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  1. Last Friday I was given a letter at work informing me that I am the subject of a disciplinary investigation. I work for a large Civil Service Department and have seventeen years of unblemished service. I should also point out that I am not a union member. I am based at one particular office but I am required to travel to other locations on a regular basis. The investigation relates to expenses and travel time claimed for these days. As far as I know I have claimed correctly and cannot guess what the problem might be. A manager from another region will be conducting the investigation. I am to attend a meeting within the next couple of weeks where I presume I will be given the details of the allegations against me. I contacted ACAS and they informed me that I should be given copies of the evidence which has given rise to the investigation prior to any fact finding meeting. I have no experience of these matters and am unsure how to approach this. Should I attend the meeting in the dark or should I refuse to attend until I see some more details? I'd be grateful for some advice, Thanks in advance.
  2. I've worked at my current role for 2 and half years. For 2 yrs I had two managers, neither of which ever raised any problem with my work. The company I work for are very small and we don't have any appraisal or any HR process - so my feedback had always come via 1to1 meetings with my managers. Over my 2 yrs I had also been given praise from some of our clients over work delivered. Six months ago I got a new manager. At our 3rd meeting she told me she had concerns over my work, suggesting I wasn't fulfilling the job as she'd see fit and had told the company directors I was thinking of leaving. This stemmed from a private conversation I had had in an earlier session which I joked about leaving - unfortunately this was taken literally and passed on to the company director as fact - something I wasn't very pleased about. At the same (3rd) meeting I was told that I'd need to improve or it "wouldn't end well". Understandable this shook me up. After that meeting relations didn't improve. For the past couple of months I continued to do my job as I had before, and a couple of times since I have been told I need to do things to match her way of doing things - nothing has ever been written down - it's all verbal. I've also been given new processes and systems to work on, but no training has been given other than the offer of sitting with my manager when she's available to be shown. I have done this, but lately I am asked for forward work to her for approval, or for her to update rather than me spending time on it. I am made to feel like a spare part. I have understandably become a lot less confident in my role as I feel I am not supported. This in turn has made me more withdrawn with my colleagues. Recently I've been told that directors have been discussing me (openly) suggesting if my quieter mood doesn't improve there would be consequences. I did try and meet with my director to discuss, but he didn't follow up on my requests and frankly gave me the impression he wasn't keen to meet. We have no written disciplinary process other than a sketchy paragraph in my contract about "not fulfilling my role". I am keen to know legally if I do have an employment law I can refer to ?
  3. Hi everyone, A friend of mine is attending a disciplinary hearing tomorrow, she has good evidence of innocence so the content is not the issue. The problem is the MD of the firm is the one who wants her sacked and has carried out the investigation herself ( totally unbiased of course) She has brought in a friend of hers in to do the disciplinary hearing and she doesn't even work for the company. Is this common or unlawful? Thanks in advance people.
  4. Hi, I wondered if there was anyone who could give me some advice. I've been off ill from work for 19 months from PTSD after an incident at work. I've been asked to attend a disciplinary meeting for a dishonesty allegation made against me. They have said I can have a work companion at this meeting. I asked my employers if I can attend my work place to find a work companion to attend the meeting with me. I know a lot of people have left and I really don't know if anyone is still working there that I will know to ask. They have refused to let me go stating that my condition of anxiety and stress that I suffer that they do not believe it is prudent for me to attend and given me a deadline of 5pm today to reply if I will be accompanied or not. I've told them they're been unreasonable and it is important to me to be accompanied. Not sure what to do or how to reply, any ideas?
  5. Hi and thanks for reading. My family member is getting another discplinary for lateness. She has worked for a company for over 1 1/2 years and in that time was late twice. A few months ago she was late a third time (due to buses, phoned in and explained). She got a disciplinary and apparently had received 'verbal warnings', and received a written warning at this meeting. She was late again last week (again due to buses) and phoned to advice she would be late. She is now getting another disciplinary and has been told she will possibly get a final written warning. These things happen and due to transport etc surely if they have phoned to advice then does that warrant a discplinary?? Help??
  6. Hi there My husband was informed yesterday that it is to be demoted from a position as a supervisor that he has held for 7 years, due to restructuring of the department and that they will be employing a manager. He was told not to apply for this "new" position as he would not be considered. The new position has an increased work load. His salary will stay the same but his car "band" will decrease though this is part of his remuneration package. When he asked - " What if I decide not to take this job?" the reply was "You could always go for redundancy, which we will fight in court as the job offered is of a similar role." It has also been discussed within meeting prior to Friday and my husband had been informed that something was happening by a collegue, not his manager or HR. What are his rights he has been employed by them for over 23 years, this demotion through no fault of his or the standard of work will be acutely embarrassing and stressful. Thank you in advance SFx
  7. Hi all, I've been asked to go to a disciplinary on Monday: This is part of the letter emailed to me, I've accepted the meeting but now I want to refuse it. -------------------------------- Evidence of this is a Bradford factor score (based on absences in the last 12 months) of 238. You have reached this score following a 5 day absence in February 2014 and then 4 short term absences in the past 6 months – August 8th – Migraine September 10th – Sickness December 8th – Cold/flu January 18th – Stomach ache/sickness -------------------- 1. The bradford score he's worked out is wrong. 2. It was 4 days in Feb not 5 - so not accurate, which is should be as this is the only sickness I have done a return to work interview for. (before he started work here) 3. no return to work interviews at any of the other sickness dates, I made him aware in September I've not been getting return to work meetings and he just told me that my score isn't bad and there is nothing for me to worry about. 4. September says sickness because there is no record of it anywhere, I can't remember what it was either at this moment. 5. I feel like he's wasting my time, and doing it for alternative reasons other than concern about me/my team, he's already decided what he's going to do about it before we even get to the disciplinary. I am going to call Acas on Monday as well, but I start a 7pm, the meeting is at 8pm and I have an hour when I get here, which I am planning on emailing him, and the CEO of the company and refusing to attend this disciplinary, but inviting him for a meeting with me? I don't want to seem like I don't care about my sickness, I do, I work around 250 - 300 hours a month and I have more than covered the lack of staff situation - including the massive mess over xmas/new year, I do other peoples jobs for them and fill in where needed and I feel like it's all meant nothing. I have been here 18 months. Please anybody with any advice, thank you!
  8. After some help if anyone can. My work colleague and friend hurt her shoulder in January and had 4 weeks off sick, she consulted her doctor, who signed her off for this period. On return to work she came back on reduced hours and light duties for several weeks. Eventually, she went back to her job on normal hours and duties. However, it quickly caused pain to her shoulder again, after seeing her doctor again, she was treated with a steriod injection, where she had to take a few days off work on the advise of her doctor. She returned to work, and several weeks later was back in the same situation with her shoulder, and had the same steriod injection and 3rd occassion of absence, as advised by doctor. When she returned to work, she had the usual back to work interview, where she was informed that Occupational Health would be come involved. She later in that week, received a phone call from OH, who assessed her problem with her shoulder over the phone and came back with a list of light duties for her to do until she saw the consultant at the hospital. ( she was referred in Jan, when the injury first happened). However, these light duties were not followed and she was put on normal duties, and has since ended up off sick for 4 weeks, due to the pain in caused her. Today, shes returned to work, shes been told that light duties will be followed, however, they are now taking her through the disciplinary process. We work for a huge week known company and have a union, who she is going to contact when she gets home. Just wondering if anyone has any thoughts on this, or any advise or support that I can pass on?? Many thanks for any help given.
  9. Hi, Does anyone have any hints/tips on writing a character reference to be used in a disciplinary hearing? Thank you
  10. I was suspended approximately 3 weeks ago regarding a matter of gross misconduct at my work, I have since been to two investigatory meetings and in these letters it was clearly stated that the matter being investigated was that of gross misconduct. Today I received my invitation to disciplinary which states that I am to attend a disciplinary to "review my poor performance" and that "one of the outcomes of this meeting could be that a decision is taken to issue you with a formal warning". Now doing a little research I believe that for formal disciplinary procedures companies need to inform you in advance if you may be fired so as not to spring that on you without warning. Is this correct, and if so I assume I will have a good case if I decided to appeal this if they fired me?
  11. Hi everyone,hoping for some help and advice if possible? I returned to work after holiday to be told "somebody has put a grievance in about you, we will have a meeting now to sort it out,you'll need to get a witness" No notice nothing in writing.Went to meeting to be given an envelope which contained five screenshots from my facebook profile.some of them mentioned about how unhappy I was at work. I asked them to tell me what I had done wrong? they couldn't answer me as to what I was specifically being questioned over.no social media policy is in place at work,my workplace is not mentioned or used anywhere in my profile,and only some family and some close friends know exactly who I work for. they suspended me on full pay while they investigate.had a letter 3rd oct saying a disciplinary meeting was set for 10th oct,to answer to a gross misconduct nature allegation. I wrote back and asked for all evidence,statements etc to be forwarded to me by return post.as of now 16.45pm still not had any response. what do I do now and what should I do at the meeting?
  12. Hi. I need some advice. A few weeks ago I was called into a sudden "investigation meeting" at work where I was shown picture of me using a mobile phone behind the counter at work. The image wasn't clear and I don't think unless they showed me a video you probably couldn't see that it was a phone (just something black). Even probably on video you wouldn't be able to tell it was a phone but anyway they asked me "what is the company policy regarding using phones at work" I said "you're not allowed". They said looking at the image, why was I using my phone. I said I was waiting for a call cause my cousin is in ICU, so was checking my phone. She told me this is just a warning and to not do it again after some more questions. However, 2 weeks pass and today I get a letter for a disciplinary meeting? I'm really annoyed. Firstly, I knew I messed up admitting using the phone. I should have not admitted that cause they picture wasn't that clear. I know we've been "told" we can't use mobile phones in our workplace however today I went through all the company policies on the system and it is not stated anywhere you cannot use your phone. All that is stated it you cannot use "social networking" while at work. Using a phone doesn't mean your using a social networking site. A few other people over the last 2 months have been caught using their phones and all they had was a investigation meeting and no disciplinary. My question is. 1) Can I still challenge in the disciplinary if that is a phone in my hand in the picture even though I admitted it during the investigation? 2) Am I being discriminated against? Everyone else who was caught was white and a woman, i'm neither. How is it i'm being singled out and being given a discinplinary while they were all let go? One of the girls even told me today she didn't get a disciplinary and only did a "investigation" meeting. 3) If there is no written company policy regarding mobile phones, can they give me a disciplinary? 4) If I was told during the investigation meeting that this is a warning, how can they still call me in for a disciplinary? 5) Our company states gross misconduct as stealing or hitting someone at work which leads to instant dismissal. Are they still able to fire me over this considering it seems to have crossed a line that no one else has crossed? All help appreciated.
  13. I am a newly elected union chairman at work and it is a learning process for me as well as challenging.Ther eis one issue which I cannot answer as I do not know the answer.Basically,a colleague at work said that all the disciplinary hearings at work are illegal because the minutes should be taken by someone independant, rather than the person conducting the hearing.Is this correct, and if so, is there any legislation on this issue?.Many thanks
  14. Hi Guys, was wondering if anybody can throw some advice my way. Upon finishing my shift today, I went into the office with a colleague to find out what job i had tomorrow, and was told I didn't have a job tomorrow, and to open a letter I was handed (In front of my colleague). The letter states as follows: Dear XXX, ABSENCE MANAGEMENT HEARING Since you have started work at XXX Ltd, you have had a total of 26 days absent from work in the last 12 months. Due to the level of absences that you have incurred, you are required to attend an Absence Management Hearing which has been arranged to take place at XXXX on 03/09/2012 at 10:00am. You will not be expected to work until this matter is resolved and you will remain on full pay. The hearing is held under the terms of the Disciplinary policy and procedure and it's purpose is to: - Set out our expectations in regards to what is an acceptable level of attendance. - Examine the history of your absences in line with the Absence Management Policy. - Discuss recent informal management actions that have taken place. [NB i have no idea what this is referring to] - Ascertain if there is any additional support we can offer. - Discuss any mitigating circumstances that we have not been made aware of. - Reach a decision that sets a formal outcome and that may set additional attendance targets for your future attendance, based on policy guidelines or some other outcome. You should be aware that this is a formal meeting and due to the significant level of absences, within the first year of your employment, that your employment contract could be terminated, or alternatively you could receive a final written warning. The panel will comprise of PERSON A, who will be chairing the hearing and PERSON B. You are entitled to be accompanied at this meeting by a recognized trade union representative of a union of which you are a member or by a work colleague; these arrangments should be made by you. Should you have any queries in relation to this matter please do not hesitate to contact me on the above number. Yours sincerely PERSON A. I asked if this means that I'm not working tomorrow (as it wasn't really made clear as to whether this was a suspension) and they said yes see you on Wednesday. Now, I have had some time off, namely 2 weeks when i had a health issue and underwent tests for testicular cancer (it wasn't cancer fortunately, however i do need surgery), and when my child was ill. I have also had the odd day off and asked for it to be taken as holiday which was agreed to (I'm sure that is annoying to my employer however if they have agreed to let me take it as holiday then surely they can't record this as an asbsence?) The thing is, work has really dried up and everybody is working shorter hours etc and my friend thinks they are trying to force me out the door for this reason, but having only been with the company just over a year I think they would lay me off or make me redundant if that was the case - it's easier and less messy. I previously worked as an area manager for a company who were very professional and organised and were meticulous in their disciplinary procedures in which i carried out. PERSON A is renowned within our company (of only about 8 employees) of being power hungry, throwing disciplinaries and threatening jobs, and discussing personal issues and disciplinary outcomes with all staff that show an interest. When outside of the building getting ready to get in my car, another colleague, a supervisor who everybody cares very little for, came up (literally less than 5 minutes after I left the office) and said "PERSON A just told me whats going on, that's not very good is it? You're just gonna have to take it on the chin." Now he's a supervisor but he has no part to play in this due process and is not involved at all, and as such surely it shouldn't be discussed with him? I wasn't issued with a copy of the disciplinary process I wasn't issued with a copy of the absence management process I wasn't issued with a copy of my absences. I wasn't issued with any evidence whatsoever - just the letter above. The 'recent informal management actions that have taken place' line confuses me as i haven't been spoken to, if they have conducted any sort of investigation, surveillance etc then should i not have that too? The confusing nature of the letter - Is it an absence management hearing - Is it a disciplinary? I always had to conduct an investigatory meeting before scheduling a disciplinary meeting. Maybe the most standout point for me (this could just be my previous training) is where it is written "your employment contract could be terminated, or alternatively you could receive a final written warning." Does this not point to the fact she is pre-empting the outcome of a disciplinary by only considering these two outcomes? I was always told to NEVER pre-empt the outcome no matter how cut and dry it seems - it's too dangerous for the company. I'm sorry for the rambling nature of this post and the lack of structure to my points or questions but i would be interested in peoples thoughs/advice. Many Thanks, Lenny.
  15. Just looking for some advice. I have a disciplinary this week which I don’t feel is fair, and havearranged for someone from my union (joined after having previous issues withthis company!) to accompany me. Basically, I had issues last year surrounding sickness. My boss took asudden dislike to my sickness and tried withholding pay etc, even though theyhad never followed a return to work progress or warned me in advance. Longstory short, I raised a Grievance, and was told I was in the wrong. I appealedthe decision and it went in my favour. Boss got a bit of a telling off for notfollowing the process. At the time, I detested coming to work as it was a long drawn out process of4-5 months where my boss made life hell. He knew I was suffering with healthissues, but seems he set out to make these worse. Several months down the line, one of my colleagues was promoted to senior,and management now comes through him. As you can imagine, objectives given to me were not the top of my to do listlast year and I failed to achieve these, resulting in having to go on an"improvement" plan to improve performance. I had also failed objectives the year before, but because the boss took adislike he never bothered following the process, leading to me failing themagain. The plan started in April this year, and was supposed to last 12 weeks.every 4 weeks a review should be held and decided at the time whether I havemade sufficient improvement. If sufficient I carry on to 12 weeks. Ifinsufficient I should be sent for a disciplinary. 4 weeks = first warning 8weeks = final warning 12 weeks = dismissal. So I started this in April, had some objectives set and dates set forreviews. In my reviews - for every objective he always found something to moan aboutor hold against me. I put the time and effort in to improve, but he wouldalways say "you’ve done well on this, but you could have done that as well"etc etc He would contradict himself ALL the time - ie "why did you send thatout without getting me to review it" then contradicting another time with"you’re at the level where you shouldnt be asking me to reviewthings". Despite this, I was making progress and he couldnt argue with this. However he was a bit Jekyll and Hyde. I had weekly catchups with him on top of thereviews, where we also had to go through the objective plan. He would changeweek to week his take on things "your not putting much effort in onthis/doing the bare minimum" to "oh your doing really well on thatone" So fast forward to now, and I had my 12 week review. I never heard back at 4or 8 weeks whether I had "passed" or "failed" and as such Inever had any disciplinarys. In my final 12 week review, he picked up on any little thing he could. eg"Oh good job you havent been late to work once, but why are you onlyarriving / leaving 5 minutes before your shift.... you should be showingwilling and working 20 minutes before and after". I did jobs which took other people 6 weeks to complete - it took me 2 weeksbut "I could have done better and done it faster” The same guy telling methis took over 6 weeks! I did work which other people passed onto a 3rd party. I took the time to doit myself "Well done, but you should have done this as well" Everything I did, he counteracted with something which he usually pluckedfrom thin air. During the 12 week process, he has been rude, ignored requests for help, anddone anything he can to make my life hell. We are expected to work on call one in every 5 weeks. He would give menotice sometimes 1 or 2 weeks in advance (always used to be a yearly rota) andnot allow me to change or alter if I had things planned that weekend. He also suggested I should cancel my holidays and any prebooked leave during the 12 week process He is very good at "pot calling the kettle black" as he would pickme up for not replying to emails sent 5 minutes before I finish, or even 20minutes after I have finished until the next day. Yet I sent him emails askingfor XYZ, and would ask him the week after if he has seen this email.... hisreply "I havent seen it yet". I was also laughed at for not understanding how something worked, andridiculed eg "Ill draw you a pretty picture". Yet someone else in theteam asked the same question and was explained politely with no question. My feeling is this guy is out to get me because he took offence when theboss asked me to do something which he wanted to do before he was promoted. Theguy was well known for been late / swearing at people / kicking doors etcbefore the promotion, but he is friends with the boss! My honest feeling is 3 of the 5 objectives were clear passes. He marked medown as fail on one for the tiniest little thing he could. The other two hemarked as "only just pass" . The other 2 I had a feeling might fail as I hadnt had time to finish these -although I made every effort I could to. However the week before my review hesaid "you should be OK with those as youve put lots of effort in on theother main objective" guess what though.... he failed me. Our objectives are usually scored eg 10 points max – 5 points or more is apass, less is a fail. I asked for the scoring for these objectives and he said he“didn’t have to give me these” I work on a remote site away from boss, and there should be two of us doingmy job. The other guy was sacked last year (by the same senior - who took adislike to him) and I have been on my own ever since as they have struggled toeven find anyone to interview. My feeling is they are either: Giving me this one disciplinary so a warning is on my file, making it harderfor me to find another job (which they are aware I am trying). Take it all the way to a final warning so they can easily get rid of me oncethey do find someone else. I also think my age is a factor. I am the youngest in the team by approx 10years or so, and the way he speaks to me/the way my review is written etc... Iknow he would not do this if I was 10 years older. So now the old boss (above the senior) is holding myDisciplinary. I know he has had input into these objectives and the finalreview and has already decided I have failed, so I don’t see how this can befair at all…. The disciplinary should decide whether action should be taken ornot etc. He has already decided this, as he had the overall say. Any help or advice appreciated.
  16. Hi Could some please help me. I am a manager and out of the blue a senior manager turned up and informed me she was here to conduct a fact finding meeting around allegations made against me. 2 were founded but I feel that I gave good reasons for my actions - but they happened one month ago. The 3rd is definaltey a fabrication. The minuting lasted 5 minutes and when I tried to show her evidence she didnt want to look and she was the one taking minutes, possibly 1 line for each. Is this part of a discipilnary? I am making myself poorly thinking and thinking about it.
  17. Hi again, wondering if you knowledgeable people can answer this and help me; My current employer has agreed to me leaving (PILON). They have agreed a factual reference which I have a draft of, which pretty much states that I was good at my job, well respected which I'm fine with. Now, there is a final written warning on my record which was for a year and falls of on X date. They have included a paragraph stating this and also stating that it was not due to competency. They add that there have been no further issues or concerns regarding my conduct. Now due to my line of work I would expect this. They have agreed to provide a reference without this paragraph if a reference is requested after X date. To put things in context, worked there for 20 years no issues. Started my own company, and also allegedly worked on said company during a period of sick leave and did not disclose a potential conflict of interest early enough. Naïve and stupid etc but all done and dusted. I have 2 questions The application form for the job I'm applying for asks if I have EVER been subject to any investigation, hearings, warnings, complaints or investigations (2nd mention) by any employer, agency or professional body? - The only thing that has happened is what I've said in this post. I want to answer truthfully but is my whole working life history any of their business. My instinct is to let them know what has happened in the past 2 years but is there a statute of limitations type thing regarding this? When they request the reference they will obviously ask my employer to complete a questionnaire that asks specifically if I was subject to any disciplinary or given any warnings about my conduct during my time with them, are they obliged to go into detail? I really don't want to rule myself out of being employed by being too forth coming but at the same time don't want to lie or be misleading. Advice much appreciated.
  18. Hi I am about to seek legal advice with my problem, but thought I would post on here first. I was suspended on the 8th July following an anonymous letter alleging inappropriate posting on a social media site, this hinges on privacy setting's, but I can prove that they where in place. My main concern is the process... I have been accused of gross misconduct and the disciplinary hearing is at the end of this month. The paper work says I was suspended on the 5th not the 8th, I had an investigatory interview on the 24th July, and didn't receive the minuets until the 16th September, to amend and return. Two days later I received the disciplinary papers dated the 1st Aug!! The letters also refer to our meeting on the 29th not the 24th.. I know it sees like picking at straws, but as the "person on the Clapham omnibus" it does seem a bit messed up, and something as important as this needs to be right. I have worked in my role for over 10 years, and its a local authority, and would welcome others thoughts...
  19. Hi So I have been given a final written warning for the following two reasons: my decision to have a day off on a major sporting event, this should have been a priority in my weekly planning an email I sent out which was deemed unprofessional and suggested a lack of recognition for my financial performance. I will be appealing on the grounds that, my manager authorizes my Rota the week before it comes out so if this was an issue why was it not raised then. Also the fact that I had in fact worked 6/7 days that week and am only contracted to 5 days. 3 of those days where predetermined as I fulfill a role of duty manager alongside my current role in my workplace and there is a separate Rota for this. I was very confident and satisfied that my department was covered, I had a 2 shift leaders and a strong team for the day. On my return to work following my day off I caught up with my manager who quizzed me on my decision to have a day off and he also said that I was going to get a letter of concern...the outcome of the disciplinary was therefore predetermined - in fact I actually got final written. I also received a phone call out of work hours from my manager the day before my hearing where he proceeded to shout at me for discussing my forthcoming disciplinary with a fellow colleague - am I not allowed to confide in confidence about my worries regarding this matter? He told me again I would not be getting fired and only a letter of concern. I apologized for talking to someone about it, I'm only human after all and its natural when stressed and worried to seek solitude from friends? My email was actually sent asking for help and I received numerous replies saying well done for asking, even a senior person at head office thought it was great that I was asking, however my manager appears to have taken it personally which in no way was it directed at him. I did apologies and say it was not my intention to offend anyone I was merely being proactive and seeking help. My boss leaves next week so I want to get this cleared up before the new gm starts. Any views of this would be appreciated. Thanks
  20. Hi everyone. I work for a large telecommunications company and speak to customers on the phone. I have never been rude and regularly get complimented from customers for going out of my way to help them. However there was one performance target I was struggling with and 2 years ago was put on a Personal Improvement Plan to help meet this target. Despite making a massive improvement it still wasn't meeting the actual target so began the disciplinary procedure. Back then the scores I got for that target were worse than the company average so I understand and accept that I ended up with a Final Formal Warning. However, that was 2 years ago and since then I have been constantly dragged in and out of disciplinary meetings and the outcome is always that they will "extend the monitoring period" because I am still improving. The stress from this and from my dad's sudden death made me extremely ill last year and I was signed off with depression and anxiety for 4 months and my employer knew that this was in part due to their continual pressure and threats of dismissal. As soon as I returned to work I got another formal letter for yet another meeting and yet again the monitoring period was extended and I was told that over a 5 week period I must meet or better the company average on 2 specific performance targets and if i did not then there would be another meeting with senior management. Over those 5 week I worked extremely hard and succeeded to get better than the company average in both targets so I was relieved and went off on a week's annual leave happy that this was finally over. So I was devastated on my return to be handed a letter straight away saying performance had not improved and the meeting was set for a week later. I prepared for the meeting by working out my averages for the 5 week period and the company average for the same time and showed they were better so I had done exactly what was asked of me. That was 2 weeks ago and I have had no decision. The signals I'm getting though is that I will be dismissed. I don't understand though because their own figures prove I did what was asked. The disciplinary process says outcomes are provided within 5 working days. They know that the ridiculous pressure almost destroyed me and they don't seem to care at all and honestly appear to be TRYING to get me to break down and just quit. Every day I go in to work and am expected to be at 100% in what is already a stressful job despite being terrified and anxious every second that I'm just about to be taken away and sacked at any moment. Any advice? (sorry about the length, just trying to make things clear)
  21. Hi, I joined a company around 4months ago and I travel to get there around 2hrs each way. The job basically required me to work on site for my companies client. Every week I am suppose to complete a timesheet and I am suppose to complete 37.5hrs a week. On a daily basis especially the last 2 months, I reach work after 9am and I mostly leave the office by 3:30pm (I skip lunch) so I get in time to see my baby son before he sleeps but I work off my phone and remotely. I make sure all my tasks are on top of, I believed until this email that the client was happy with my work as I work and I always make time for the customer whether it be a phone call in the morning at 8am or a call after 5pm. Today I received an email stating I have a Disciplinary Investigation Meeting for Alleged issues with time keeping, possible dishonesty and fraudulent claiming for hours not worked; breaching code of ethics with regards to accurately recording and charging labour. My contract states my hours of work are 9-5:30pm however flexible working can be agreed with the manager, which he was happy with me to as long as I completed 37.5hrs in a week. I have had a word with HR and they said they have had to hold this meeting due to a complaint from the client and they have to follow process. What are the likely chances if they do find discrepancies within my time keeping that they would sack me for it and do I have any grounds to appeal if they did? I initially asked if my client could be present at the hearing as I honestly thought I was keeping the customer happy as I make sure the customers are well looked after and go beyond helping them every time. However it seems he is the one who has made the complaint so this has really baffled me. I have had no warnings, hints or anything in the last 4 months... Any advise on this matter would be of a great help. Thanks
  22. Hi, On Saturday night we had an armed robbery at the store I work at. After the robbers had left I called the police. I went back into the office and there was change all over the floor, the loss prevention officer at my company has seen me picking up £3-4 in change and putting it in my pocket. I admitted to this. I have been suspended with full pay until my disciplinary hearing. He said he had called the police and arranged for a meeting on Thursday with them. What is likely to happen now? Should I resign? Am I going to get a criminal record? I've never done anything like this before and my criminal record is currently clean. I think I'm the only person who could have two guns pulled on me and lose my job in the same bloody night.
  23. Hi, I've been requested to be a management witness at a disciplinary hearing for gross misconduct. I've already been interviewed and given a statement. The allegations are around things that happened 5 years ago when I line managed the individual who is now a very close friend of mine. I have not worked with them since around 4 years ago but still are employed by the same organisation. We also run a part time business together of which our employer is fully aware. I want to know if I can refuse to attend on the basis that, I have already co-operated fully and provided a statement and, there is surely a conflict of interest due to our relationship. I don't want them to accuse me of not following a reasonable instruction but I really don't want to compromise myself or my friend. Your thoughts and advice will be much appreciated.
  24. Hi there! I'm really concerned because I received a letter for a disciplinary meeting next week, reason: absence from work and no attendance for a meeting on the 11. May 2014. I've been off sick since April '14 and always called in to inform them about my sick note and sent it on the same day via post. On the 5th May the assistant manager (managers brother) called me to arrange a meeting to "come back to work". I had an accident and because of my hip pain, I'm not able to sit in a car for long (the company is around 20-25mins away). I told him, that I cannot attend a meeting at the company, but we could discuss this over the phone. The assistant manager declined my idea and wanted to speak to the manager again. I never received a call again and because my sick not is probably extending I thought it would be fine as long as the manager wouldn't contact me. After I received the letter I called the company to explain that I don't agree with "absence from work" and tried to explain the previous phone call, but the assistant manager (managers wife) said "you can discuss this with the manager next week" and "if you cannot attend, you may be dismissed" Would this be a unfair dismissal because I'm off sick and cannot attend? Besides that the reason is absolute nonsense? I'm still in probation period, does this matter? What should I do? I feel a bit lost now. Thank you very much for any advice! Edit: If it comes to the worse and I get dismissed from work, will our benefits be affected? My partner is receiving ESA, I send my SSP1 form yesterday to get paid for my sick days.. so am I claim ESA too as long as the sick note lasts?)
  25. Hi guys, Bit of background: I'm just shy of two years with my employer, I always prioritise my work and in the beginning, when the workload was really high, I would often stay back for hours and come in at the weekend to help out without being asked and without being paid. I have a strong work ethic. The issue: My manager, whom I've raised a grievance against for various reasons, reported me to HR for carrying out non-work related activity whilst at work which is true. Why did I do it if I have a strong work ethic? Various people on the team including myself have brought to our manager's attention that there are many hours every day with no work to do. He hasn't escalated this to anyone and he has allowed everyone on the team to browse the internet, complete coursework and sit on Facebook etc. for many months. I refuse to sit and do nothing for hours every day so I choose to educate myself by completing coursework. What's happened? I had an investigation which I know is going to progress to a disciplinary based on the questions and the fact that I once (or twice) printed something off using work's printers. This probably cost the company 10p and considering the additional hours of work I've put in I would say that they could let that slide but they won't of course. Every time I gave a reasonable explanation for my actions, the investigator explained it away and asked me leading questions to force me to look bad such as 'do you think it is reasonable of an employer who is paying you to expect you to talk with your team as part of a team bonding exercise rather than use company equipment (PC) to complete coursework'. This question is ridiculous and I tried to point this out in the most diplomatic way possible; if my employer is happy to pay me to sit and gossip for hours, or sit and stare into space for hours then why would it matter if I sit and do coursework? I feel as though I am being punished for choosing to educate myself rather than sit and chat...which we're actually not allowed to do because our manager tells us off for it regularly (i.e. after a couple of minutes, never mind hours!) The advice I need is this: If an employee tells their line manager and one of the owners of the company that they do not have any work to do for lengthy periods of time every day (proving they want to work!), can the employer punish me for browsing the web etc. especially when everyone else on the team does it and the manager has known for months? This company has standard policies about web usage but our manager has set the precedent by allowing it for so long. The example they gave of 'sit and chat' is ridiculous because that would be worse and here's why: The investigator had been given (false) information that on a particular shift I had not dealt with a user effectively as a result of doing my coursework. This was inaccurate, I had actually put more effort into trying to get it resolved than any of my colleagues would have, it just happens that I missed what the issue was. There was only one other colleague working that day and we'd had a falling out. Clearly he has lied about me. Yet, this same colleague kept leaving his desk to go and chat with people and actually packed up all of his things 40 minutes before the end of his shift and went to have a gossip with some staff. I completed more than twice the amount of work that he did on that shift. By being away from his desk, he wasn't available to take calls and wasn't available to deal with any issues yet I was because I was staring at my screen writing up an essay. So, who was the more productive employee that day? What employer would really prefer an employee to sit and chat, over educating themselves? I'm shortly speaking to Citizens Advice as I cannot believe that there is any legal justification for refusing to give someone work to do for so many hours but then complain when they read...or type an essay. Especially when the alternative that they suggest is actually worse. I'd also like to point out that when my manager was told about others doing similar things, he did nothing about it. Doesn't my employer have a responsibility to treat me equally and fairly? If anyone has any comments or suggestions, I'd appreciate them.
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