by now.
Living in London is okay-ish.

Charlie Harper

  • Jr. Member
  • **
  • Posts: 58
I'm not sure how things are in other stores, but from my experience in Tesco 2 people could commit exactly the same offence. 1 person could be very good worker, always on time, a general good egg. The other a little lapse with timekeeping, lacking with work ethic etc etc you get the picture.

The results of their hearing?? The good egg stays, the slacker goes.

Wrong & unfair, yes, but that's sadly how it is (from what I've seen anyway).

Nomad

  • Administrator
  • Sad Muppet
  • ******
  • Posts: 6702
  • Who dares, wins.
Perhaps a lot of people would say that that is as it should be, others will no doubt say that on occasions the inverse happens, especially if the 'good egg' is a full time long time served employee.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

Me2015

  • Regular Pain
  • ***
  • Posts: 139
Playing devils advocate here; there needs to be a confidence and trust relationship and whatever you have done, regardless of how you may view it or otherwise, the manager will ask whether they can trust you going forward, should that be no, and as you say, gross misconduct has occurred, then there is only one option, however...

CCTV cannot be used, as already discussed, unless for theft; if it has, then claim for appeal
Timescales seem way off, if any particular reason for this? Are Tesco unable to follow correct process, then appeal

Good luck!