Disciplinary

[CatsandCrisps]

In major need of help or advice. Long post in order to not drip feed.

A few weeks ago I had an 'investigation' into something that occurrred at work, as it was raised as a security breach- however I had permission from my manager to share this piece of information. Who since denied it.

About two and a half weeks passed, assumed nothing had came from it, asked a senior manager if they had heard anything, and they said it had been taken to the next step and they'd chase up why I hadn't heard anything myself, and then today I get a letter for a disaplinery meeting, including a policy stating that gross misconduct is likely to lead to summary dismissal (!?!). Near three weeks have passed since the first meeting, surely I can't be instantly dismissed now? Especially not when I would not have even done said thing had my manager not told me it was okay (he's since fully denied it despite two people having confirmed he said it).

There was no explanation as to why the investigation meeting turned to a disaplinery and the manager now dealing with it just handed me the letter and walked away. The manager now dealing with it is very pally with the other manager who said it was fine and they were friends outside of work two yrs ago when he originally got the job.

What on earth can I do so I don't get sacked? I was acting on my managers instructions. Weeks have now passed since the incident was raised. Communication has been shit. Can someone whose friends with those involved investigate a situation?

I've also been work off sick with anxiety- partly due to this managers bullying/terrible manager tactics in the work place, he ignored my emails to return to work etc when I was better, 'forgot' to call hr to ensure I was paid when off etc and this making me worse. Never knowing what's going on etc.

Never been in trouble in all my time working and I'm just very scared and no idea where I stand.

Will the 2 people who confirmed what the manager said put it in writing? That would help you a lot I imagine

They already have put in writing they heard him say to go ahead and it was fine it's still got this this.

Not sure if I should just hand in my notice so I don't a massive dismissed for gross misconduct slapped on me.

Don't hand in your notice. You need to get all your info together including witness statements and fight. Don't let them make you the scapegoat. If you have a union speak to them, if not a meeting with a SHEmploymentL might be money well spent.

I'm certainly being made the scapegoat. I'm not this managers first 'scapegoating' victim either.

I have been thinking about finding an employment lawyer. Not sure if I would be able to afford the fees, especially if I'm sacked with no notice, and i've not got very long before the meeting. I've been told anything I plan to bring in with me has to be sent to them beforehand which narrows down the time frame considerably too which doesn't help matters.

Given i'm ill, my fight is just coming out as pain. I don't know what he's done which is relevant and what would be seen as mud slinging.

Cats, how long have you worked there?

Two years as of the start of September- so at present, just over 23 months.

Google is churning up all sorts of things- asking them to come to an agreement where i hand in my notice and they promise to give a simple dates worked, or accusing them for breaching their contract and saying they've forced me to quit (there was a severe breach in confidentially surround this whole thing and mal-handing of my illness covered (which is cover by the disability act) and another manager had to sort that as mine wouldnt) when this all kicked off...

Ring the ACAS helpline for advice. Good luck - ask them for copies of all paperwork. I doubt you will get it but you need to have as much info as possible. Don't resign you have done nothing wrong and if you want to go to a tribunal you can't if you have resigned. Are you in a union? It sounds to me as though you have grounds for constructive dismissal.

How long have you worked there? Are you still off unwell and does your certificate state work stress?

So sorry you are going through this bit the written statements are a good thing. How much notice have you been given to attend the disciplinary meeting?

With less than 2 years' service they can just let you go. That with a factual reference may be the best compromise. Unless the grounds are covered by DDA suggestions of tribunals won't go far. Whether you were asked to do it or not if you did breech the rules then it seems there is little comeback. Sorry.

LIZS- are you aware of when negotiating leaving with a factual reference is best done- in this meeting, or before hand?

I've just found out that the decision will be made there and then by the manager holding the meeting, based on what we discuss. Surely HR should be making the choice?

I get I breeched the rules- but I had asked if doing said thing would breech the rules and he said no and to go ahead, which is where my frustration is coming from and I felt this would have sort of mitigated the circumstances to a less threat that one of dismissal, given I'd actively seeked advice on the situation and was wrongly informed.

Jesus

I could've written this post at the end of 2014. My disciplinary resulted in a written warning which bully boss tried to transform into a retrospective second written warning meaning I'd have been dismissed on the spot. Luckily the "panel" format of my disciplinary hearing prevented this from happening.

I digress.

OP I am no expert on this matter but can you tell me

A) have you a union rep?
B) have you a staff panel rep (if no Union)?
C) have you considered having HR present at ALL meetings you have with this manager to ensure absolute clarity of messages?

At times like this you need representation.

I think a call to ACAS is a good idea. The timing sounds a bit suspicious, what with you being so close to 2 years' service (when a higher tier of employee rights would kick in.)

Would you want to continue working there after all this though? It sounds very unjust.

Call ACAS immediately, they can advise you and they can also get involved. Make sure your work know that you're taking advice. They were amazing with me both times I have used them, once I was sacked, gross misconduct but after involving Acas I still got sacked but they had to compensate me as it should not have been gross misconduct. 2nd time was working hours following maternity leave and I proved sexual discrimination and they agreed to the hours I had asked for, after trying to sack me for some miscellaneous nonsense that hadn't happened. Once I could confidently talk about my legal standing my work backed down pretty quickly and were also not keen on Acas appointing an independent conciliator who would have the final decision. Do not let them do this to you, they cannot dismiss the evidence of two witnesses and if they sack you then you can take them to a tribunal for constructive dismissal. They need to know that you are not going to back down. From now on ask for any communication to be in writing, keep a diary of conversations, dates, times, things that happen. Keep it factual, not how you feel about it etc. Definitely call Acas

How I wish I'd had this info 18months ago....

Bean it's a horrible and upsetting position to be in. I knew nothing til I spoke to Acas and I went from panic to having the confidence to stand up for myself. If anything like that ever happens again I'll feel more confident about learning my rights and challenging bad employers. I've remembered I've actually used them 3 times, last time was during my last pregnancy where my SPD was so bad I couldn't walk the length of myself, I also have hypermobility. This time not only did I call Acas but also HSE and Fire and rescue (my employers thought I was a pain in the arse lol) I'm a SAHM atm so fingers crossed I don't get sacked from my 3 wee bosses lol