right to be accompanied at disciplinary hearing?

I had a disciplinary and organised a witness for myself, my witness was taken from me to become the company witness as the company witness had not turned up, I did not feel comfortable with this but was told it was going ahead any how, I was issued with a first and final warning, I appealed this and the decision was upheld, I was told that the reason my witness was taken from me was a genuine mistake, thanks for any advice.

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  • gk
    Lv 6
    9 years ago
    Favorite Answer

    Sounds like a very dodgy company, if they can take your witness and use her themselves. What about your witness, why did she not refuse? She should have told the company that she was YOUR witness and did not want to switch sides.

    As you have appealed and your appeal was rejected, it's obvious that the company is definitely getting rid of you - slowly but surely.

    All you can do now is to accept it quietly or if you feel that you have very strong grounds for not being given the warning, you can take the company to an industrial tribunal, but that means they will definitely sack you at some stage.

    You have not mentioned what you did to get a disciplinary so we are unable to judge the seriousness of your situation but sorry to say, it looks like your days are numbered at this company.

  • Nick
    Lv 7
    9 years ago

    The person who accompanies you isn't a witness. A witness sees the act you are accused of.

    It is possible this made no difference to the outcome. But with no facts about what you did it is hard to say. You have no external recourse because you were not dismissed.

    I think you mean a Final Written Warning. It may have been the first, but this means you just escaped dismissal, so it must have been viewed by your employer as serious.

    I suspect it will be best to put it behind you. However, technically you could take a Grievance about failure to follow the ACAS Code (which is close to being law, but isn't). Or ask them what mitigation they granted because of their error - that might have meant you escaped dismissal.

    Best wishes.

    Source(s): http://www.acas.org.uk/index.aspx?articleid=2174 <<< you can read the ACAS Code here
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