Legal advice sites

Discussion in 'General Chat' started by Soundwave, Mar 12, 2006.

  1. Soundwave

    Soundwave
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    Guys,

    Got a quickie for you...

    Without going into too much detail my Dad has been put on disciplinary at work (probably with a view to dismisal & problems regarding future references) He has been given any reasons for this & has got a hearing this week.

    He's after looking online for some legal advice & I was just curious if anyone knew of any good sites to look at that deal with this kind of thing?

    Thanks in advance for any help...it's much appreciated.

    Neil
     
  2. KiNeL

    KiNeL
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    Citizens Advice Bureau.

    Sometimes your House or contents insurance has a legal advice facility, check the policy.

    Good luck.
     
  3. lynx

    lynx
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  4. Soundwave

    Soundwave
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    Thanks for the advice it's appreciated.

    I've just checked & Dad has been advised in writing about the Disciplinary hearing (it's due on wednesday) & does have someone to represent him.

    He has the Acas site down & is giving them a call tomorrow for some advice.

    He's also been signed off sick by the doctor & handed in his resignation but they are still insisting on the disciplinary hearing with a view to all future references from the company being affected by the outcome of this hearing.

    As far as we are aware he hasnt done anything that contradicts any of his work practices & if there is anything they havent made him aware of these cases.
    Also according to Dad's represantative they tried a similar course of action to force out his predecessor three years ago.

    Thanks again for the help, will keep you posted on any findings & the outcome.

    Neil
     
  5. lynx

    lynx
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    I'm concerned with a few points.The employer isn't following good practice by progressing with disciplinary action while the employee is certified sick.Why has your dad been quick to resign? If he felt he had little choice in the matter he should still have sought advice from his representative as there are many ways to skin a cat, possibly your dad isn't aware of all options.Have management implied that they have already concluded your dad is guilty before the hearing has run it's course? Even if your dad is 'guilty' of something there are often mitigating circumstances which when taken into account may merit a verbal/written warning rather than dismisal.
     
  6. Soundwave

    Soundwave
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    Hi Lynx,

    Thanks so much for your help.

    Hi, Neil's just passed it over to me as it is easier for me to put points down.

    Initially I was called in and suspended without warning. No info was given as it was an 'ongoing investigation'. I was then called in to an investigative interview where issues were raised but I was expected to answer cold. I was supported by a friend who is also a union rep (I am not a member of his but have pensioner status from a previous employment). It was after this I went to my Doctor as I was stressed (surprise).

    The company sent me to their Occ Health who reported I was fit to proceed. My Doctor has signed me off again however. I had decided to resign as a way of closing it (all I work with have an idea of the situation so it would be tricky returning even if I'm exonerated) and then recieved the notification of the hearing. My friend will support me again.

    As you say I thought if you were sick they couldn't proceed? Also it seems they've got their mind made up re dismissal - surely my resignation is a win for them? They are being damning regarding future refs including the disciplinary and the outcome.

    Last question - is it OK to take a voice recorder with me to the hearing?

    Many thanks again.

    Mike. (Neils Dad)
     
  7. lynx

    lynx
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    It may be more appropriate to take this to PM (give me 10 minutes).
     
  8. Londondecca

    Londondecca
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    Regarding the 'friend' is this referring to a personal friend or in the professional sense of a work colleague.

    If you feel that the outcome is predetermined, one option would be to launch a grievance.

    Voice recorders are not that great at picking up all the voices and in my experience rarely worth the effort.
     
  9. booyaka

    booyaka
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    Also i think (not 100% certain) that you must inform the other people in the meeting that you intend to tape the meeting. It would not be able to be used as any form of evidence at a future point if you did not advise them it was being taped

    Good luck with your situation
     
  10. Soundwave

    Soundwave
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    Thanks Sean for your coments. Sorry so long but I have only just got back on line.

    What you say seems to cover most points. I will PM you though to clarify matters if thats OK.

    To all others who have replied, thanks for your input and I'll be back if I need more info. At the moment I seem to have partially sorted it.

    Regards,

    Mike.
     
  11. Londondecca

    Londondecca
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    Based upon what has been stated, I would like to add the following.

    If an employee is in someway receiving messages which says a future reference is likely to be less than satisfactory and the outcome of the disciplinary is predetermined, this is a cause for concern and may be seen as constructive dismissal.

    As for the Occ Health report, it is up to the organisation to make a decision as to accept their own report which appears to contradict a General Practitioners view, which may or may not be relevant in future proceedings.

    I would highly recommend writing a grievance in order that some of these issues can be addressed before the disciplinary.

    Just to add a little bit to Sean5302's comments regarding facts and evidence, whilst this is generally true I have witnessed enough Tribunals and disciplinary hearings to say it is not always the case
     
  12. bitofatit

    bitofatit
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    Not sure if this will help but have my 2 penneth.

    Just a thought - you asked for access to "advice" - It is worth checking you Home content insurance policy. Often hidden away is a clause that gives you access to free legal advice for employment tribunal cases - give you insurance co. a ring. Maybe you may be covered in which case steam in and get proper legal advice. As I left my union after 23 years membership - I thoght it best to seek coverage and always ensure that I now get this kind of cover. I think it costs me an additonal £9 pa with me current company - worth it for piece of mind. Good luck
    B of a T
     
  13. Londondecca

    Londondecca
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    What was the outcome of the meeting
     
  14. KiNeL

    KiNeL
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    As I said in reply #2...;)
     

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