What you could say in the disciplinary meeting to get to a settlement
This is the caveat for all articles we publish. These are opinions freely given, and they aren’t going to be right in all situations (see here for our terms and conditions) so use at your own risk. For tailored advice, book an appointment to discuss.
This depends on what you want as an outcome- do you want to stay or go? (see here for discussion). If you want to go, read on. If you want to stay, see here.
“I’m not comfortable proceeding by myself, and I’d like more time to find a support person”.
As discussed here and here, you get to the opportunity to have someone with you. Opportunity is the key word- it’s not necessary, so if you don’t have someone, they should ask you if you’re happy by yourself. If you’re not, say so, because say yes means you are fine, and essentially waiving this right. Alternatively you can ask for the opportunity to proceed, but adjourn if you’re become uncomfortable. But if you’re proceeding unrepresented and uncomfortable with that, your employer will need to justify why they did so.
“This is new information to me. That’s not fair”.
I’ve discussed this issue here and here, and this a complex situation, but to keep it simple- in a fair process, there should be no surprises. If you find yourself being presented with new information before you had a chance to put your side of the story first, you should say so, words to the effect ‘this is new to me, I need time to consider’ and seek an adjournment. If they don’t give you time, make a point of saying that you don’t believe this is fair.
If it’s given to you after you’ve put your side of the story, that’s an issue for the employer, and you need to point it out as unfair. The employer can’t ambush you with new information, pulling it out of their sleeve at the more opportune time of after you’ve spoken, and now we have a situation they can’t walk back.
“You need to get more information on…”.
The employer needs to get all the information. You can’t do your own investigation, you can’t call witness. So they need to get the full picture, not just stop when they have enough to prove what they suspect you of.
You want to pointing out that there is more to know. if this is the final meeting, and not an investigation meeting, there’s a good chance that your employer wants this wrapped in this meeting, and not have it drag out (see here for discussion of your boss’ mood). But the employer needs to be full and thorough in collecting the information (see here) so shouldn’t proceed without all the information. If you point out knowledge gaps, they should go and look at them. They may not and they are not necessarily wrong, but it should make them a nervous.
“You haven’t given me a fair chance, you’ve already made up your mind”.
Are they really listening? If this a fair meeting or a kangaroo court? This is an allegation easily made, but equally easily refuted- employers will always say they are listening even if they aren’t really. If you have evidence their mind is already made up however, this is good, because the courts really dislike closed minds. Evidence is hard to come by, but if they’ve already drafted the warning, already closed your login, or the invite letter implies (or states) the decision is made, they you’ve good evidence.
If this happens, I’m taking it further, I’ll be taking a personal grievance
This is a riskier strategy, because it escalates the situation (see here for more on this), and generally speaking you want to let your boss backdown without losing face (see here for more on this). Threatening a personal grievance can force the issue- either they go through with it or backdown due to your threat. If your going to do this, better to get your support person to do it (see here for more on this).
