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14-12-19, 06:46PM

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Author Topic: How long is a disciplinary/dismissal process really meant to take?  (Read 21037 times)

lucgeo

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And did they give you the names??
Live for today. Learn from yesterday.

BounceyBall

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Yep I got the names these allegations are truly false

BounceyBall

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It’s basically 1 person being influenced by 2 other witnesses

Overworked1

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Administrator Comment Please make your posts more relevant to the topics you are posting in. Nomad

BounceyBall

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I need some help guys. What happens if they have 3 witness statements and no evidance can I still get dismissed

NightAndDay

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If the allegations are surrounding the texts you made in a group chat, then the evidence is self preserved the witness statements are pointless, furthermore if the "witnesses" are the members of the group chat, then they're thick as pig muck as they're also implicating themselves which means the investigation manager has to either raise it to a group investigation or drop it completely.

BounceyBall

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I’ve been interviewed for about a good 2 hours and then they re-suspended me until Tuesday for the interview to continue, are they allowed to do that spend so long on the interview ?

NightAndDay

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They can as long as it's with pay.

Overworked1

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Spending 2 hours interviewing you seems ott. From what you say the case seem straight forward as does any evidence. Prolonging it further doesn’t seem fair for those concerned (you). How are you the only one being investigated I would be asking when you say others were having having a go at her.

Preacherpauly

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I need some help guys. What happens if they have 3 witness statements and no evidance can I still get dismissed

Are you being truthful about its only been text messages? What are all 3 saying you did? Have you been saying things to her at work away as well as the messages?

For them to be taking so long then maybe its something more, as you said it was only a group whatapp chat and surely they have seen the messages of her lol replies as you say.

gummibear

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After some clarification on the dismissal process please. If a manager from another store is brought in to make the meeting “impartial”, should the note taker also come from another store? Especially if the end result of meeting is dismissal from company? Any thoughts welcome.

lordadmiral

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Note taker can be local his/her presence its just to write down what is said not to judge you.

Redshoes

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As above, note taker does not take an active role in decisions. Is only to take notes. However, it might have been better but falls within nice to have and not must.

penguin

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No as the note taker should not be taking any part in the meeting, other than of course writing notes. The only exception is the note taker can ask someone to repeat themselves if they need to clarify what had just been said, to ensure the notes are correct.
« Last Edit: 07-10-19, 09:46AM by penguin »
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Cleaner1

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I need some help guys. What happens if they have 3 witness statements and no evidance can I still get dismissed

Are you being truthful about its only been text messages? What are all 3 saying you did? Have you been saying things to her at work away as well as the messages?

For them to be taking so long then maybe its something more, as you said it was only a group whatapp chat and surely they have seen the messages of her lol replies as you say.

They could have 3000 witness statements the chances are none of the stories will be consistent, some will be part truth and tale and some will contain inappropriate a biased content. Yes the SM could sack you by rational but the chances are a lawyer would consider it unfair dismisal. My rational is those conducting the dsciplinary should be disciplined for taking all this time. Why would you give a manager a witness statement against another collegue anyway. Do some work and go home!

NightAndDay

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As said earlier, if the witnesses were part of the misconduct then the SM will either have to do a group disciplinary or drop the investigation, one of the defining situations of unfair dismissal is being sacked for something that others have taken part in and have not received equivalent treatment, either the punishment is equal or it's unfair. (Not taking into account disciplinary record).
« Last Edit: 07-10-19, 02:15PM by NightAndDay »