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Disciplinary Hearing

Discussion in 'Workplace dilemmas' started by BeautifulMind9, Jan 8, 2019.

  1. BeautifulMind9

    BeautifulMind9 New commenter

    Hi. I'm currently off work due to wrs & have a disciplinary hearing for a work related matter in a few weeks that could result in my dismissal for aparent gross misconduct.

    I wont go into detail but i'm looking for any advice on how to prepare? What can I expect? What happens? I'm so anxious.

    If I was to hand my notice in prior to the meeting, would I still have to attend it?

    Any help or advice welcome. Thanks all.
    History88 likes this.
  2. meggyd

    meggyd Star commenter

    You must speak to your union pronto!
  3. Presleygirl

    Presleygirl Occasional commenter

  4. jellycowfish

    jellycowfish Occasional commenter

    I've been through it. Please feel free to pm me.
  5. nomad

    nomad Star commenter

    First of all, contact your union. Not the school rep. Telephone the Regional Rep.

    If you are not a member of a union, then download the ACAS Code of Practice http://www.acas.org.uk/index.aspx?articleid=2174 This will let you know what to expect.

    No. Depending on the severity of the allegations, the hearing would just be held in your absence.

    If there is any chance of a dismissal for gross misconduct, then an investigation should have been carried out by an independent person. You will have received a copy of the Investigating Officer's report, along with copies of witness statements, etc.
  6. Rott Weiler

    Rott Weiler Star commenter Forum guide

    What nomad says.

    Also read the school's Disciplinary Policy. It should say something about the procedure.

    If this is serious enough for a Gross Misconduct dismissal to be possible the school has to have carried out an investigation and given you a copy of the investigating officer's report. Have they? Did your union advise you &/or accompany you to the investigation meeting(s)?

    Resigning would achieve nothing, and could be seen by some as indicating guilt. If you resigned it wouldn't be effective until the (presumably) April 30th. Just because you'd be working out your notice doesn't stop the school dismissing you during the notice period. Then your formal employment record would just show you as having been dismissed, not as having resigned.
  7. BeautifulMind9

    BeautifulMind9 New commenter

    Thank you. Sorry I should have said , yes there has been an investigation & Union are supporting
    Orchid2457 and agathamorse like this.
  8. Bedlam3

    Bedlam3 Star commenter

    Don't rush to resign. Is it possible your school are doing this as an excuse to get rid of you because of your WRS? Do you feel you have done something that amounts to gross misconduct? ( Dont tell us what as this might identify you )
    If you know / feel sure you haven't done anything majorly wrong then I think you should sit tight and follow your unions advice.
    Orchid2457 and agathamorse like this.
  9. IanG

    IanG Occasional commenter

    Plus depending on the seriousness then passed onto NCTL...
    agathamorse likes this.
  10. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Your union rep will be able to explain the procedure and answer your questions.
    mothorchid and agathamorse like this.
  11. BeautifulMind9

    BeautifulMind9 New commenter

    What if I wanted to leave for another job? Would the hearing still go ahead? What would the chances be of them dismissing me before the hearing?
    Thank you
  12. caterpillartobutterfly

    caterpillartobutterfly Star commenter

    You MUST take your union's advice and comment for all of these questions.
    Nothing anyone can post here will help as not all schools have identical policies.
    agathamorse likes this.
  13. caterpillartobutterfly

    caterpillartobutterfly Star commenter

  14. jarndyce

    jarndyce Occasional commenter

    I would recommend seeking out a solicitor as well who may be able to add weight to your defence. You should be permitted to submit a statement which they can help you write. Search Google for education solicitor.
  15. Rott Weiler

    Rott Weiler Star commenter Forum guide

    There's really not much point in that if you are being supported and represented by your union. What could a solicitor offer that the union can't? There's no suggestion that the allegation against OP hinges on some technical legal point. Disciplinary allegations rarely do, they're usually arguments about facts.

    And a solicitor can't accompany you to the disciplinary hearing but the union rep can.
  16. BeautifulMind9

    BeautifulMind9 New commenter

    Related to the weekend away you mean? No its not, the weekend was fine and authorised before the start of the new school september term and I still plan on going if I feel well enough mentally & emotionally. My doctor keeps reminding me the anxiety is down to a work situation and doesnt mean I have to stop doing things, if mood allows, she said to go & there would be very little they could say. Its not like i'm taking advantage & booking weekends away just because i'm off work.
  17. Rott Weiler

    Rott Weiler Star commenter Forum guide

    Impossible to say, I know about your school or the allegations against you.

    They have no obligation to release you early to start another job so my guess is they would still continue with the disciplinary hearing. They can't dismiss you before the hearing takes place. Dismissal can only happen if that is the decision of the disciplinary panel at the hearing.
    JohnJCazorla likes this.
  18. Rott Weiler

    Rott Weiler Star commenter Forum guide

    [EDIT - typo] Impossible to say, I know nothing about your school or the allegations against you
  19. iksoklusard

    iksoklusard New commenter

    Hi can I pm you?
  20. greeneyes

    greeneyes Occasional commenter

    Actually you CAN resign with immediate effect. The school can of course chase you on breach of contract but more often than not they prefer to just drop it once you indicate you're willing to go quietly.

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