misconduct/gross misconduct

[cal37]

Originally Posted by prushton

I am well aware, being a shop steward that we have protection from harassment under the act, I was only suggesting other ways to stop the harassment as my previous post shows.

Indeed you were but the op does not need any other way to stop it, he should use the Trade Union Reform act in his/her case.

[conncat]

Thanks guys,well had the investigation meeting today, it was a joke, my area rep was with me, they were asking me questions about an interview that took place 6 years ago, they asked if the course in question was mentioned in the interview to which i replied that I couldn't even remember who was on the interview panel let alone what was said 6 years ago, My area rep asked what exactly are they investigating, to which they replied failure to complete a course. Yet this is not what they have put at the top of the notice they gave to me, yes they mentioned it in the letter but further down.
My rep also asked that it be noted she was going to the LEA & Governors, & also to the regional office as the union take it very seriously when one of their reps are being picked on.
They asked had I completed the course, I said as far as I was aware I had.
It's ridiculous asking me questions about 6 years ago, I just couldn't believe it, they are definitely scraping the barrel.
After the meeting my rep called a union meeting for all members , they have passed a motion of confidence in me
They voted unanimously to send a message to management of support for me & for management to leave me alone.
They also voted unanimously for management to follow the correct procedures.
sorry its so long hope it makes sense

[cal37]

Your area rep is taking all the right measures. Holding the union meeting was so she can judge how strong the member’s feelings are in this matter IF it should come to taking some industrial action at a last resort.

Your employers are taking a very dangerous course and your rep contacting the regional office is her moving it up the ladder within the union. I’m guessing the regional rep will now get involved and he/she will then get the union’s legal dept involved.

They are sending a very clear message to your employers, like a shot across the bow of a ship.
Take heart, you have the full support of your union and your members.

[L33noa]

Hi all,

Im in need of some advice, i have been dismissed for gross misconduct on 12th June and have my appeal hearing this tomo 25th June. i wish to pursue matter as far as i can as i believe that this is not gross misconduct. I will explain what happened, i sent a text message to my partner which somehowe accidently sent to my manager, this read........ U alright geek, what u upto? having lunch at 12 today if u wanna meet me, Babe i so need a new job new manager is such a twit keeps havin a go at me about stupid things.
i was suspended on the spot and then received a letter next day inviting me to a disciplinary hearing for gross misconduct. i couldnt make the hearing as it was the next day at 8.30am and in another city, as i hav children i rang and said that i couldnt make the time and would need to rearrange, however i got a call at 5pm that evening saying the meeting would go ahead without me , this happened and i received a letter the next day advising i was dismissed! i feel that this shouldnt be classed as gross misconduct this was a private message expressing my views in what is a very stressful work environment, my manager has been constantly looking to drive me out of the workplace since she arrived and i did not intend to send the message it was a moment of frustration we all have at work when having a bad day/week.
please can anyone adivise if i can pursue the matter, the only prob is i have only been with the compnay for 10mths. I NEED HELP PLEASE GUYS!! PLEASE PLEASE WHAT CAN I DO????

[Sidewinder]

Originally Posted by L33noa

Hi all,

Im in need of some advice, i have been dismissed for gross misconduct on 12th June and have my appeal hearing this tomo 25th June. i wish to pursue matter as far as i can as i believe that this is not gross misconduct. I will explain what happened, i sent a text message to my partner which somehowe accidently sent to my manager, this read........ U alright geek, what u upto? having lunch at 12 today if u wanna meet me, Babe i so need a new job new manager is such a twit keeps havin a go at me about stupid things.
i was suspended on the spot and then received a letter next day inviting me to a disciplinary hearing for gross misconduct. i couldnt make the hearing as it was the next day at 8.30am and in another city, as i hav children i rang and said that i couldnt make the time and would need to rearrange, however i got a call at 5pm that evening saying the meeting would go ahead without me , this happened and i received a letter the next day advising i was dismissed! i feel that this shouldnt be classed as gross misconduct this was a private message expressing my views in what is a very stressful work environment, my manager has been constantly looking to drive me out of the workplace since she arrived and i did not intend to send the message it was a moment of frustration we all have at work when having a bad day/week.
please can anyone adivise if i can pursue the matter, the only prob is i have only been with the compnay for 10mths. I NEED HELP PLEASE GUYS!! PLEASE PLEASE WHAT CAN I DO????

I fear that this may come too late - it would have been better to start a new thread which more people could have read and advised on, but here goes anyway...

You must feel awful - who hasn't sent an inappropriate text or e mail to the wrong person? I know that I have on a number of occasions but fortunately never quite so spectacularly as this!

Your problem, as you have already acknowledged, is that you have not been there sufficiently long to benefit from certain employment rights, not least to bring a claim for unfair dismissal (unless you feel that the company's actions are discriminatory). In that respect you will have a very tough job in overturning their decision. You have though not been afforded the correct procedure relating to disciplinary procedures. You should have been given the opportunity to have the meeting postponed, and only in exceptional circumstances should the meeting have been held in your absence. You should also have been made aware of exactly why your actions should be deemed Gross Misconduct. They might well argue that your text was offensive, but after all, you were only expressing an opinion.

Your only real chance is to claim that you were not dealt with in accordance with either the company's disciplinary rules (you would need to refer to your contract of company handbook to establish what these are) or the Statutory Minimum Procedures required by law. You may also argue that what you did, whilst reprehensible and foolish, was not a breach of the company's disciplinary rules and you feel that your treatment has been unduly harsh and disproportionate.

Good Luck, but I wouldn't hold my breath unfortunately.

[vonnie32]

My understanding for what it's worth is they should have issued you with the evidence against you, ie. the text message and proof that it was you who sent it......I would say tomorrow admit nothing, keep to their procedures, highlight their failings in following them and ask that the original disciplinary be reconvened in order to allow a proper hearing to take place.

Good luck

Vonnie x

[conncat]

Hi ,
thought I'd give a quick update on my case, Its 3 weeks since I had the first letter informing me of an investigation, & 2 weeks since the meeting, they have yet to get back to me, in the first letter 3 weeks ago they stated it could take up to 20 days but no longer.
Aswell as my case there has also been another case running with another member of staff which I have been involved in as her Rep, she was actually dismissed for allegations of theft which was on very dodgy evidence, anyway we had the appeal hearing on Friday & the decision was overturned & she has been re-instated, much to the annoyance management.
Today I was due to have a meeting with the Head Teacher & someone from HR as well as my area Rep, this was called because of the troubles going on with various members of staff, from , pay, equality etc.
My area rep has received a call from HR saying the Head doesn't want me at the meeting, as part of the meeting will be to discuss my case.
We can't believe them, as before my investigation meeting 2 weeks ago, my area rep tried to talk to the Head Teacher about me , to which the Head said that she couldn't discuss the case as she was not the investigating officer.
It just doesn't make sense.

[conncat]

Just updating again,
My area rep insisited on me being at the meeting yesterday, informing them that they were ignoring an elected trade union rep which the local authority recognises, the head relented & agreed to my being there.
They also informed my area rep & myself that there is going to be a hearing about my case & they were just going through the details & then will let me know, my area rep told them that as far as she's concerned & the head office of the union, this is victimisation of a union rep & this will be taken forward as such, to which the head & her HR rep said they disagreed (obviously), & that the head would be sitting on the panel at the hearing, my area rep then said, well you want to be very wary then, to which the HR rep said, well ok we will have someone else.
Its just unbelievable.
As a side note, we had to discuss other problems occurring with other members of staff.
The personwho had her job re-instated has had a major confidentiality leak, started by the head who has laid the groundwork to make it very difficult for her to come back to work without having to defend herself.
The head stated to all members of staff that this person was dismissed & rightly so according to the evidence, but that the decision was overturned, to which members of staff said that as far as they were aware this person had been off on long term sick as was put on the sickness board, and then to top it all off after the head made this statement, a member of the office staff then decided to tell staff all about the case, what it was & the very fine details that only someone that was privy to this info would have known.
So now the union have issued a victamisation against this person & the Head for this case aswell, also stating defamation of character & slander.
These are the people sitting in judgement of me.
sorry its so long winded but I thought a little bit of backround info.

[cal37]

It sounds as if your area rep has things well in hand. I’m glad she insisted you were in the meeting, shows your employers that you will not be bullied.

Stick with it and please keep us informed.

[conncat]

Just a quick update,
Its 2 week since that last meeting I was in & still I haven,t heard when my hearing will be.
They have to give me five working days notice, which means even if I receive it tomorrow, that would make it next Thursday & I along with other union members are on strike next wednesday & thursday, and then I break up the next day (friday) for 6 weeks.
I just don't know what game their playing.

[conncat]

Hi
Just thought I'd give another update, well I sill haven't heard a word about my hearing, and now I am on holiday for 6 weeks as we broke up yesterday.
I along with other union members were on strike this weds & thurs, & picketed outside my sch, this was a national strike, but my head decided to take it personally & had a go about me to other members of staff that were not on strike, saying that it was my doing, & in the words of other staff members being very bitchy about me.
She came out to the picket line & tried to intimidate me, but I said that everything we was doing was legal & gave her a letter stating that.
She done this infront of 35 other union members to which I have their support, as they are disgusted by her behaviour.
When I returned to work yesterday, she blatently ignored me.