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Author Topic: How long is a disciplinary/dismissal process really meant to take?  (Read 19506 times)

rogersmart

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For goodness sake speak to a rep NOW!  The most significant thing you’ve told us is that you haven’t been suspended - if you were in a Gross Misconduct situation where dismissal was likely they would not want you anywhere near the store.  My guess is that you’re going to get a warning (probably a Final Warning if what you did really was Gross Misconduct) but a Rep will be able to make sure you're treated fairly and that the managers are playing by the rules.  The delay is irrelevant as what you are facing relates to whatever happened on day 1. Get a Rep.

ducksquad99

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Okay, is there a way to contact a rep outside of Tesco now? I don’t have work till next Tuesday (contracted shift) and usually by then all the reps are gone because it’s a late evening shift. So my next option, bearing that in mind, is getting a rep on the day which seems far too risky...
Living in London is okay-ish.

ducksquad99

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Replying to Me2015,

I think it may have to do with Christmas? Not too sure but gross misconduct is on my disciplinary and according to everyone else, this should have been done quicker. Not too sure, just got to see what happens...

Living in London is okay-ish.

lucgeo

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ducksquad99

'phone your area USDAW office on Monday morning, and ask them to contact your reps to arrange for representation, either by a rep in your store, or from another store. Do you not have a night rep, who is there during your shift to make arrangements for you, and sit down with you to discuss the disciplinary??

Live for today. Learn from yesterday.

stackintheshelves

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in my experience, the ones that were doomed for whatever reason, always had the same common denominator - ie suspended with pay....if this hasn't happened, i wouldn't worry about dismissal, don't hold me to that though

Weed

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Even if you are suspended with pay you will not always be dismissed. Sometimes the Line Managers just want to give the hard workers an extra holiday.  >:D

ducksquad99

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Spoke to a union rep and this is likely to result in a first warning instead.
Living in London is okay-ish.

toscozombie

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Hi I’m trying to ask a question and I am a vlh supporter but can’t find how to post but as  this thread contains the words investigation I'm hoping someone can help me.  Is there a time limit between investigation and disciplinary meeting?

I cannot go in to detail as it may identify me .

Any information would be very helpful .
Thanks
Vintage worker

GreenGrocer

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Here is a copy of the disciplinary policy https://cdn.ourtesco.com/2016/04/Disciplinary-Policy-April-16.pdf who knows if it will help. I worked in a store where someone was taken in for investigatory meeting weeks after the alleged incident had taken place. I was once asked if I witnessed an alleged incident in store which happened over a month ago because I was seen on CCTV. I was asked to watch CCTV but I told the managers they were wasting their time as I had not heard or seen anything because I was too busy trying to work. They are slow and it is unfair for the person trying to prove innocence.

toscozombie

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Thankyou I had read that document.  but I do appreciate the reply .
Vintage worker

horatiocain

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There is a time limit on investigation, 14 days, it should take no longer,unless it necessary for it to take longer, which does not mean they can take a month because the store is busy. Itsi the partnership agreement and any good rep should know.

Weed

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It can take longer than 14 days if people need interviewed. Best not to get involved with managers/GAs trying to get each other into bother. Take the rap if you remember doing what you are accused of. If not tell them.

toscozombie

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Thanks for replies, thing is I had an investigation 3 weeks ago and was told it would go to disciplinary with store manager  and I would receive a letter ..to date nothing, no communication nothing ..is this normal.

I hasten to say if I do get a disciplinary meeting I will appeal as I am completely innocent and believe I have grounds for a grievance,  but I’m  just wondering if they may have realised they have made a mistake and should I just keep quiet.  Any ideas thanks.
Vintage worker

Mr McNice

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Hi, this post contains words that are relevant to my issue, and I see it has been 120 days since the last post which makes me confident I'm not hijacking.

I'm required to attend a disciplinary hearing for gross misconduct, but the way the letter is worded makes me feel it will be a continuation of the investigation, and I'm still not happy with one of the things I stand accused of. The meeting will be heard by a member of senior team (not the store manager) therefore I understand that she is not authorised to carry out a dismissal, but can she escalate it if she feels that I'm not saying the things she wants me to say? By escalating I mean passing it to the store manager.

Regards

trolleyboy96

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Levels and training has changed, team managers can issue up to final written, any lead team that has done the required training can dismiss, Im lead to believe that team managers can also complete the required training to dismiss, scary times ahead!!


I meant to add, quite a few lead team on our group have been doing the dismissals as it’s a new thing the the guidance is they take every opportunity rather than sending to store manager, as the store manager can hear the appeal rather than SD.
« Last Edit: 26-06-18, 05:33PM by trolleyboy96 »

Critchly

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Can anyone tell me the proper procedure for a disciplinary please.
Cos I think my colleague is being screwed over.

Informal meeting with manager A.
3 weeks later,  no follow up meeting regarding planned actions discussed in informal meeting.
Informal meeting with manager B. On Monday.  Cos manager B isn't happy it's not resolved and their going to follow it through properly. Plan put into place for follow up meetings each tue for the foreseeable future until resolved. 
Next Tue no meeting. Handed letter by manager B. Disciplinary meeting Friday. Manager A running meeting manager B note taking and 2nd manager.
Found out union rep off this week.  Told manager A on Wednesday, wanted to reschedule for when union is in. Manager A says they would have to look at when it could be arranged for.
Friday their called into the office, hour late than when letter said. With manager B running the meeting and manager C note taking and 2nd manager.
College says out right the meeting isn't happening without union rep. Told to sit down. Short conversation, meeting is investigation meeting, can only be rearranged 1 time, if they want a union rep, they would have to take what ever union rep is available that day, and manager B would arrange the new meeting.

My colleague is so distressed, and upset. Manager A is a fair manager, manager B just seems to have a list of people they want to get rid of, and manager C is a old school friend of manager B.

The speed at which it's gone to be a disciplinary from informal.
Being told one manager would run it and another does instead.
Being told they can't chose their own rep.

What are the rules and proper procedure because I feel their getting screwed because they don't know or have access to a union rep at the time.

Walker

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I'm not really sure what the investigation is about but would advise calling up the union in the first instance for help arranging a union representative for the meeting.

I would also call protector line and complain that the company is scheduling investigation meetings when your choice of union representative is on holiday and is refusing to reschedule them for when he/she is available.

What is the investigation about?
« Last Edit: 29-06-18, 07:24PM by Walker »

Woodybear

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You are entitled to adjourn for 7 days for a rep. If they are on a 2 week holiday then it’s unlucky but you are still allowed one just have to be someone else

GreenGrocer

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The hours that go into these investigations is ridiculous. I think the TMs are trying to justify an extra manager.

Critchly

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What is the investigation about?

Things were going on at home which meant they had to go home early for a few weeks randomly/unexpectedly but with duty managers permission each time.
Manager B is never in past 6pm unless it's their compulsory duty manager shift. Most of the time their go home at 3pm. Manager A is the one that looks after the department, even though it's not their department,  during the time after manager B goes home to closing.

3 of the times it was manager A who agreed for them to go home.

Walker

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Okay, did they leave early again AFTER the last informal meeting between Manager B and the staff member,?

Critchly

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Okay, did they leave early again AFTER the last informal meeting between Manager B and the staff member,?
I don't think so, but how would that make a difference if they did.
Surely their should have been at least one sit down for a review as outlined as the next corse of action in the meeting with manager B before it went to investigation?
Sorry they have gone home (on time)  and I won't see them till Sunday. So I can't say 100% no. But I don't recall them not being here around the time they are supposed to finish.

lucgeo

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Hang on....if manager A authorised early leave then why is said manager holding or involved in the meetings?? Why are there any meetings if the colleague had been given permission each time by duty to leave early ???

The only chat that should be taking place is a lets talk, based informally on SYA. Obviously it can't go on indefinitely if the home problems are to continue, but then it should be emphasised on support, dropping hours, changing shifts if able....if the colleague has been given permission on each and every occasion by the duty manager then can't see what there is to investigate, unless they believe that the reason given for early leave isn't genuine ??? But even then it would be a lets talk ???

Live for today. Learn from yesterday.

lackofinterest

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or maybe the said duty manager has denied giving them permission to go early. that wouldnt surprise me one iota >:D

Critchly

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Hang on....if manager A authorised early leave then why is said manager holding or involved in the meetings?? Why are there any meetings if the colleague had been given permission each time by duty to leave early ???

The only chat that should be taking place is a lets talk, based informally on SYA. Obviously it can't go on indefinitely if the home problems are to continue, but then it should be emphasised on support, dropping hours, changing shifts if able....if the colleague has been given permission on each and every occasion by the duty manager then can't see what there is to investigate, unless they believe that the reason given for early leave isn't genuine ??? But even then it would be a lets talk ???

Ok so manager A aparrantly seemed to know of said meeting, but seemed to not be too bothered with it happening, like they weren't the one to arrange it. Well that is what my colleague thinks after they talked with them today. They didn't say it but it came across that way.
Which would make sense with manager B rescheduling with them lead
If the letter handed out said manager A was in charge but manager B took over.  Is that allowed?  Or can they request manager A be lead like originally stated?