please help Disciplinanry Investigation for gross misconduct at work

[jononi-exchange]

I am currently being investigated for gross misconduct at work. Basically, I have been alleged of mis-using a disable badge. I currently have a ET case against my employer which was logged in May 2007, so they are continuing their campaign of harassment and alleging that i have misused a disable badge which is not true. The badge belong to my mother and on occassions when I used the badge to park my car I dropped her to my cousine house before going to work and also agreed to pick her up at lunch time. My cousins house is a few hundered yards from my workplace.
I normally use my padle bike to commute to work and my emloyer has given me a secure space to park my bike.

My employer is the issuing authority of the badge.

My employer is taking legal action against me in the court and also asked me to attend a disciplinary investigation next week. I highlighted to my employer that this investigation is sub judice as the matter is still in the hand of the court but they won't have it.

I have been sick leave certified by my GP for depression and anxiety 3 days before I received my suspension letter.

I am extremely worried and stress about the whole situation and I am concern that they will use this to dismiss me from work. I need urgent help, please help.

I know they doing this to get rid of me from work.

[MrShed]

Can you clarify for me how you have NOT misused the badge, if you have in fact used a badge that you were not issued?

Not meaning to be sarcastic, just perhaps I am missing something obvious...?

[jononi-exchange]

Originally Posted by MrShed

Can you clarify for me how you have NOT misused the badge, if you have in fact used a badge that you were not issued?

Not meaning to be sarcastic, just perhaps I am missing something obvious...?

Display of an individual's badge when a vehicle is parked
14. - (1) This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual's badge may be displayed while a vehicle is parked.

(2) An individual's badge may be displayed on a vehicle while it is parked if it-

• (a) has been driven by the holder, or has been used to carry the holder, to the place where it is parked; or
  
  (b) is to be driven by the holder, or is to be used to carry the holder, from that place.

• I hope that clarify the situation.

[MrShed]

Fair enough

Is that term in your contract of employment?

[jononi-exchange]

Originally Posted by MrShed

Fair enough

Is that term in your contract of employment?

Please explain what do you mean that? If you are talking about if the law is in my contract of emplyment? then the answer is no. However, if I do use it outside of work for the benefits of the badge holder then does it matter whether it is in my contract of employment or not?

[MrShed]

I am confused though. You say the disabled badge was issued BY your work. Do you work for the council?

Dont be so defensive btw

If that is quoted from the relevant law, then your employer will have to prove your abuse of the badge. In order to do so, they will have to prove that you used it when not transporting the person to whom the badge was issued. As you say you have not done this, I dont think you have too much to worry about.

[callumsgran]

But you didnt carry the badge holder to the place you parked it did you?
You dropped her off 100 yds away and then drove on to park it at your workplace, so therefore you are liable
I'm sure this will be their argument

How silly of you to drive the vehicle to work when they already 'have it in for you'



I think you will find they (your employers) know more about these laws than you do

[jononi-exchange]

Originally Posted by callumsgran

But you didnt carry the badge holder to the place you parked it did you?
You dropped her off 100 yds away and then drove on to park it at your workplace, so therefore you are liable
I'm sure this will be their argument

How silly of you to drive the vehicle to work when they already 'have it in for you'



I think you will find they (your employers) know more about these laws than you do

Thanks guys for your reply;

If I took the badge holder to the GP's surgery and GP surgery had no parking spaces then i would park at a space avaible near to that place.

Yes I am not only silly but stupid too.

[MrShed]

I think what CG is saying is that following dropping her off, have you then in fact moved the car?

[callumsgran]

Originally Posted by jononi-exchange

Thanks guys for your reply;

If I took the badge holder to the GP's surgery and GP surgery had no parking spaces then i would park at a space avaible near to that place.

Yes I am not only silly but stupid too.

I am just trying to point out your errors mate, i'm not having a go
As for the GP thing that is irrelevant as that is not what you were doing
I personally think you could lose this fight, i hope for your sake i'm wrong

[jononi-exchange]

Originally Posted by callumsgran

I am just trying to point out your errors mate, i'm not having a go
As for the GP thing that is irrelevant as that is not what you were doing
I personally think you could lose this fight, i hope for your sake i'm wrong

I am estremely sorry I dont meant to be rude, I was just trying to put a senerio or my side of the fight.

Thank you for your reply. i do need help or they will use this against me to dismiss me from work. Pleas pleas ehelp

[jononi-exchange]

Originally Posted by MrShed

I think what CG is saying is that following dropping her off, have you then in fact moved the car?

Thanks.

I dropped her off and park at nearby avaible space as she needed to know where my car was in case of emergencies.

thanks

[MrShed]

Can you explain exactly what has happened on the days in question.

I.E. where you have parked, for what reason, and especially where with and without your mother in the car?

[MrShed]

In a disabled space, correct?

Are your employers the council?

[jononi-exchange]

Originally Posted by MrShed

In a disabled space, correct?

Are your employers the council?

Hi, No I wasn't parked in disable space as there were no designated disable space there.

yes the employer is a County Council.

Thanks

[MrShed]

Right - that makes a bit more sense.

If you havent parked in a bay that requires a disabled badge anyway, I fail to see in what respect you have abused the scheme.

[callumsgran]

I think what has happened is, someone on the council has noticed that he is driving to work using his mothers badge
They have seen that she is not in the car when he arrives at work and has assumed that he is using the badge for his own purposes




Jononi, why have you displayed the badge if it is not necessary to do so?
I.E it's not in a disabled space?

[jononi-exchange]

Originally Posted by callumsgran

I think what has happened is, someone on the council has noticed that he is driving to work using his mothers badge
They have seen that she is not in the car when he arrives at work and has assumed that he is using the badge for his own purposes




Jononi, why have you displayed the badge if it is not necessary to do so?
I.E it's not in a disabled space?

Hi CG, I where my cousin lives and I dropped my mother off is a control parking area so I had to display the badge as I was picking her up during my lunch or after work.

thanks

[MrShed]

Did you remove it after dropping her off?

[jononi-exchange]

Originally Posted by MrShed

Did you remove it after dropping her off?

Hi Mr. Shed,

I dropped her off in my cousins house who lives on fourth of a tower block, there is no parking spaces for visitors, so I parked on the main road which is 20 yards away from his building.