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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Can a note taker at an employee,s disciplinary hearing then

Resolved Question:

Can a note taker at an employee,s disciplinary hearing then use the comments made by the employee to then raise a grievance against the employee being disciplined?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.

UKSolicitorJA :

Hello,

UKSolicitorJA :

Was the grievance about things said by the employee being disciplined?

UKSolicitorJA :

what exactly was the note taker's role?

Customer:

Yes. Purely to take notes of the disciplinary hearing. She has raised a grievance that the employee,s comments were sexually discriminate.

Customer:

The disciplinary offence was that he took part in a knecknomination whilst being medically signed off as unit for work having had an operation. He received a final written warning as a result of the disciplinary hearing. However, at the meeting he made the comment that if it had been an office full of men instead of women the reaction would have been different to the offence. The female note taker took exception to this and raised a grievance that he was being sexually discriminate. On the employee,s first day back to work he was immediately suspended again pending the outcome of this employee,s grievance.

Customer:

Can you advise what is happening please?

Expert:  UKSolicitorJA replied 3 years ago.
The proceedings of the disciplinary hearing are confidential and this fact should be set out in your employer's disciplinary policy.

The employer should not allow what was said in confidence during the hearing to form part of the note taker's grievance against the employee being discplined as the note taker cannot use that information for her own agenda as it was confidential.

The employee being disciplined may raise a grievance of their own that whatever was said at the hearing is now being used against them by colleagues when the disciplinary should have been a 2 way process between the employee and the employer.

Can I help further?

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Customer: replied 3 years ago.
Relist: Other.
No answer!
Expert:  UKSolicitorJA replied 3 years ago.
The proceedings of the disciplinary hearing are confidential and this fact should be set out in your employer's disciplinary policy.

The employer should not allow what was said in confidence during the hearing to form part of the note taker's grievance against the employee being discplined as the note taker cannot use that information for her own agenda as it was confidential.

The employee being disciplined may raise a grievance of their own that whatever was said at the hearing is now being used against them by colleagues when the disciplinary should have been a 2 way process between the employee and the employer.

Can I help further?