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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47340
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was interviewed under a disciplinary procedure by my company

Resolved Question:

I was interviewed under a disciplinary procedure by my company for clocking out early.It seems that at the end of my shift I should still be on my department and not at the time clock, clocking out exactly when my shift ends.The meeting was attended by my department manager of one week,my nominated witness and a member of the HR department.At the end of the meeting my witness noticed that my manager reached for his mobile phone that was strategically placed on the table. The meeting was minuted by the HR person. My witness only told me when we had left the meeting that in his opinion the meeting was recorded by my manager using his phone.I am now waiting for what is called a stage two meeting to decide my fate.I previously mention that my manager had only been in post for one week as I think this adds to the melting pot of issues.I have been with the company for over 5 years and have never been in this situation,I am 59.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. was it indicated you could lose your job over this incident and have you had any previous warning please.

Customer:

I was given an informal interview.My main point here is the fact that the manager recorded the meeting and did not inform me.

Ben Jones :

Good morning, whilst it is not illegal to record such meetings, even without your permission (for example you could have done the same without informing the employer), it could amount to a breach of the implied term of trust and confidence which exists in every employment relationship. The employer owes you such trust and whilst they are able to have someone in there to act as a note taker and make minutes of the meeting, if they were to record it then they should have informed you of this. It does not mean that the whole meeting is void and you cannot face any further disciplinary action by the employer but they should deal with this breach of trust and consider either deleting the recording or they could even take action against the manager in question, such as for example he could face disciplinary proceedings for what he did. You should bring this issue to the employer’s attention, either informally or by raising a formal grievance with them.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Thank you for your answer.I appreciate your time and consider it money well spent.

Ben Jones : You are welcome all the best
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