Employees

The loss of a job through Dismissal, whether warranted or not, is a devastating event for an Employee. An individual will face the personal challenges of retaining the semblance of self-respect, of telling Family and friends and of replacing the lost income… In the maelstrom of emotions that is inevitable in such a situation it is, nevertheless, important to endeavour to retain some clarity of thinking. Even in circumstances where you may understand why you were fired it is always best to get independent advice from someone who can review the entire process for you and assess whether you were treated fairly.

As an employee, what do you do if facing a disciplinary process at work?

  • Make sure you know your rights. Ensure you have a copy of your Contract and Disciplinary Procedure and consider these carefully.
  • Take advice at the outset and make sure you get representation. Do not enter into the process ‘blindly’, you may after all be fighting to keep your job.
  • Fully co-operate with any Investigation by Management.
  • Make sure you are given full particulars of what precisely is being investigated i.e. what wrongdoing is alleged against you.
  • If there is to be a Disciplinary Meeting ensure that you are accompanied in accordance with the rights provided under your Employment Contract and the Company’s disciplinary process.
  • Before you attend such a meeting, insist that you are given copies of all Statements and information which will be relied upon by Management at the Meeting.
  • Insist that you are given adequate time to prepare.
  • If you dispute the contents of any Statements taken by Management or any Reports commissioned by Management insist that you are given a fair opportunity to challenge this information.
  • Ask for a copy of the Agenda for the Disciplinary Meeting in advance.
  • If there are specific matters you wish addressed at the meeting, prepare a List and provide to Management at the Meeting.
  • If Management introduces new evidence or information at the Disciplinary Meeting that was not previously disclosed, insist that the meeting be adjourned to enable you to prepare your response.
  • If you believe that someone is conducting the Disciplinary Meeting who has had an earlier significant involvement in the process, challenge his/her entitlement to conduct the Disciplinary Meeting.
  • Ensure that you see and approve the Minutes of any Meetings. If you disagree with the contents of any Minutes ask Management, in writing, to amend the Minutes.
  • If you accept that there has been some wrongdoing on your part but wish to have mitigating factor taken into account, list these and provide to Management at the Meeting.
  • If you are accompanied by a Representative make sure adequate time is given to fully instructing your Representative in advance of any meeting.
  • If you are dissatisfied with the Disciplinary outcome, make sure that you understand and exercise your RIGHT TO APPEAL. DON’T ASSUME that the outcome of any Appeal is a forgone conclusion. You are entitled to have your Appeal heard by an Impartial person. IN any subsequent Unfair Dismissal Case you will be expected to show that you exhausted Internal Appeal procedures.

What do you do if your employment is terminated?

IMMEDIATELY contact us at CITADEL. It can be difficult to motivate yourself after the shock of losing your employment in such circumstances, however, the strict time limits on bringing a claim are such that delay in acting can be fatal. You must ACT QUICKLY and have a FIRST CONSULTATION with us immediately following the termination of your employment. Once you put matters in our hands you can then enjoy some ‘breathing space’ to deal with the emotional fall out. You need to be strong in circumstances where we fully appreciate that it can be challenging to stay focused. We will help you.