This is quite a long thread and I am happy to accept your response several times whilst we go through this.
We have received a response letter from the employee which states the below:
Following your letter dated 19th July I wish to confirm the following details with you.
How to hold a disciplinary hearing1 Gather the facts - the allegation, evidence, and the employee's past record. (we did this)
2 Try to resolve the issue informally first. If this does not work, raise the matter formally without delay. (we did this by discussing the presentation he had to do with him but he said he didn't want to do it)
3 Inform the employee in writing, explaining the reason for the hearing and when it will take place; allow the employee at least three working days' notice to prepare a case. (did all of this apart from gave 24 hours notice)
4 Arrange for any witnesses, or evidence you or the employee wants to present at the hearing, to be available.(notified him he could bring a colleague or trade union representative)
5 Tell the employee that they can bring a colleague (or union representative) to the hearing. (did this)
6 Review your procedures and make sure they conform to the statutory minimum three-step process. (? )
7 Prepare yourself to be calm and open-minded throughout the hearing; be ready to adjourn the hearing if tempers become frayed. (?)
8 Begin the hearing by explaining what will happen; set and keep to an agenda to maintain control of the hearing. (explained this)
9 Present the case against the employee. (did this)
10 Allow time for a response and consider the case from the other side. (asked if he had anything to say or any questions and he said no to both)
11 Clarify any mitigating circumstances for example, if the employee was unaware of the rules, or similar behavior is widespread. (?)
12 Encourage suggestions to help overcome the problem. (?)
13 summaries the discussion and adjourn to make any further investigations necessary and to reach a decision. (summarised at the end)
14 Consider how serious the offence is, what action it merits and any steps which could be taken to improve the situation. (did this)
15 Inform the employee of your decision as soon as possible in writing; issue and explain any warning. (did this)
16 Explain that the employee has the right to appeal; if possible any appeal should be heard by someone senior who has not been involved in the initial hearing. (explained that he could appeal - which he did)
17 Throughout, keep a detailed written record; ask the employee to sign any improvement plan, and emphasis the consequences of further offences. (took basic notes, he took none)
Simon none of this was done and the only other person present in the room was Suzanne your wife. I feel as the allegations were by you this should have been presided over by someone impartial, as I didn’t stand a chance. (Simon is the MD I am his wife but also the Financial Controller and work in the company full time, its not about standing a chance its about presenting the facts and based on these facts coming to an outcome.)
(What part of the above is employment law please.)
As for the discrimination
Following the letter of your decision dated 12th July you gave me a verbal warning concerning my performance, the month previous I was not the one who performed the worse, but the only one to receive a verbal warning. (He did have the worst performance and this was discussed in a meeting with the other telemarketer who came top)
Set unrealistic targets and to be reviewed weekly. (Targeted to book 3 appointments per week, prior to the 17th June he had hit this amount of appointments on various occasions. 2 new telemarketers have started and they have booked 2-3 per week over the past 5 weeks whereas this employee has booked 3 appointments in 5 weeks total. Therefore he has been put on a weekly target which is reviewed weekly, the other telemarketers aren't on this as they have been with us 1-2 months and are performing, he has been with us over 2 years and is not. Is this discriminatory? He is also getting regular training along with the other telemarketers)
Trust issues i.e.: access to shared drive so unable to do the stock work. (Access to this drive on the server was denied as he didn't need to see all the company information. Can set this back up or just let him see this on the shared drive)
Also have no access to employee forms as other employees have. (don't know what forms he needs but once again can set this up for the requested forms)
Your attitude to me in the office has changed and don’t know why as showed nothing but loyalty over the past 28 months (? - not sure what this is about)
Where do we go from here? Hold the discrimination hearing and discuss the above, at the end can we come to the decision that this is not upheld if we feel this is the case?
To throw a spanner in the works, we had a letter from one of the other telemarketers on Friday saying that they wanted to be moved away from him because she feels intimidated, de-motivated and doesn't like the way he is looking at certain parts of her body. She said that he is having a negative impact on her and he is affecting her performance. Guess this is a different issue altogether.