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.

FFS!

@Voneska stop taking the piss, the OP is clearly worried.

@Nezuko22 Tell them they’ll need to postpone their hearing until you’ve taken legal advice (not from Mumsnet!) and refuse to engage with them in the short term. Get signed off sick for stress if you have to.

Some shitty employers do this as they wrongly think it will be the easiest way to cut staff numbers without having to go through a formal redundancy process. Stand up for yourself and watch them squirm, the feckers.

It’s this type of option that I’d be discussing with a solicitor.
When my husband was going through something albeit he’d been there longer than 2 years, the solicitor discussed the negotiation of an exit package.

That's not necessarily true. If you join a union now, they will give you advice most likely but will not represent you in any hearings.

This all sounds very rushed and they've basically fucked the process totally, but due to your short service, you don't have a leg to stand on, unfortunately. First off, I would refuse to attend the meeting on Monday, saying that you haven't been given sufficient time to prepare, or to secure representation. Also object to the same manager hearing the appeal (WTAF???!) Buy yourself some time. I'm actually surprised they didn't dismiss you, if that's what they were wanting to do.

Also as someone mentioned previously, you may have legal cover on your home insurance, and they will provide you with legal advice.

Good luck with jobhunting! This isn't an organisation you want to work for!

What is the point in your posts?

What qualifications do you have to give this advice?

I need to hang on until our mortgage is approved 🥲 that’s the other thing otherwise I’d probably just quit and find something temp in the meantime

This is so much horseshit, I don't know where to begin!!!

You need expert advice and, if you're not in a union, phoning Acas is a good idea as a starting point. You haven't said what the alleged gross misconduct was (as is your right to keep it private) and you have not said what your occupation is (also your right) and personally I don't want to know the details but an expert is the place to start

More shite!

I'm sorry but if it were my job on the line, I wouldn't be giving a fiddler's about anyone else!!

You are certainly entitled to ask for this if you want it. What you could ask for (along with pay in lieu of notice and any holiday pay) is agreement on the text of any future reference letter. But I would try to get some RL advice on this as some posters have suggested.

It would take an exceptionally vindictive past employer btw to refer to misconduct on future employment references (unless there are any concerns re safeguarding/duty of care).

Definitely rabid!!

Clearly none, because it's a load of balls!

I agree. You need to speak to a professional to get specific advice relating to the allegation against you, which you rightly haven't divulged here.

You can phone ACAS, you can speak to a union rep even if you're not a member and they may be prepared to advise, you can check out if there's legal cover on your home insurance (I think sometimes it can be included on your car insurance?) and you can speak to a solicitor who specialises in employment law.

Don't be bullied into anything. You haven't been dismissed, so hang on in there for now and step up your job search. It sounds like an awful place to work. Good luck with the interview.

Hi OP, I work for a trade union.

I can't advise you properly as you're not one of my members and I don't have your full details.

I would however urge you to look pragmatically at this situation and think where you want to get to. You're saying you want to leave anyway? And you are job-seeking? You need proper advice from someone who can go into this properly. But I would say this. Under two years' service is a vulnerable time. If you genuinely think you might have a case for discrimination, seek legal advice, ask the advisor whether there are grounds to seek a settlement. It's worth considering whether you want to try and 'blow this up' or just bide your time until you find something new. Difficult to judge without knowing the situation.

You can absolutely ask for that, if that is what you want. Unfortunately due to your length of service, they hold all the cards so they are likely not thinking in terms of any settlement with you. However, very often the company just wants it done and dusted and the employee gone (sorry, that does sound harsh) but that's not all bad news as sometimes I've known managers to take a "just pay them and let them go away" approach, even if we could have continued arguing it as a company. It's often not worth the company time so you could consider this approach, and agreeing a neutral reference just confirming dates of employment and job title etc.

Blimey 😱. I'm in the charity sector. Which makes the thefts feel particularly shitty but I take my hat off to you dealing with all that!

What have they accused you of?

You’ve got nothing to bargain with.

would you care about your dignity?

The warning has not validity or status. They must give your prior warning, 2 clear days and with all evidence provided and the right to be accompanied. All of those were missed based on your post.

I would not attend the appeal.
I would write highlighting the failure to follow the required process and noting any subsequent hearing would not be biased and automatically unfair.

you can choose to either carry on as you were ignoring this or raise a grievance. The grievance is stressful but will almost certainly prevent them trying to terminate you. It’s over to you as to what outcome you want.

Yes you can. 👆 OP the above is completely wrong.