HELP Fired for Gross Misconduct, can anyone help?

[Henrysgone]

NC because I am going to be recognisable with all my other comments and threads.
Well, I've been a bit stupid, naive, flippant etc.

Trying not to give too much identifiable information but I work in an area when one main employer is paying your salary by "leasing" you to different projects. Usually, you are always employed but occasionally, you might find yourself with no work but you still get paid and wait for the next project to arrive. By being employed like that you don't get paid as much as working alone but for those moment with no work, it's godsend to have a steady income.

I found myself in december in such a position. No work. This took over 7 months to find me something to do and in the meantime, I was connected to both the internet and having my emails so I didn't think it was necessary to go to the office every day and sit around for 9 hours doing nothing. I thought if something comes up, I will get a call/email and go in the office. I used to go in the office every other day for a few hours just to be seen.

And this is where the gross misconduct comes. According to my contract I should have been in the office for the whole 8 hours and they have gotten proof via the log-in/out system it exists at work that was not the case. Since this has been going on for months, it is classed as gross misconduct. Their argument was I didn't ask for work and was not proactive therefore I fell under their radar. My argument is they did it on purpose as it was said in a meeting that they "were surprised I had not left yet". My work has meet standards (and a few of them I exceed the standards) all the 10 years I worked for this company.

Now, my hearing with HR and my representative is for this week. I was caught of guard so I asked if I resign to have a clean record to find another job and not be unemployable. They can't guarantee that. But when I check online, poor timekeeping is not gross misconduct and it's their fault, nobody stopped me earlier.

What could I do. While this chance has been truly screwed, I want to preserve my name. I have a decent career and a family to feed and can't throw it all away if I become unemployable.
I am distraught right now as this is not how I envisage my life to turn.

I'm not really sure you stand much of a chance to be honest.
You could have gone into the office more and you could have been more proactive about getting some work.

On a brighter note...most reference requests don't ask why a person has left. You could simply put that you left due to family reasons....or whatever else you wanted

It sounds like you work in IT and were on "Gardening Leave"

I don't know what the OP does but what she has described is not "gardening leave"

Gardening leave to me is where you resign and are not allowed back in the office after resignation due to your position and access to information.

It's usually a notice period (3 months) on full pay before you start your new role, it's used to protect intellectual property.

Hopefully OP has spoken to an employment lawyer.
She may have been advised not to post on social media about the issues any further.

Perhaps she will return at some point in future or in all liklihood not, because again she will probably be advised to not be publicising anything she or the company has done or not done and any agree,net reached.

I think all we can hope is that she has accessed advice and that a lawyer is helping her to get the best possible outcome from the situation.

OP - your manager has given you a gift by actually telling you that they 'thought you would have left by now'. They were clearly trying to 'manage you out' - i.e. trying to get you to jump rather than having to push you. As someone who has had to do it, take it from me, companies will avoid firing people if they can get them to leave voluntarily. Disciplinary procedures are time consuming and a pain in the arse. You haven't played ball and quit, so now they're stepping it up. Even now I doubt they're really planning on trying for gross misconduct - my guess is they're hoping that you know you've been taking the piss and will resign to avoid being sacked.

Tell them that you've felt under considerable stress due to fearing for your job because of the lack of work assigned to you, but now you're concerned that there was work there all along, but it just wasn't assigned to you because they're trying to force you out. Make sure you quote your manager directly and, if he tries to fob you off, simply keep repeating 'Did you say you thought I'd have left by now? Yes or no?' Do NOT let them brush this comment under the carpet.

A couple of people have mentioned 'custom and practice'. This is vital to your case. What have others done in your position? If they're all there 9 - 5 regardless, you can't really argue that what you did was okay. If, however, others have also spent less time in the office and have taken a 'relaxed' approach to timekeeping, you (or, better, an employment lawyer) can argue this has become custom and practice. It doesn't matter what your contract states if you can prove the reality is different.

Take a colleague with you to the meeting - you are entitled to do this. They can't speak on your behalf, but it means you have an independent witness to everything said.

Realistically this process will end with you leaving. However, I think you have a genuine chance of achieving a compromise agreement.

Are you sure "I thought you would've left" wasn't more like "I thought you'd left" as in they thought you had left the company because you were never there?

When you say you asked if there were jobs to do, is there any electronic/paper trail to support you? Any emails, or regular calls to show you were checking in, even if you didn't show up?

Its your own fault. Zero sympathy got nothing nice to say about this OP.

This is tricky as you aren't the Snow White innocent in this, but sounds like your work haven't behaved professionally either.

Get legal advice and I suspect there's some wriggle room with them wanting to manage you out.

But don't expect a pay out or a job, best would be a clean break for both parties with an agreed reference as part of the deal. Don't rely on anyone's kind nature for references, it's very common for these situations to end up with that final sting in the tail... that follows you afterwards.