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Old 7th May 2020, 7:22 pm   #62
dave walsh
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Join Date: Jan 2006
Location: Ramsbottom (Nr Bury) Lancs or Bexhill (Nr Hastings) Sussex.
Posts: 4,816
Default Re: Was there any disciplinary procedures in British R & TV factories?

Re post 48 Chris. If you have a visual disability are you registered in any way? Whether you are are or not, there is a legal responsibility on the employer to make "appropriate adjustments" in the workplace under the law. It's my guess that this would knock down any allegation of misconduct or negligence from the start! The legislation upon which Employment Tribunals rely is extremely sophisticated and has a strict observance of protocol that I would say is superior to that of the Criminal Courts. For example opposing parties are kept strictly apart and marched into court separately. The bench is comprised of a Senior Judge, a Union Rep and an experienced Industrial Manager. Overall the court will seek fairness to all of course but especially, say, an un or under represented claimant.

I'm not at all recommending you follow that route, it's very difficult and stressful but bear it in mind as a resource you may have. In fact very few employers really understand it. Say very little in meetings except "I will need to think that over" and ask for a written account of what transpired. You should e-mail all your enquiries and say "It's my understanding that .." Don't just rely on notes that can be "lost". E-mail is your friend and hard copy everything! If they drag things out they may lose track of what actually happened. At the end of the day, if you have evidence and they don't, that will be that. Endless discussion [in itself] is just very exhausting and doesn't matter. What can be proven does. Most people tend to say far too much in the panic of the moment and are too trusting of someone [apparently] being nice in them. [It's why Barristers always take their time when asking questions-looking around-significant pauses etc]. They may be hoping to bounce you into something after you've sweated it out over the weekend-the choice of date, after the Bank Holiday, may be significant! They won't be doing any worrying, you can be certain of that-it's just another "problem".

The only sort of sweating you do should be from sun-bathing. Their actions so far look just like incompetence, a diversion of responsibility and/or a hidden agenda. Remain calm. Stay cool. The onus is on them to prove any "case" not you.

Dave W

"If in doubt? Say NOWT" [ Lancashire Saying]

Last edited by dave walsh; 7th May 2020 at 7:35 pm.
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