We have an employee suspended from work for serious breaches of operating procedures. The HR Manager called him and invited him to attend a meeting but failed to mention the fact that the meeting was to be a disciplinary or that he had the right to accompaniment. I am the Senior Manager who is dealing with the Investigation and am ready to conduct the Disciplinary hearing. The employee says I should not be dealing with both stages that I need to give details of what sort of meeting it is and that all his colleagues follow the same practices which have been condoned by his line manager.
Employers need to be clear about what it is that they are inviting people to and to put it in writing, including some detail about what the alleged offence is. If it is just an investigation meeting then he does not have the right to be accompanied by a colleague or accredited trade union representative. Only in small organisations or special circumstances, is it advisable to have the same person conducting the investigation and deciding the disciplinary sanction. You should invite him to an investigation meeting and ask him for evidence of widespread malpractice or where this evidence might be found. You should fully investigate and you may conclude that that further action including dismissal would be very unwise as it might no be reasonable/fair in all the circumstances If you think it requires disciplinary action you should ask the HR manager to find someone else to decide what to do in a proper disciplinary hearing where he will have the right to be accompanied.
