Suspension from work - part 2

[applecrumbleandcream]

Thanks everyone, just catching up. Not feeling too good today. A bit grim. Not feeling strong at all but emotional and very sad. Been to the doctors again and just broke down completely, he wants to sign me off but I told him that I just want to get all this over with. He has wrote me a statement whilst I was there blubbering for me to send to the Investigator to say that I am not currently well enough to complete this work. I even had the doctor crying and saying he despairs that employers are doing this. I told him I have got no confidence in the unison rep. I spoke to him this morning to ask his advice about filling in this statement when it doesn't list my computer and what should I do, he was very sharp said if I don't do as I am asked then it is going to go to a Hearing and then said he was in a meeting and just cut me off!!!

My dad has said he will get me the best lawyer there is and forget about Unison, just wondering what to do about this. Have to go back to doctors again next Thursday. He is compiling a proper medical statement for me.

I'm sorry if none of this makes sense, but I can't think straight at the moment.

Hi Apple,

I was just wondering how you are and if things have progressed anymore this week. Am hoping so in your favour.

Still thinking of you and hope your cold and tonsillitis have done one!

xx

Holy shit! Have just read both of your threads. What utter bastards. Need to gather my thoughts and will post again.

I agree with squiffy - you need to get a lawyer.

I join the queue of posters who are utterly confused as to the actual allegations. Is it flexi fraud, or internet misuse? Or both? Has any cognisance been taken of your explanations that you were off on certain days / didn't use specific computers? There seem to be massive gaps regarding the integrity of evidence,especially IT records.

Were the allegations relating to internet misuse raised during the investigation meeting, or are they new allegations, which you haven't had an opportunity to respond to?

The witness statements from ubercow - when are they dated? Is it before or after the investigation meeting? Was she one of the ones texting you? If so, this is highly relevant, as a key witness was making inappropriate contact with you during an investigation. (well done btw, for restraining yourself about contact during this time). You need to get on record that you believe these are malicious and unfounded allegations by this individual, driven by her dysfunctional relationships in the workplace, as can be evidenced by other staff.

You need to get your other colleague to provide a statement, if she hasn't already - both to support your timekeeping and also the difficulties with this other individual. Can she dispute the allegations? What about the member of the other team who you say you were cringing about when ubercow was really rude to her? Can she provide evidence? You need to start slinging mud to defend yourself.

Having said that, the burden of proof lies with your employer, not you, albeit that they are proving on the balance of probabilities, not beyond all reasonable doubt.

These are questions / tactics that come to mind, but as Squiffy says, don't try to address them by yourself - your lawyer should be doing this, it will carry much more weight. You also need to get an adjournment to the disciplinary in order to allow you to prepare - whether you argue this on the basis of unfairness or illness is really a matter for your legal advisor, but it needs to be done.

I also come from a background in misconduct matters, albeit in a specialist field.

Thinking of you.

Hi Apple, just popped in to say hello and I hope your ok.x

Also thinking of you Apple. Hope you are recovering from your tonsillitis.

Hi Apple - I hope you are beginning to recover from your tonsillitis. I have been following your thread from the beginning with disbelief. I cannot recommend ACAS highly enough for support in this situation. I have linked a pdf of their guide to discipline and grievance at work which may be worth you looking through to see if your employer has been following their guidelines.

I really hope this concludes very soon and that you are vindicated.

www.acas.org.uk/media/pdf/6/6/Acas-Guide-on-discipline-and-grievances-at-work-March-2011.pdf

Whatever is going on now, Apple, I wish you all the best and hope you are drawing some support from the good wishes and thoughts offered on Mumsnet.

Hi Apple, I have been on both the threads you have had, I have name changed calamityboo how is it going for you, did you manage to look at any of the documents? Did you get a lawyer? How is your throat? How are you in general?

Hi Apple, I'm sorry you are going through this, the way they are behaving is disgraceful.

I'm another who feels its time to take the gloves off and consult an employment lawyer. I also agree with sparkles soiree regarding ACAS.
Their Code of Practice on Disciplinary and grievance proceedures (2009) provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace. If, at some point in the future you take them to the Employment Tribunal, then the ET can take the Code into account when considering cases and ultimately could increase any award payable by up to 25% if they feel that an employer has unreasonably failed to follow the guidance as set out in the Code.

I have lurked for a while and know that what you wanted initially was to go back to work but am wondering how you feel now? Do you think that even if they accepted you'd done nothing wrong and apologised you could go back? Very difficult, if not impossible to re-build a good working relationship after something like this. Something to consider for the future (I know it was mentioned at the start) is to resign and claim constructive dismissal.

Good luck

Hi apple, I'm just a useless lurker wishing you well. Fingers and toes crossed for a swift end to this insanity!

Apple please please get legal advice before considering anything like resigning and claiming constructive dismissal. Legally, it can be difficult to prove and it has to be done in the right way. someone who,has been badly treated by an employer can still lose a constructive dismissal case at tribunal. I am sure it was mentioned further up the thread but check your house contents Insurance and any other insurance you may have to see if legal expenses cover is included. Given the impact on your health apple you need to get legal advice to stop this continuing , you need to at the very least get a new union rep

Another useless lurker, wishing you well. Hope you start to feel better soon so that you can kick some butt!

Hi Apple - have been following your story from the start. Am delurking to also encourage you to a contact a lawyer.

While this isn't the place for my story, I too had an awful time with a previous employer. It sent several letters through its own solicitor which were upsetting verging on threatening. I hired an employment lawyer because I just couldn't fight it on my own. It took some of the stress out of the situation simply being reassured I was on legal high ground. I think I would have caved in otherwise, and the company would have got away with its outrageous behaviour.

The outcome was that I won with compensation, and the employer got a serious ticking off from the judge.

Don't go through this alone. Good luck.

Any news? Hope all good.

Hope all ok

Are you feeling any better Apple? It's over a week since your last post. Is everything OK? Or as OK as it can be under the circumstances?

Hello Apple, still thinking of you.

Hi Apple - you are still in my thoughts. I hope you are feeling better by now.

I am hoping your absence from this thread is because something positive for you is happening with regards to getting this awful mess sorted out. I am wondering of perhaps you have sought proper legal advice and been advised to stay away from this thread.

I hope its nothing awful.

What ever the reason Apple, we are all thinking of you and willing you on to draw this matter to the best conclusion possible in your favour.

Just wanted to echo what Queen has said, thinking of you and wishing you all the best Apple.

Hi apple, its been a while since we heard from you, hope you are ok.

Queenofcake has said exactly what I wanted to say, hoping that you are feeling better and that you are getting some strength from the many many people on MN who are willing you on ...

Hope you are ok

I'm going to place money on ubercow being the one being shat on by the karmic pigeon for the rest of her life frankly.

Apple I'm sorry you are still going through this - get a lawyer, the biggest, shit hottest one you can afford and take them to the bloody cleaners. They deserve it. So many people are being pushed out on trumped up charges from the public sector. :(

Thinking of you too, Apple. Hope all is well.

I'm also thinking of you Apple and looking out for an update, hoping that your terrible experience is now over. X