Gross misconduct disciplinary

[Chickelta]

Hello all,

I am responsible for conducting workplace inspections at work to ensure Health and Safety issues are all logged with the facilities manager. I do this for two split sites every couple of months. Both sites are very different and one site I am based in and the other I visit on a weekly basis. The site in question is managed by another organisation and they are responsible for running alarm tests etc. I just need to know they’ve been checked and working.

Between November 2017 and August 2018 I conducted 3 workplace inspections and in all three I ticked box that’s says ‘acceptable’ for ‘personal alarms and testing’. However, in January 2019 my manager called me to say if I had any knowledge they had not been working since October 2017. On 1st March my manager handed me a letter to say I was going to be investigated for dishonesty and failure to complete my job. Whilst investigation takes place I am required to work in a different post and different location. On 26th April the investigation report alleged this was gross misconduct and now waiting for hearing to take place.

I contested both allegations based on the following mitigating factors:

1.When I started my role my manager did a walk around with me and showed me how to complete a workplace inspection. She did not say I was required to check logs for fire alarms and would resort to misconduct if I didn’t. This walk around did not take place in the site in question. They both have very different recording systems

1. I conducted the workplace inspection with a senior manager from the other organisation, who is responsible for physically testing. She also marked the alarms as working. I took at face value and trusted her 20+ years of experience.

Once I found out the alarms had not been working I completed the necessary to resolve the issue

1. I have previous excellent performance and always shown I can be trusted and always go above and beyond

There is no collective system myself and the organisation can see outstanding jobs which need escalating

1. My manager claimed she sent me guidance but this was after all the inspections in question.

5.I was under a vast amount of pressure learning a new job and no satisfactory supervision or appraisals to identify training needs. Suffered severe work related stress in summer 2018. 6.Records show senior managers of the other organisation and my manager both were informed of the alarms not working in January 2018. Therefore systemic and organisational failure. 7.No formal training provided by the organisation although need was identified last year 9.Others in different divisions complete the assessment with senior managers 8.Formal guidance only launched in April 2019 Do you think with the above mitigating circumstances my case looks promising? I have email evidence and record logs for points apart from 1. which I will present at the hearing.

Also its important to note I do not have union representative however a colleague has agreed accompany me

Are you sure they were marked as not working in the logs? Can you see the logs now ? Why did person you walked around tell you they were working? This could be the only route of question. Why would they lie? Were they the Person who physically tested them?

It seems a long time to leave them not working. Especially if your Manager knew about it. Was it your job to get it fixed ? Maybe your manager thought you knew ?

I'm with the poster that say this is a harsh lesson, but unfortunately I think you didn't do your job correctly. I know it's not easy and doesn't make you popular to be a jobs worth. But you should of checked.

OP I've been sacked before and honestly it's a learning curve. You can come out of this stronger. Best wishes

I'm with the poster that say this is a harsh lesson, but unfortunately I think you didn't do your job correctly. I know it's not easy and doesn't make you popular to be a jobs worth. But you should of checked

But is it GROSS misconduct, which means you lose your job without notice?

Misconduct yes, but I am not sure it is sackable without notice. But I think you need advice from someone who understands the context, because the context is everything. I remember reading a tribunal case a few years ago about a case at Sainsburys and I thought it was very harsh, but the judge said Sainsburys were right to class the misconduct as gross misconduct.

This was the one: www.hughjames.com/dismissal-gross-negligence-adesokan-v-sainsburys-supermarkets-ltd/

But you will see in this case the employee had not tried to put things right and the OP did, so I think there is hope here.