A meeting with the area manager

[BlueRiband]

I don't wish to go into to much detail but if i have the area manager come into see me about my job and how i am doing it,i have the right to have a witness beside me don't i?

[Merlin4458]

yes u do. Even when i worked at waitrose ur aloud and usually pursuaded to have 1. You should also be given an indication as to why the meeting is taking place so u can prepare

[Theo]

Area managers quite often smell of poo, too.

[mrsobvious]

You can find legal advice for employment issues using the Community Legal Service website clsdirect.org.uk or give them a call on 0845 345 4 345

Theres also www_dot_employmenttribunals.gov.uk

Having a basic knowledge of your rights (and letting your employer know this) can go a long way.

[Koolpc]

Depends. If you have done something wrong, or are accused of doing something wrong then a witness is a good idea.

[BlueRiband]

Sweet,I'm good mates with other managers and i have just been told that my current manager and the area manager (Who are best buddies) are planning on getting me out,Althought i've done **** wrong and the manager knows **** all what to do in store.

[GoNz0]

best get a witness then

[Koolpc]

A reliable witness at that!

[Rave]

IANAL. If it's a formal disciplinary hearing, then AFAIK you're entitled to representation. If it's not a formal disciplinary hearing, then AFAIK, you're not- but you can't be served with any kind of recorded sanction.

[staker]

Yer i think you can get represented by fellow worker or TUist

[BlueRiband]

Might aswell tell you what happened then,The Area manager,My current manager and someone from hr came in and had a chat without me being there (Well i was at work just not in the office) when my shift ended i just went home.I've been informed i will be having a disciplinary that will be done by a store manager and my current manager taking notes.

I always thought you need the area manager who someone from hr to do the hearing not a manager

[Lucio]

Originally Posted by BlueRiband

Might aswell tell you what happened then,The Area manager,My current manager and someone from hr came in and had a chat without me being there (Well i was at work just not in the office) when my shift ended i just went home.I've been informed i will be having a disciplinary that will be done by a store manager and my current manager taking notes.

I always thought you need the area manager who someone from hr to do the hearing not a manager

Depends entirely on company policy to be honest. I'd take it as a good sign, because if they were going to fire you, they'd probably have done it with the HR person in the building.

Hopefully it'll just be a written warning but if I were you I'd take someone along anyway.


What on earth was it you've done??? (hopefully it's not posting on the Internet whilst at work! )

[BlueRiband]

I've done ****,Its because i'm an assistant manager and as i was working in the back office the person who was working with me came in the back for what they say was 10 minutes,They are trying to do me for leaving the shop floor unattended (No customers we're in the shop at the time and it happens all the time,I feel like a making a stand with me.

[Saracen]

Originally Posted by BlueRiband

Might aswell tell you what happened then,The Area manager,My current manager and someone from hr came in and had a chat without me being there (Well i was at work just not in the office) when my shift ended i just went home.I've been informed i will be having a disciplinary that will be done by a store manager and my current manager taking notes.

I always thought you need the area manager who someone from hr to do the hearing not a manager

I'm not a lawyer either, but there are extensive rules, and laws, about what must and must not be done as part of a disciplinary process. And it can be quite complicated.

As I understand it, you are entitled to a witness at the forthcoming meeting, but there are restrictions on who it can be. It certainly can be either a fellow worker or a union rep ..... and I'd probably suggest the latter if often the better bet.

There are also processes the company MUST go through, before that meeting. Again, I'm not a lawyer, but as I understand it, that process includes an investigation into any alleged misconduct. That could well be what the meeting you didn't go to was. Depending on circumstances, there might also be the taking of formal, written statements from witnesses.

You should also be apprised of any formal hearings in writing, including the nature of any allegations of conduct requiring a disciplinary. The logic is that only if you know what's being alleged do you have a chance top prepare for the meeting. You can't defend yourself without knowing what to defend against. You must be given opportunity to rearrange the time or date of the meeting if you have good reason , but you must also make all reasonable efforts to attend. If you take a colleague with you as a witness, it must be made clear to them that time of work to do this will be arranged.

Anyway, as I said, there's a fairly substantial set of hoops the company must jump through, most of which are embedded in statute and are therefore mandatory on the company. And if they fail to follow those, it is likely to ensure they lose any subsequent tribunal hearing, of you get that far and decide to pursue that route.

But it's also worth bearing in mind there's two grades, if you like, of misconduct. One type (gross misconduct) is so serious you'd probably already have been fired, so that isn't what's happening and from what you've said, what you're accused of wouldn't qualify anyway).

The other type is a misconduct of a level where the objective of the exercise is to modify the behaviour that led to the process in the first place. Generally, only if such behaviour, or other types of misconduct persisted through several stages, would it lead to dismissal.

So, it sounds like where you're at is that there is an allegation of misconduct. This meeting should not be pre-decided, but to investigate that allegation, and it should be prepared to listen to and consider your side before any decision is made. In other words, in courtroom terms you've been accused, not convicted .... yet. I'd suggest approaching this meeting with that attitude firmly in mind. Don't be antagonistic, defensive or confrontational .... yet.

Listen to what they have to say. Listen and consider. Or at least, appear to listen and consider. It may be that they are right and have a point. Obviously, I don't know. Consider what they're saying, and .... calmly and rationally put your side of it. If part of that side is that what you're accused of is common practice and everyone does it, point that out. But do so, at least at this point, in a constructive manner.

Odds are, even if they're right and that you shouldn't have done what they say you shouldn't have done, this will be no more than a slapped wrist and, of course, having been warned, don't do it again. That, in all likelihood, will be the end of the matter. And, because of that, your attitude to this meeting and how you handle it could well be more important that what's alleged, or even the outcome. That's why I suggest playing it cool, calm and professional, rather than overly defensive, which is what seems implied when you say "making a stand".

What I'm trying to suggest is that if you approach this meeting with at least an appearance of getting something constructive out of it, you might lose the battle, or really, just a minor skirmish, but you stand to win the war. If you're too confrontational about it, you might will the skirmish but lose the war. Play the game.

Anyway, this might all be unwanted advice, but as a GD thread, I take that as tacit permission to offer it whether it's useful or not.

[Salazaar]

If nothing happened as a result of it (i.e. no money or stock went walkabout as a result of being unattended) they probably do just want to give you an unofficial slap on the wrists. The best thing you can do is to suck it up and let them.

[Jay]

they will be giving you "counseling"

This is just a chat to let you know your mistake.

If they do decide that they are going to give you a warning then they have gone about this all wrong and you may need to appeal

Before a disciplinary they must first let you know what its about, give you time to prepare and also give you the opportunity to see the evidence against you and arrange a witness.