Disciplinary Issues- WWYD?

[Namechanged75]

After 20 plus years I am subject to an investigation at work, potentially facing gross misconduct charges and dismissal (was overpaid whilst on long term sick during pandemic and not proactive enough at reporting it - Psychiatrist providing a medical report to confirm that I was seriously unwell/unable to function) but after reporting my line manager for bullying prior to my sick leave (the initial cause of my absence) I’m not very confident.

Anyway i am being represented by my trade union. To be honest the rep hasn’t been great. I think he is just very busy/ stressed with work - which I am completely sympathetic to . As I am still off sick he has been acting as my point of contact. The investigation report was produced and gave me 5 days to respond. He sent it to me on day 4 so I’ve asked him to see if I can have an extension. The report states that they sent me an initial letter (via him) setting out TOR and a series of questions which they didn’t get an answer to. The TU rep has acknowledged verbally that he didn’t send them onto me as he was so busy. I am due to meet with the decision manager later this week but the rep doesn’t have time to talk to me in advance. Never having been in such a situation I am scared and not sure what to do.

I have contacted the National Rep for advice but he has just referred me back to the local rep. I have never been in trouble before and don’t know whether this is just normal or if I should be doing something else to get improved representation.WWYD?

Firstly email decision manager and TU rep explain you have not been getting TOR etc. and please in future can all correspondence be sent to you and TU rep at same time.

Ask for the TOR and questions now, if you have Qs then draft responses, as you write you will start to recall more info.

If TU rep can’t go to the meeting ask to postpone or to bring a colleague (to take notes for you).

If you know how much the overpayment is, offer a reasonable schedule to repay ( don’t cripple yourself financially).

Agree with the above. I would also complain to your trade union. Your rep should be helping you, not making things worse by failing to pass things on.

Thank you so much for your helpful responses. I am very grateful.

This afternoon I asked the TU rep to see if he could get an extension and sent him my comments on the report/questions which I have worked on all night/day. Not sure how good they are but will keep sharpening them up until the final deadline.

Before I read your comments I decided not to email the Decision Maker directly as I didn’t want to annoy / undermine the TU rep , especially as I may need his advice / support going forward? He’s quite hot headed (told me I should have just hit my bullying line manager!) and I didn’t want to upset him. I now realise , having read your comments and with hindsight, this was probably a mistake.

i’m not sure what the complaints procedure is for the Trade Union (nothing on their website). I imagine it is to the National Officer in the first instance but he’s drinking buddies with my rep and I don’t want to annoy them in case they withdraw support (they decide if Members can get legal advice at ETs etc should it go to one , I would struggle to pay for).

I am hoping the meeting can be delayed for 5 days so I can arrange a rep - fingers crossed!

I realised that one of the questions he didn’t send me in August provided me with an opportunity to submit medical evidence. I have emailed my Psychiatrist and also my GP who made the psychiatric referral. Time is very tight but I am hoping they may get back to me with a report before the meeting. They have previously offered to provide one but employer /occ health said no at the time. Am just hoping I can get it all done within the timescales. Very scary.

Does your employer's name begin with S?

No. Either a C or H. I’m intrigued as to who you are referring to.

OP national secretary will refer you back to your branch it's procedure.
If I were you I'd write to your branch secretary copying in HR and ask for a change of representative as you're not being represented accordingly.

Copy in regional manager too. Because the meeting can't happen without representation afaik

Thank you.

He is the local branch secretary (!), which is why I considered going to the National Officer but know he will just refer me back. I don’t know if there is a regional manager - will try to find out. Thanks.

He is very confident and I am sure knows his stuff - think he may just have too much on?

I am worried now that I won’t be able to get the medical reports in time. It’s crazy as the investigation has gone on for months, my Drs offered to provide reports previously but we were told not now etc but , perhaps because the questions weren’t forwarded over earlier (would have been a good opportunity to provide a medical report) , it now feels like it will be a struggle get comprehensive medical reports completed in time. They are critical to explaining that I was so unwell for such a long period. I am very worried about them not getting done on time. Will keep trying but eek!!

Just don’t know what to do/ feeling overwhelmed.

i managed to get a phone call with my GP surgery (miracle). Unfortunately my GP is off sick ‘for a while’. I spoke to a locum (about the request for a medical report and also about medication increase) . This is the first time we have ever spoken and we’ve never met. He said he can’t complete a report but will see if the admin staff can help. Am now completely freaked to be honest. My GP (who is great) had offered to provide one before. Work declined the offer , have now said I can submit one but only within the next day or so. The investigation has been going on for months. The report is so important - ti explain how unwell I have been and now is unlikely to be anything like it should be (probably factual bullet points?). Am so scared. WWYD?

Unfortunately my GP is the only person who has oversight of everything that has gone in. The psychiatrist can only really cover the period after I was referred to her. Aghhhh

I have tried to speak to the National Officer (there is no regional officer) but as suspected just keep being referred back to my local officer.

There is no complaints procedure for my Trade Union online and when I’ve asked if I can be sent a copy they just say speak to your local officer.

Point out to your employer that you offered a medical report which they declined and that, due to your GP's illness, you can only provide a report from your psychiatrist, who cannot cover the full period of your illness. Do it in writing and keep a copy. The more evidence you have of them acting unreasonably, the better.

As for your union, sounds like they are rubbish. They have made things worse instead of helping you and they don't seem to be providing any route through which you can complain. You pay your union dues in order to receive a service from them which they are simply not providing.

@Namechanged75 I work for a company beginning with S and your story sounds familiar.. as does the description of the union rep!

Sounds awful, no advice just a virtual hug.