Hi,

I have a disciplinary issue at the moment. I was promoted in December and placed on 12weeks probationary period. I had my six week review after 9weeks and was given a few points to improve on.

10days after this review I was made aware of a security breach that I had allegedly made. I was invited to a probationary review hearing and immediately demoted.

I was not given a disciplinary hearing yet they used. This breach as the reason to demote me as it was gross misconduct. I have not seen any evidence to back this claim up so appealed. On the grounds that the disciplinary procedure was not followed.

I have since been advised that I should drop the appeal because if I continue with it I will be discipline for the breach and will end up in more trouble. My question is if I have been demoted already can I be disciplined again?

I think they are just trying to scare me in to dropping the appeal.

Thanks

Stephen

Hello and welcome to CAG.

I've started a new thread for you, please continue to post here. I expect the guys will be along later with thoughts for you.

My best, HB

Hello

How long have you worked for the company in total?

Do they have the right under either your contract of employment or disciplinary policy to impose demotion as a disciplinary sanction?

And was what you did capable of being gross misconduct?

Hi Weavieb,

Yes I too would ask, what was it that you did that constitute Gross Misconduct? Its my understanding that if indeed you have committed an act of gross misconduct that you should have a proper investigation into the matter, and an opportunity for you to defend yourself. For example, it could have been something that you very unintentionally meant to do, or the misconduct could boil down to other things, such as you being unaware of proper procedures or a gap in training.

It seems wrong for them to have this hold over you. especially as you've not had chance to properly defend yourself.

Hi Weavieb,

 

Yes I too would ask, what was it that you did that constitute Gross Misconduct? Its my understanding that if indeed you have committed an act of gross misconduct that you should have a proper investigation into the matter, and an opportunity for you to defend yourself. For example, it could have been something that you very unintentionally meant to do, or the misconduct could boil down to other things, such as you being unaware of proper procedures or a gap in training.

 

It seems wrong for them to have this hold over you. especially as you've not had chance to properly defend yourself.

I have worked for the company for 3 years. They have alleged that I failed to lock the building up properly. I accept that it could be gross misconduct and demotion is an option but I haven't been officially disciplined. Yet they used it as the reason to fail my probation.

I have been given no opportunity to defend myself or even see the evidence that they have to prove its true. With them saying that they will discipline me if I appeal makes me feel that I will win the appeal. My only issue then is because I have been punished already can they try and punishe again?

After all it's not my fault they cocked up the first time.

Sanctions can absolutely be increased on appeal, although ETs don't like it.

However they haven't actually given you a disciplinary yet. They are failig your probation; that is different.

Sad to say not locking up properly can indeed be GMC.

When you say "I have since been advised" - by whom?

Hi again,

It does seem incredibly heavy handed punishment, what I mean is, if you had done this before and if you didn't lock up properly due to being careless, and there's evidence of this then I could understand them disciplining you. But there again, we don't know the full facts because there's been no investigation! I've left the front door to my house open by accident, which is something I would definitely not intentionally do.

Are they recording this incident on your employment records as gross misconduct? Have you had to sign anything in a meeting in relation to it?

If you appeal, be warned that you could be victimised as a result, especially if they are acting improper. I've been there, it'll make you miserable and could end in you being dismissed or leaving as a result. Consider your options carefully.