See www.acas.org.uk/index.aspx?articleid=871#2 "Discipline and dismissals".
" Do workers have the right be accompanied at a disciplinary or grievance
hearing?
Yes. Workers are entitled to be accompanied at certain disciplinary and
grievance hearings by a fellow worker or a trade union official of their
choice, provided they make a reasonable request to be accompanied. They also
have the right to a reasonable postponement of the hearing, within specified
limits, if their chosen companion is unavailable at the time the employer
proposes. Workers have the right to take time off during working hours to
accompany fellow workers employed by the same employer."
See this Business Link advice on correct disciplinary procedure
www.businesslink.gov.uk/bdotg/action/rundtree?r.l3=1075122891&r.l2=1074207487&r.l1=1073858787&r.s=sc&type=DECISION&itemId=1075135528
This is a Q and A.
Nick Landau
----- Original Message -----
From: "Tim Trent" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Thursday, February 09, 2006 10:17 AM
Subject: Re: [data-protection] Letter of complaint and DP
> The future of the employee is for the disciplinary process to determine, I
> think. The individual has solicitors involved, and I think a disciplinary
> hearing is unavoidable.
>
> If the defence is as you say then the outcome of the hearing should
> reflect
> it. But the complaint is heavyweight. And the only course of action for
> the employer is to assemble its defence by showing the actions it has
> taken.
> If asked to advise the employee my advice would be from their standpoint.
>
> The employee should assemble all evidence possible in their favour and
> prepare for a disciplinary process. If they are a member of a trade union
> they should consult that union for help and advice. They should seek
> other
> legal advice as a matter of importance, because a disciplinary hearing is
> heavily weighted in favour of the employer. Provided all is done lawfully
> it need not actually be as fair as a court of law.
>
> -----Original Message-----
> From: Simon Howarth (RGC) Interim Information Governance Manager
> [mailto:[log in to unmask]]
> Sent: 09 February 2006 10:11
> To: 'Tim Trent'; [log in to unmask]
> Subject: RE: [data-protection] Letter of complaint and DP
>
>>While I feel desperately sorry for the staff member as a human being
> because
>>this is likely to lead to the end of their current employment I cannot
>>see how they felt they had the need or the authority to send the email
>>in the first place.
>
> I wouldn't be so hasty on this. I think there has to be some serious
> thought
> about this person's future. For example, have they been properly trained
> and
> did they understand what they should or should not disclose? Whilst the
> individual is at fault it is possible that the organisation is actually to
> blame, and the best course of action may be to educate the staff member in
> future rather than use them as a scape goat and dispense with their
> services. After all they may quite legitimately come back and say "The
> guidelines I have are these, and I interpreted them in this way, not that
> way".
>
> Of course, this presumes that they really weren't properly trained and no
> malice was intended etc, etc.
>
> Duncan is right in what he says regarding the use (or not) of policies and
> procdures. My own view is that if a policy exists that is not in general
> circulation with at least some attempt to ensure that staff understand why
> it's there, then the policy is invalid.
>
> The NHS have in place Information Governance Managers to ensure this sort
> of
> thing is done properly, their role twofold - to ensure policies and
> processes are in place, and also to facilitate the education of staff and
> management as to their obligations. The educational role is the important
> part. The sooner that organisations look to implementing this sort of
> role,
> the better; and whilst it may be a cost, the potential benefits are
> enormous.
>
> Simon Howarth.
>
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