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.

Totally agree. They have no reason whatsoever to offer any kind of reference or payment, they could sack OP as soon as she walks through the door tomorrow if they wanted to.

I’d ask them if you can leave immediately in return for them erasing the grievance. Unfortunately I don’t think you hold and cards here. Do speak to ACAS though

When I had the hell of a disciplinary that i knew I could not win and I ended up resigning (was more than likely going to be made redundant too) I used a senior team leader from an associated service as a referee. Obviously I asked their permission and they were more than happy to help me especially in the light of what I was going through. It sounds conceited but my colleagues all thought well of me and wanted to help

I didn’t even get the chance to resign before the disciplinary because I wasn’t even told about it 🥲

I am appalled this is still going on. 35 years ago someone made a false allegation against me and I was suspended. I decided to go down the route of appointing a solicitor-friend to deal with it. A year later nothing had happened and I was still on full pay. Ended up moving away with DH's job before it was sorted. But it utterly destroys you so you have my sympathy.

Don't turn up to any meetings with out a union rep, the manager is attempting to 'manage you out' get into a union today and refuse to turn up to a meeting without a rep because you are being forced into a vulnerable situation and need someone to back you up. The chances are, your manager has likely done this to you because they see you as an easy target.

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

Brother had this in sector badly hit through covid and supposedly desperate for staff- he did with advice get it down to a written warning - though the investigation held was laughable no-one on site was spoken to. He defended himself by taking the advice and pointed out where they'd not followed company procedures but it was still bitter experience and he;d been there over a decade with no issues.

Unfortunately - then the serious bullying from new manager kicked in and in end he was so stressed he started having serious physical problems that cost NHS to investigate - he ended up on sick leave then unable to face going back. Left him financially in a hole - but a pervious manager gave him a good reference as did another long term co-worker.

If you have less than 2 years and they want you out I am surprised they haven't just sacked you.

The clock ticks very quickly in relation to disciplinaries and appeals so you need to work quickly.Focus on getting the disciplinary policy and read it carefully.You need to be given adequate notice and the opportunity to bring a colleague or trade union rep with you to the meeting.If they've breached their policy and/or haven't given the correct notice inform them of this and tell them you don't wish to attend for that reason.Put everything in emails.
Is there a recognized union in your workplace, even if you don't belong to it they will often give you advice.

Your only chance would be to claim discrimination
Disablity perhaps

Kind of my point.

If they just wanted rid of her they could with less than 2 years service just do that - so OP believing they just want rid of her makes no sense.

So either way something more must be going on - what who knows.

@CantHoldMeDown

It a legal right to be accompanied at a disciplinary hearing

OP could, in theory, take that to a tribunal

No she can't.

Not with less than 2 years service.

Isn't the 2 year thing to do with redundancy? Nothing to do with employment law.

I wouldn't because it would be a waste of money as she has been there less than 2 years and they can actually give her notice for no reason. And no (honest) lawyer would take on such a case on a contingent basis

I agree. All I would add is depending on the reason for dismissal, you don't always need a 2 year qualifying period. Some rights are protected before that. Gov.uk has info on this. However I'd say you need expert advice. You have 3 months minus a day to take it to Acas under Early Conciliation via Acas (a required step prior to Employment Tribunal) but I wouldn't wait to challenge. It's not generally good practice for the person who already decided to terminate you to chair the appeal. You are not officially terminated (sorry, I know it's a horrible word) until appeal is completed. Can you phone in sick under self-certification on Monday because you are quite likely very stressed and arrange a doctor's appointment and phone Acas. Good luck.

No.

And redundancy definitely comes under employment law.

OP I suggest you ask MN to move this thread to legal, or start a new one.

Some of the advice is so wrong it’s borderline dangerous. Obviously people are trying to be helpful but you need professional advice.

I’m assuming you’ve gone directly to ACAS because you’re not in a union. Please in future join one as they can provide support in these situations.

in essence you are reasonably entitled to have someone with you, either a colleague or a union rep. It is unusual to be allowed a relative or friend but you should be allowed legal representation.

get your disciplinary policy out and see if they have followed it. Most employers mess up on procedural matters so it’s important to look at this. However gross misconduct can be dealt with separately given its severity but there is still a process that needs to be followed. Additionally you should have been part of the investigation not just told of its outcome.

you could look at asking for a protected conversation and discuss a settlement agreement whereby they pay you to leave you don’t raise a constructive dismissal and also expect a positive reference. But it depends on the accusation.

there is lots to unpick with this and it’s not likely to be easy to help in this type of forum sadly.

If you have been employed for 2 years and they do not follow strict disciplinary procedures then it's worth consulting and Employment Lawyer because YOU could claim Millions. I advise this very much as you will be seen as a formidable opponent with a Lawyer even if only for the initial consultation. Make lots of notes and pay attention to every detail. You could trip up their so called evidence on a minute detail. Read through thoroughly all their paperwork to look for flaws in their findings. It's all about details. Most organisations are looking for a Scapegoat because something in the system has failed and you are deemed responsible. We're there any recent inspections taking place????? Has any team leaders been off sick and not performing?????; Is there another colleague who got it in for you?????????