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Can my employer refuse to show CCTV evidence prior to a disciplinary hearing?
I was refused to see a video during an investigation at my place of work. I was told I was on it witnessing an incident but was told I could not see it. Did I have the right to see this video before my disciplinary hearing? Also, when I arrived at the hearing before it started I offered my resignation, but it was refused and consequently I was dismissed, should my resignation been accepted? Are my former employers bound by law to give me a copy of the tape used at my hearing? They are refusing to give this to me before my appeal.
You are entitled to see the
evidence against you in any disciplinary hearing. Your employer would have to
have exceptional grounds to refuse this. It may be that they do have exceptional
grounds but they should explain these to you.
If a reasonable explanation is not forthcoming it is likely any subsequent dismissal will be deemed to be unfair for failure to follow correct procedures. However, in any succesful tribunal claim the tribunal is entitled to reduce any compensation awarded to refelcet the fact that, if a fair procedure had been adopted, there would have been a dismissal in any event.
Much depends what is on the video. Presumably a description of events has been given to you. Can you advise whether or not you were aware of the existence of the camera which may give rise to further claims?
Even if your employers had accepted your resignation they are still entitled to dismiss you during your notice period.
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