Employment Law in Practice
The meetings - play the game
The agenda for a disciplinary or appeal meeting is the first point of reference for your employment solicitor to advise you on the strategy going forward and for you to assess your employer's arguments. You should work out what are the relevant issues. Always gather evidence, as the meeting should be viewed as a two way process - do not be afraid of providing your own agenda. Employer's agendas can often skip difficult issues that would assist your employment solicitor to determine the cause of action and the merits of your case. Whether the meeting is for redundancy, capability, conduct or some other reason, remember to play the game
These meetings can be a crucial part of the evidence gathering exercise. It is also important to position yourself carefully. On a practical level, employees often feel that as employees they should follow their employers lead. As employment solicitors we advise that the employee should be proactive in meetings, ultimately the law is there to make contractual relationships equal.
For instance, if the meeting is about your capability or conduct, you are clearly there to defend yourself and to disprove the allegations that you do not accept. On the other hand it is about your employer proving them and you should put valid and difficult questions to your employer. To ambush your employer and request answers at the meeting can be very probative. As meeting notes are on the record and form part of the evidence this can be a useful strategy to test the quality of your case at an early stage.
If your employer gives you a difficult question that you have not prepared for you can always simply say that you wish to consider their points and come back to them later; you can ask for a short adjournment and then call an employment solicitor who you have already requested to be on hand.
Crucially, you do not have to agree to anything at the meeting, and should always make your decisions with the assistance of well informed advice from employment solicitors.