Please help me with unfair disciplinary action

[Nezuko22]

Hi,

I have an appeal meeting on Monday against a disciplinary that was given to me last week. I have written dow a rebuttal because I'm quite an emotional person and I will be less likely to cry if I'm reading it off of a bit of paper.

The gross misconduct I've been accused of is false, and they have jumped straight to final written warning despite this being my first "offence".

The disciplinary was also sprung on me, there was no warning, no invite detailing the nature of the meeting, no chance to prepare my defence and no chance to bring a representative. I have been on the ACAS website and this appears to be unlawful. I also note that the appeals meeting is being conducted by the same manager who conducted the disciplinary. I was not offered the chance to appeal, I had to ask for it.

How would you play this? I truly believe this to be a personal vendetta agaisnt me and they are looking for a way to force me out of the company. I am going ot leave, but I am not going to tell them this until I have a job offer in my hand from somewhere else.

The emotional distress this has caused me has been unreal. My anxiety has been so bad I have spent most of the week shaking as I have to sit directly next to the manager who did the disciplinary. I had not eaten in 3 days and am at risk of my hair falling out due to stress related alopecia.

I'm going to call ACAS on Monday morning before the appeal for some extra advice but was wondering if any of you lovely ladies had some words of advice.

Are you not a union member?

How long have you been there?

A few questions - how long have you been there, and is there any form of HR?

If you don’t feel ready for the appeal on Monday, you’re entitled to ask for more time as this is all ridiculously fast, they’re not giving you much time to prepare and seek advice.

What is the gross misconduct false claim?

similar happened to me although not gross misconduct. They tried to give me a written warning.

They missed out lots of important things like giving me notice, the chance to bring a representative, didn’t mention being able to appeal etc. I told them I wasn’t accepting it and would appeal they just groaned like they were caught out,

I wrote a letter to them outlining where they’d gone wrong (copied and pasted a lot from ACAS site) and they completely dropped it.

I would do something like that if I were you or at least send a simple letter to say you are not accepting it and need time to prepare your side of things. Also outline where they have gone wrong in the process.

I've been in this position when I worked for a charity that could no longer afford me and they needed rid, but as I'd been there more than 2 years I had rights so they made up an accusation of gross misconduct against me. I wouldn't go to the disciplinary as I knew I'd be fired as I'd had a letter saying the result would be up to and including dismissal even though I'd never had so much as a telling off before, quite the reverse actually, and at that point I didn't have another job. I got signed off sick for as long as I could and then on the last day of my sick pay I resigned with immediate effect. There was zero point even attending the disciplinary as at least now I can truthfully say that I resigned. I wasn't strong enough to deal with them at the time because like you, it made me ill and then when I was strong enough I took them for constructive dismissal through ACAS and they settled out of court with me. Good luck though and they're bastards for doing it!

You need to get a copy of the company’s disciplinary policy and use that to challenge the process and request more time.

Document every interaction via email. Ask for the gross misconduct allegation in writing, plus the investigation/evidence they have. You are entitled to challenge that evidence.

Check your home insurances as sometimes you have legal cover in these - you can tell your company you are seeking legal advice

Always take a friend with you to any meetings

See your GP and get advice on how to manage the stress this is creating. You will probably get signed off sick.

I assume you are not in a union so ACAS is a good source of advice.

Everything you do from now on is about collecting evidence of the company’s failures to follow due process and that evidence can be used when you sue them for unfair dismissal.

Have you been there less than 2 years?

If yes - start looking for another job.

2 years or more - then follow ACAS guidance to the letter.

Ask for the appeal hearing to be postponed until you can get either a trade Union rep (if you are in one) or a solicitor to accompany you.

You should then focus entirely on the flaws in the process for the disciplinary.

The whole thing should be scrapped or re-done because they failed to follow a fair and legal process.

Ive been there less than 2 years but it says on acas that the code of practise applies regardless of length of employment. It also doesn't state anything in the UPDATED company handbook about length of service, however it did in the old company handbook so they've messed up there too.

The gross misconduct was due to an accusation of defying a direct order, which I did not do. They've chosen their language very carefully to manipulate the narrative.

They've done so much wrong here. You're supposed to be given notice of the meeting and the alleged misconduct so you can prepare your defence, you're allowed to have a union rep or colleague to support you in the meeting and the appeal should be held by someone else. ACAS Will talk you you through it on Monday.

Off memory I’m sure they are supposed to give you around two weeks notice.

when I told them I was appealing, my Manager moaned she was breaking up for holiday that day so would have it hanging over her while she was away!! Unbelievable.

If you've been there less than 2 years you are stuffed no matter what ACAS says.

Unfortunately your only option would be to sue for breach of contract which will be costly and unrewarding.

You don't have rights to go to a tribunal for unfair dismissal.

Best thing is to start looking for another job as fast as possible.

Do I really have no rights to question the fact they didn't follow over their own disciplinary procedure?

I think when it is gross misconduct that bypasses the stages of disciplinary - they are meant for smaller infractions. So, they have obviously gone for that to avoid the steps and cut down on the time you have to fight back. You do need help from ACAS and also to have someone with you. I would be really interested in whether this is how they always deal with what they accuse you of - if not, why have they taken this action now, against you? Not following a direct order - unless you are in the military - does not seem like it would necessarily be gross misconduct. You cant be ordered to do something illegal or unsafe - employers cannot expect blind obedience from employees. Although many seem to.

@Nezuko22

Do I really have no rights to question the fact they didn't follow over their own disciplinary procedure?

Of course you can question them. But your only recourse if you don't agree with how they behave or what they decide is to sue for breach of contract.

If you have less than 2 years service you have no right to unfair dismissal or a tribunal. The only exception is if you can prove you are being discriminated against sue to a protected characteristic.

Labour are planning your change the law to remove the 2 year limit but unfortunately this will take time.

You really need to leave. They seem determined to get you out. Once they start doing this there is no way back. I'm sorry but I speak from experience.

Go off sick until you've spoken to ACAS. Do not go to the meeting without their advice first.

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The gross misconduct was due to an accusation of defying a direct order“

What a bizarre accusation. Sounds like the army! Do bosses give “orders” in workplaces these days?

Defying a direct order is pretty lame unless someone was at risk or in danger. You can challenge them, are they worth the aggro, would you want to work with such awful people. See what ACAS suggest, it sounds more like an excuse to get you out before your 2 years are up. I'd just go off sick until you've decided what you want to do.

I would engage with a solicitor specialising in employment law. Many of them have a fee when you win option rather than paying up front