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.

Sounds like you are being appalling treated and the company have no idea what they are doing regarding employment issues. Please get proper advice because you do not want gross misconduct on your work record (particularly when you're not guilty of it.)
It maybe that you can come to an agreement with a payoff and an agreed reference.Fingers crossed that you get a new job soon.

'They can dismiss you on any grounds they like with less than 2 years service.'

Yes, unfortunately you have very limited rights with short service. With an exception as pointed out above, of the right to claim discrimination based on a protected characteristic eg sex.

If there is any element of this your best recourse is to raise it in your appeal.

'You mentioned them refusing you to work at home and also removing commission - contractually can they do that? It's an unusual punishment.'

I agree that this is very unusual. I would check your contract to see if there is an obligation there to pay commission - if so this could even be an unlawful deduction of pay.

Have they given you a concrete reason for denying this & the right to work from home? Disciplinary processes are not meant to be about 'punishment' but just about reinforcing employee standards of conduct.

I obviously don't know all the circumstances but based on what you have described I would focus your energies on finding another job asap in a better company. It sounds like this relationship is breaking down and is not going to get better regardless of the appeal outcome. I know this processes are always upsetting but try not to take it to heart in the meantime. Working for a bad organisation is something many people go through.

Are you my line manager? Ha!

I don’t want to stay with the company regardless what happens I just want the gross misconduct removed and the chance to actually have a chance to argue my defense.

No because all you’ve contributed to the thread is little snarky one liners which is pretty pathetic.

We can only go by what the OP has described and from this it sounds as if the organisation, whether or not actively malicious, do not know how to conduct a disciplinary process. The OP says she is not guilty of gross misconduct and I don't see any reason do disbelieve that on an anonymous thread. Some organisations (I speak from personal experience here) are just shockingly bad.

Did I have a right to a proper disciplinary warning and the right to bring someone to accompany me even without the 2 years service?

Is there any more sympathetic senior employee who could maybe ensure you get a basic reference (ie employment dates and title only) when you leave? Most new employers will only require that.

There is but he’s trying not to speak to me outside of work atm until this is all over as he is going to be attending the meeting on Monday to take minutes.

Hope this works out.

An employee in finance was (I think) wrongly accused of GM for choosing the wrong excel spreadsheet, whereas if most people hear GM re finance you might assume something serious like theft. So it was disputed, saying it was human error, not misconduct, certainly not GM. Asking for the GM to be withdrawn and instead offered resigning. (But even that last bit might not be necessary for you, but a new job is best asap). Maybe you could just agree to part ways? I definitely wouldn't want it on my record. Plus we all know they haven't handled this very well, they haven't done many of the things they probably should have, so just be polite but firm, it don't get pushed about?

OP, save your energy in looking for another job. You won't win this one no matter how unfair it might be...

They 'should' have done this. It's bad practice but not illegal.

But it's not enforceable and you have no legal recourse because you have less than 2 years service.

Yeah this. It’s a rubbish situation, yes they haven’t followed good practice but with less than 2 years there’s really nothing you can do about it.

Is there anyone else you get on with at your work place who you can use as a reference. You don't have to use your manager to be your reference it can be anyone you have worked with.

Suggest that you take someone neutral in the meeting with you

Request for the meeting to be recorded with audio and / or in writing

You need to reach a "settlement" whereby they provide a good enough reference and some pay, and you resign.
They wont remove any accusation of gross misconduct easily, and even if you are able to challenge their non compliance with any policy, that in itself will leave them less inclined to help you forward.
This is what a settlement agreement means. You both part ways helping each other out. You leave, they provide you with the means to move on.
You'd normally seek this through your union, but if you are not unionised then checkyour home insurance, which might provide for employment related legal service. It's not uncommon to find this in the small print, so use it if so.
If you intend to leave, you ought not to fight any accusations, as they will fight back and make things difficult. Rather, try to "tempt" them with the prospect of you resigning asap but do NOT hand in notice.
Seek advice.

Agree and I speak from experience too. I had a disciplinary taken out against me by a manager for "insubordination" in one job that I had. The service I was working for was already in special measures and heading for closure. I resigned knowing that I was going to be made redundant anyway so why put myself though the stress of a disciplinary. There was a slim chance of being re-deployed by the organisation but there was no way that would be offered to me. Cut my losses, signed up with an agency and although I had a couple of wobbly months it was the best decision for me.

Speak to ACAS and if you have Legal Protection, on your household insurance, it often covers HR disputes, so worth checking. Don't be rushed into anything.