Expert assistance to avoid disastrous consequences with a faulty disciplinary process.

For Shaun a dedicated health and safety manager an allegation that his negligence resulted in an employee being injured at work was devastating.

Shaun faced a desperate fight to save his job after an employee suffered a serious hand injury while trying to clear a jammed printing press.

The accident occurred after Shaun was asked to review and update operating instructions for the machinery following two similar accidents at the print production factory.

Shaun, who had worked for his employer for just over a decade, prided himself on his commitment to workplace safety. He was jokingly referred to as ‘Captain Caution’ by colleagues.

When Shaun contacted our Employee Support Centre for help, he was adamant he was not to blame for the accident.

Shaun had already started work on his response to the allegation when he first spoke to our trade union representative who would support him in the fight to clear his name.

He was genuinely concerned he was being made a scapegoat for another accident on the same machinery.

Our trade union rep was provided with the notes of the fact-finding meeting, which Shaun attended as part of the disciplinary investigation.

Shaun gave a full and detailed response to the allegation, in which his attention to detail was obvious.

However, Shaun was suspended from work following the meeting, which certainly came as a shock to him.

He was convinced he had been able to demonstrate he was not to blame. But his employer insisted it was his fault, as the updated guidance had failed to prevent another accident.

So, Shaun feared the worst when invited to a disciplinary hearing to face an allegation of negligence.

With it made clear by the employer that dismissal was a potential outcome, Shaun then aged in his early sixties, feared being sacked would be career ending, so there was a lot at stake.

It was clear to our trade union rep after he discussed and reviewed the case and evidence with Shaun, that there was evidence available and witnesses that could support his case.

Our trade union rep, using information provided by Shaun, wrote to the employer, ahead of the disciplinary hearing, to request documentation e.g. safety inspections, maintenance records and the machine operation guidance produced by Shaun.

He also requested that some employees be asked to attend the hearing as witnesses in line with section 12 of the ACAS Code of Practice.

The documentation requested was provided and arrangements were made for witnesses to attend.

Prior to the disciplinary hearing our trade union rep wrote a statement of case, which would be used as the basis to present Shaun’s case. It detailed his response to the allegation.

Our trade union rep shared the document with Shaun ahead of the meeting, and the completed document included his feedback and input.

At the disciplinary hearing, the statement of case and documentation that had been requested was presented to show Shaun had been meticulous and done everything required and possible to ensure the printing press was safe to use.

Our trade union rep focused on the guidance and what it said to do if the printing press jammed and, crucially, not to investigate it or try to fix it in the manner the injured employee had described in his statement.

The statement from the employee and a witness to the accident was used to support Shaun’s assertion his advice on how to deal with the fault, which occurred was not followed. Our trade union rep argued that in the circumstances Shaun could not, and should not be held responsible, for that.

Our trade union rep asked questions of the employees who attended the hearing as witnesses, and the answers helped to show Shaun’s long-standing commitment to safety and proactive approach to addressing potential risks. Our trade union rep used this to emphasise Shaun’s diligence, commitment and prioritising of employee safety.

Shaun was asked a number of questions in relation to the allegation, which he answered. He was supported doing so by our trade union rep who was able to expertly sum up what was said, and had been said previously.

Shaun was later cleared of the allegation.

If you need help to challenge any unfair disciplinary allegation that has been made against you, and you need the assistance of one of our experienced, dedicated and skilled trade union reps, contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.