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  1. Hello all I need some help I work as a HGV driver for a large supermarket for the last 12 years and up to now never had a problem but the last year I had a load of personal issues. my Dad died over a year ago and now my mum died a year later I also split from my wife and my daughters wont talk to me as they took her side I now live alone. and been feeling very depressed last week I went to work and my mind was not on the job and had a small accident at one of our stores no third party was involved I went back to the yard and said anything due to my mind not being right I went home and forgot all about it when I went in the next day I was told I was under investigation I told them that I was very sorry and told my union guy what has been happening after answering questions all night I was told that there will be a disciplinary hearing and I will be on a gross misconduct for not reporting an accident after this my union told the manager that I should be suspended as he did not thing I was in the right frame of mind to do the job but he said no there is anything wrong with him so I was told to go and see my doctor by my union my doctor disagreed with my manager and put me on anti depressing tablets said I was unfit to drive a HGV due my state of mind and want me to see a specialist in hospital she put me off work for a month I wonder if this will now work against me I asked the doctor this and she said my manager is not a medical men and he cannot make that decision. am I doing the right thing following the doctor advice as I dont want to lose my job
  2. Hi, just wondering if anyone can give us some information regarding this. My son started work at a local company 7 months ago, he was initially told he was on a one month trial then that was extended to three months then he was told he had the Job. Everything has been going well, its his first full time job since leaving uni and he loved going to work, loved the job and not had any problems until a couple of days ago, the company had an internal auditor in and my son gave him the sheet to sign in and the internal questionnaire, after the fellow left reception my son noticed he hadn't put hi name on the questionnaire (he had put his name and signature on the first sheet but failed to do this on the questionnaire although he had filled in the tick boxes), being a bit naïve my son printed the fellows name and put a squiggle where the mans signature should be, he didn't attempt to copy the man original sig from the first sheet - it was just a scribble as he thought he was doing no harm and was helping out. An hour later the guy asked to see the paperwork and this is where it all kicked off, he said that he didn't sign the secon sheet - my son went to the bosses office and explained what had happened and immediately he was told that there was only one route it could go and that was gross misconduct, he was given the information in a letter the same day and was told the disciplinary would be the following day and the gross misconduct was for forgery??. My son came home and honestly I have never seen him so upset, its like the bottom has fallen out of his world, he thought he was helping someone out and then all this kicks off, immediately I said to my wife he is being railroaded (all seemed too quick). He attended the disciplinary and told the truth but was told they couldn't make a decision and he was suspended until the following day (Today) and he had to go back at 1pm - he went in at 1pm and was told he was dismissed with immediate effect but the manager who chaired the disciplinary came out after the meeting and said he should appeal as he thought he should have been given a warning but not dismissed. Any help regarding this is appreciated, he doesn't really want to go back to work there now he is thinking of going go back to uni and study for a masters but he wants the gross misconduct off his employment record, what can he do? Thanks,
  3. Hi, I have been suspended from work recently due to suspected gross misconduct. My employment contract expired on 30th of August 2013 and since then I have not been given any written agreement of further extension of my contract. I have been working for two months without contract and getting paid. In August 2013 when I asked my employer to give me a permanent contract then the only thing he mentioned verbally to me was he can extend my contract for another 6 months. But it was only a verbal communication and he has never given me any proof of contract since then. Can my employer still suspend me for the suspected gross misconduct if no contract has been signed or issued? Thanks
  4. Hi I really need some help, I have been accused of falsifying records which as far as Im concerned is a false allegation and am currently suspended on full pay. From the start the suspending manager said I wasn't competent to practice now is this a form of bias even before investigation? Also does anyone know how I can prove I haven't falsified documentation because its going to end up a he says/she says thing. Im in a mess beacuse all this was so unexpected and I wasnt aware of any concerns in work prior to this.
  5. I work for a company that provides civil enforcement to local authorities (parking wardens). Last week I was suspended pending an investigation into an allegation of gross misconduct on my behalf, I have yet to hear the outcome or any further action but am obviously concerned that I may lose my job and I'm looking for some advice should that happen. The situation is: I drive to work and I often park in bays which cannot be enforced due to problems with bay markings or signage - so I'm parking without paying because I know I can't be given a parking fine. I'm a supervisor and the wardens that work for me have, on 4 separate occasions since last October, given my car a parking fine when I've been parked in one of these unenforceable bays, essentially making an error on their part. On one of these occasions I appealed against the ticket through the normal process and finally heard back after 4 months to confirm it would be cancelled. On two other occasions I was informed by one warden that another warden had given a fine to my car I advised them to remove the ticket and cancel it, as it was invalid. On the final occasion I discovered a ticket on my car at the end of my day the following morning I spoke to the warden that had issued it and arranged for it to be cancelled also. The allegation is that I have cancelled these fines to avoid paying them, which is untrue as they were all unenforceable bays and they would have been cancelled on appeal, but as I mentioned it takes 4 months to get an answer on an appeal. Aside from the time period involved, we as a company are penalised if we issue too many invalid tickets and can incur a financial penalty from the council if we don't meet our KPI in this area. This is the reason why I arranged for them to be cancelled. They are saying that my actions could bring the company into disrepute and although I don't believe I've done anything wrong I am concerned that they may still decide to dismiss me and I wondered if anyone might be able to advise me if I would have grounds to go to an employment tribunal or how I should go about it? Many thanks in advance for any advice.
  6. Hi all, I am after some advice on how to help my daughter, she has been found guilty of a gross misconduct charge, she works in a well known retail store, 6 hours on a Sunday. During a discount week she was shopping with her aunt and went to the store where she works. Her Aunt wanted to purchase some goods and the cashier suggested my daughter uses her staff discount card also (the transaction was authorized by a manager). A few weeks later my daughter was told she was being investigated, and subsequently given an 12 month final written warning for gross misconduct. She has just turned 18, never been in trouble and always punctual etc, and it seems like they want her to leave so that they can employ younger staff, cheaper (i may be looking in to it too deeply). We are now able to appeal and would like some advice of how to approach it?
  7. Ahh where do I start its not me its hubby. Hes lived in work recently done 60-70hours a week, wage budgets been cut, hes been busy and under lot pressure. month ago he had rather embaressing incident in work. his trousers split when he was in his office. He works for retailer so asked member of staff to fetch something in his size as he couldent leave the office. His company provides tops but employees expected to purchse their own bottoms. he fully intended to pay for the bottoms but got caught up in day and forgot. If he had been reminded he would have paid intention was not there. hes amazing employment record no history. hes in high ranking position area responsability. hes senior manger who up until this week was golden boy. Hes turned store around hes was brought into trouble shoot so he has ****ed off few staff I dare say. Someones reported hi as he had 2ays off and area manager was there. They then had chat in office in private between them. where he was quizzed. he admitted he took trousers and intended to pay but dident he was very sorry would pay for them there and then, The manager then said they had cctv footage of him wearing the trousers. They been through his purchase history and can find no record of payment they said that after he admitted he tecnnically did steal but there was no intent to steal But basically he has acidentally stolen the work trousers. hes been given letter hes suspended on full pay pending further investigation, But seems to me like that they done all investigation. ie member of staff who reported it cct footage head ofice checking his purchases interveiw between him and area manager next guess would be he intereviw other staff in store ad get wtness statemnets what other investigaton can there be? his line manager said don;t do anything too hasty/stupid it may go disiplinary or maybe be come back to work. But hes not disputing he took them hes disputing the intent. hes convinced will go disiplinary gross misconduct theft he reckons be end next week-hubby that is. as they have to write to him then give him 48hours notice. payday next week so he reckons they do it by then as he reckons it wont drag on. hes shown remorse over genuine mistake which now ruin his career. he had phone confiscated told collect few things, contact no staff and escorted off premises. he came back so upset said what you doing home early. he showed me letter. hes in bits its the not knowing. hes been with company year half so less 2years so think they can just fire him without appeal. the appeak wll go to hr and another area manager who doesnt know him. hes conviced he get fired. ok questions are what mitigataing circumstances can he make will it make a diffrence.. in his old company something siilar happened with another manger he knew and he claimed stress and got final written not sack. is he better off quitting tahn being sacked? dont think he can claim jsa if quit. its the not knowing we cant claim any benefits as hes still employed. hes updated cv applied for some jobs but could take months also looked into agency work hes worried sick really worried about him. any advice greatfully received, even if by some miracle he stays he then has bit longer to look as cant see how he stay in comony now as their be breech trust and damage to his reputation. feel so upset and sick myself.
  8. My wife dismissed for gross misconduct. I worked for her company for 4 months under a “security document” (NDA) during the course of my work I asked my wife to provided the title fields to a spreadsheet (not any content) for a call logging system her company use with a view to making into a sql database. During the course of my work with her company we had only sent each other about 10 emails all of which where personal along the lines of “can you collect the children”, having completed my remit at the end of May and handed off the project my wife retuned home from work last week (Aug) with a disciplinary hearing notice for “breach of security” and releasing information into the public domain i.e. me. The Company are saying that the information was confidential and not in the public domain until she breached the security policy. The field headings are all over the internet for their business profession OK all be it not in the same order. They have stated in the dismissal letter that they have concerns that other confidential information is being passed verbally. She already worked for the company when they actively pursed me to come in on a sub contractor basis in the full knowledge that we were husband and wife, this was never raised as an issue nor were any protocols or procedures put into place for this. As she does not meet the 2 year qualifying period to be able to bring an unfair dismissal case the company obviously feel that they will never have to justify their actions and can be as unreasonable as they wish and destroy her chances of every getting another job with a gross misconduct charge on her employment record as well as some extremely dodgy witness statements which can easily be refuted with correspondence emailed from the Company Directors which proves that they have distorted the facts. Wife has been employed just 12 months Only title fields sent in email Both signed under company security document Yes we have come to the conclusions that they wish to severe all association between ourselves and the company, they have a rather over zealous IT guy who has obviously a grudge to bear with me. Any body have ideas on a course of action here please
  9. Hi I hope someone can help, I am attending a disciplinary hearing on Monday for an action at work that I fully admit to. The issue itself would have just resulted in a Final Verbal warning but for the fact that I failed to disclose at the initial factfind that I had done the action more than once. So I am looking at Gross Misconduct for dishonesty. (NB I am not able to discuss actual details due to restrictions placaed on me for my suspension) Now the omission was not intentional, I know it seems that way, it's just that when I was in the factfinding meeting I was concentrating on dealing with what was in front of me and it totally slipped my mind, I was dealing with the here and now. To be honest I often find that if I am concentrating on one thing some of the other things I have said I am going to deal with go straight out of my head. I often find myself writing things down to remind me. Recalling the fact find and reading the minutes that have been provided I can't recall actually been asked directly whether there any other instances and can't find any reference to it in the inital fact find. I feel that if I have been directly asked it would have jogged my memory and I would have told them about it, as I feel that in those situations it's always bet to be honest and I wouldn't have ended up in this situation. Has anyone any ideas on how to phrase this in my hearing as well as expressing regret and remorse for the initial incident?
  10. Hi all, Im after some advice. My wife has just come home from her job as a hairdresser and has just informed me she has been sacked. The reason for sacking was apparently she has turned clients away who have rang up to book an appointment. She says the only times she has turned clients away is when all bookings are full or during her scheduled lunch break which I would say is acceptable. How can you tend to a client when your either busy with another one or on your lunch break. The owner of the hairdressers has gone on holiday today and instructed the next in charge to see my wife and tell her she is sacked without notice, he says this is grounds for gross misconduct. They apparently have proof but only the owner has it?? Firstly how can you prove that unless the phone calls are recorded?? My wife wasn't given any chance of defending herself and was told only at the end of her work day and not to come back on Monday and all paperwork would be done when the owner has finished his week long holiday. My wife has been employed by them since July last year and as such hasn't completed 2 years service which needs to be done for an employment tribunal. And has pestered them for a contract which still doesn't have. How can the alleged offence be classed as gross misconduct and how can they not allow her to see the 'evidence' which they say they have?? Obviously will be contacting acas and citizens advice on Monday Any advice will be greatly received. Thank you
  11. Hi A friend stayed behind at work for 15 minutes after everyone else left as she got behind. Its a seasonal shop and had been deployed to other shops in the past month as they were struggling. This, and many other issues, resulted in her being behind herself. To make up time she remained behind alone for 15 minutes but told a colleague and this colleague reported her as its against company policy to be on your own. NO goods or money has been taken but due to health and safety issues she was suspended. She is salary paid so had no personal gain, was just worrying about wastage, cashing up etc so stayed that bit longer. She was told in her meeting that shes no risk to the company and was sent back to work the following day to report to a disciplinary hearing 2 days later. At this she was given a final warning letter and was advised it was gross misconduct due to health and safety. She has her managerial position still but is going to appeal as she has worked for 15 years and never set a foot wrong before. She admitted the charge against her as she didnt think it would result in this as she was trying to keep up with her job. Shes asked her manager for support but recieved none and this wasnt allowed to be used in the meeting as apparantly thats a separate issue. But her union rep advised her to lean on this as she wouldnt have been in this position if she had the help she asked for as the stores taken a lot more money but no extra staff or overtime. Does this deserve that kind of punishment as nothings missing etc or is it, like i seem to think, extremely harsh? Thank you
  12. I have been suspended for gross misconduct and am awaiting the disciplinary meeting which is tomorrow 15/03 i know is short notice. I have had a investigation in which notes were taken but at the end of the meeting i wasnt given the chance to read the notes or sign that i agreed that they were a true reflection of what happened My question is this.Is this allowed as the first time i saw the notes were when i received the letter laying out what would happen at the disciplinary?? Many thanks pete
  13. Hi all I am new to this so please be gentle. My name is Reece and I have a situation that would benefit from your input. Just over 5 years ago I put in a bullying and harassment grievance against my manager and her two senior assistants. I was a nursing assistant for 5 years and had over 3 years of evidence as well as documented witnesses. I was moved to a temporary unit while the investigation was taking place. A year and a half later I dismissed for gross misconduct for holding a clients money in order to save him money by buying clothes from a legal well known online retailer with up to 70% savings. This was discussed with staff who agreed and the money I received could only be signed out by a qualified nurse who always needed to know what the money was for and account for it as they were the only ones with keys to the safe and had to sign for it. Everyone denied any knowledge and I was dismissed and my grievance disappeared. No police were called or mentioned. I applied and got into university to become a registered nurse. I am in my 3rd semester in the same trust I was dismissed from but had no problems until recently when the Lady who dealt with (or rather didn't), my grievance called the unit with which I was on placement and told me to leave the site and not come back. Placements are key to me passing my degree and getting my registration and I have worked through obstacles for over 8 years to get to study for the filed that I am s passionate about. I have also been working with vulnerable adults voluntarily for over 3 years and have not had any complaints or problems before or since my dismissal. Am I entitled to study to become a nurse? Could or would I be able to do my placements in another trust? Do I have any options? Any feedback (good or bad), would be greatly appreciated as all I want to do is educate myself further. Kind regards Reece
  14. Hi all, A month ago I was suspended on full pay following allegations made against me that I had consumed alcohol in a service user house and that I had asked to borrow money (none of which are true, and still neither have been proven) I have vigorously denied the allegations made against me, the two individuals who made the original comments are heavy alcoholics and often mistake their facts. I had to represent myself at my disciplinary hearing because my payment to my union (GMB) had bounced and they told me that this had rendered my membership void. I had not had the opportunity to review the notes prior to my disciplinary hearing but was presented with documentation, minutes and interview notes to review prior to the hearing. The hearing lasted for an hour and I was asked to explain the foundation of the allegations, which I did, and I had proof that none of them were true. Upon further investigation prior to my disciplinary hearing, one service user withdrew the allegations against me. Upon my return home I had chance to review the pre-disciplinary minutes my employers had sent me. They had omitted the original incident reports from the notes I had been given at the meeting, one of the allegations was reported at the beginning of March but my employers had not acted on it because the manager who received the original report had left the company, so I worked on site for a month before the allegations were investigated. Today I received a voicemail from my company's regional manager informing me that I have been dismissed for gross misconduct. I feel like I have been totally stiched up. I am stunned, and maintain my innocence. Will this show up on my CRB? I have a lot of questions to ask my employers but I don't really want to contact them without sufficient representation first. Any assistance regarding this matter would be greatly appreciated.
  15. Hello, I'm new here, and this seemed like the right place to post the topic. I need some advice. I'll try to put as much detail as possible. I work for a retail company in a department store. I've been there for almost exactly one year with no problems. However, I've been called to a disciplinary hearing this Monday. It is concerning an apparent fraudulent filling in of timesheets. The signing-in sheet and the timesheets I sent off to my manager show an apparent discrepancy. The discrepancy almost resulted in me being overpaid by £50 in the past three weeks, though I've informed payroll that they can deduct it from my wages, which they have done. Looking at the evidence presented to me, it seems that it was an honest mistake on my part, as my working hours changed a month ago, and this required a change of procedure I wasn't informed about. It was my first job using a hard timesheet, so I didn't have prior knowledge of how to fill them in. I would argue that I wasn't properly trained at the start of the job, as my training consisted of an informal store tour that lasted 90 minutes and didn't cover the signing-in sheet. I wasn't asked to sign anything signifying that I'd had adequate training. Also, I don't have access to the staff handbook; I was asked to return the single copy sent to me with my contract, so I had no copy to keep, and the digital copy on the company's computer system is inaccessible due to a technical issues. It has always been inaccessible despite my informing two managers of the problem. So, I've made a list of potentially mitigating points that could work in my favour; - I wasn't properly trained: My training consisted of 90 minutes one Saturday, and was essentially an informal tour of the store. - I've shown only the best of intentions in the past; I've consistently produced some of the best sales figures in the store's history, and I've offered to sacrifice my banked holiday without taking it because the company was having trouble finding cover for me. - I don't have access to the staff handbook; I was asked to return the lone copy sent to me, and the digital version is inaccessible from the store computer, despite my informing two managers of the problem. - I was happy to pay back the £50 Bearing in mind there was no malice or dishonest intent on my part, my willingness to repay the sum overpaid, and my exemplary record, how do you think this will pan out? Also, could this go to court? And should this go to court, how do you think their case would hold up? Any advice would be appreciated.
  16. I am looking for an impartial view on a situation my fiancee is in. Hopefully I can help put her mind at ease as she is in pieces. Anna is being investigated for potential gross misconduct for sharing a username and password. She sent a website link to a colleague but unknowingly this link included her expired username and password for a third party credit reference agency (access is revoked after 28 days inactivity). Anna had never used the details due to a recent promotion and on original receipt of the access sent an email to her IT support to have her access transferred to a colleague. IT set her colleague up with her own username and password which have only been accessed by that colleague. No customer information was ever exposed as Anna's access was decommissioned. The investigating officer of her employer has confirmed the details were never used but she is worried that even though this is the case the access details (even though decommissioned) were passed on by mistake... Sharing of a username and or password is warrant for gross misconduct in the employee handbook... Your thought's would be appreciated.
  17. Afternoon guys Righty just after some advise or re assurance I have been working for a company driving/escorting prisoners for 7 years until valentines day I was suspended for an investigation to take place, the company done me for gross misconduct 2 weeks later and I have jut had my appeal date through which is on the 28th. Anyhow quick details so you can advise Given a route which had a female prisoner to be collected and I as a male was on the back on the vehicle, during my training we were told that males should not sit in back with females so ive never done this, I questioned the route with my boss who said to me to either do the route or go home, he also stated that a new memo from the home office had come out stating males can transport females now so I asked to see the new memo as an employee I/we have the right to see these yeah? anyhow I was not shown this memo so I took the option of going home. I sent an email to HR and asked for them to send me the company SOP (standard operators procedure) for transporting a female and the SOP does not mention anything about a male being able to transport a female prisoner so what do you think my chances are? The manager who took my meeting who then sacked me could not give me an answer to the SOP and said I ask far to many questions to my managers. Look forward to any points Thanks Pete
  18. Hi. I was suspended today for using abusive/derogatory comments on social media site. Comments that may have been offensive, violent language. And that I have allegedly breach the communication policy. There are various screen shots of these comments which were taken from my profile when it was temporarily made public. My profile is anonymous, does not name me. Nor do I mention the company I work for or name my colleagues. Someone has trawled through my account - as far as 10 months - and taken screen shots. I had blocked everyone from work and it appears from the screen shots that someone I work with has used an alias email account to befriend me and then take these screen shots. There are approx 50 "comments" going back as far as March. A lot of these are part of conversations and as a stand alone comment are harmless and none offensive. Put together they don't look good. I've never been in any kind of trouble before and I'm really concerned. How do I approach the investigatory meeting I'm required to attend in the morning? I'm scared of saying something wrong that may make things worse. I'm currently under a lot of stress at home, as well as with the office politics (that are referred to in the screen shots), I don't know how to handle this as well. I'm posting this on my phone so hope it makes sense.
  19. Hi Looking for advice for a family member that was dismmised for gross misconduct on Friday. He works in a retail shop and has done for 10 years no previous blemishes on work record. He was asked by area manager to re-locate to another store in order to help out in the run up to xmas, the manager at this store has history with my family member and the area manager knows this history, against his better judgement he agreed as he thought declining this offer may jepodize his future career prospects. He had been at the new store 2 weeks and had already encountered several issues with the manager, he did seek out advice from his previous manager after only 4 days. Anyway, he aattended the store one morning 6.30am to find a chiller cabinet was faulty after attempting to fix the fault he was unable to so he felt he had no option but to destroy the contents, he documented fully what was wasted. His manager attended work and reported him for not following procedure, he was suspended whilst investigation took place. He attended disciplinary on friday and was sacked! They state he dhould have used a manual probe to check temperature of products even though on feel alone they were warm and soft. He mitigated that he had not be shown where this was kept or infact had any kind of induction to the store but it was felt it was gross misconduct as the amount of wastage was £2000. He did state that he attempted to call the area manager (whose phone was not working) and the company helpline (no answer) this was felt as not relevant? H was also not given security codes for the store and alarm systems on chiller caninets as the store manager did not want him to have them, even though he was responsible for opening and locking the store, he was given someone esles codes to use? Does he have grounds for appeal, any advice welcomed? Thanks in advance
  20. I am due to attend a disciplinary hearing April 2nd for potential Gross Misconduct. I have recieved the documents my employer is going to present as evidence but one of statements from another employee are incorrect, One says I knew he was claiming hours when he hadnt worked them which is incorrect How can I correct this -
  21. Hi,new onto this site so unsure if this post is in the correct catogory. I was sacked on 29th jan for gross misconduct,have appealed against this and have a hearing this week,but the company does not revoke original decisions based on history of events. There evidence is thin to say the least,wanted some advice on how the tribunal system works,i`m in a union but will be unable to pay them come this month i have no money left. also some advice on if its correct regarding having to wait 26 weeks for any assistance ie jsa. many thanks in advance
  22. Hi, I'm obviously trying to go through other channels but really would appreciate some advice from anyone who can help. Up until recently I was a Police officer (PC) - This does not mean I know every bit of the law inside out and certainly not employment law. I've recently been dismissed at a misconduct hearing after admitting gross misconduct. I feel I have grounds for appeal but It's been indicated to me that due to the fact that I admitted gross misconduct, I now CAN'T appeal the sanction of dismissal to the Police appeals tribunal. IS THIS CORRECT??? I've copied below a part exert from the Police appeals tribunal rules 2008 - The bit in red is what I'm interested in because there is a part where it says 'A police officer may not appeal to a tribunal against the finding referred to in paragraph(2)(a), (b) or © where that finding was made following acceptance by the officer that his conduct amounted to misconduct or gross misconduct (as the case may be). The bit in red lists 3 circumstances (the grounds for appeal under this rule are) 1. where the sanction was unfair, 2 new evidence has come to light or 3 a breach of procedures - I believe that the sanction was unfair and also that there was a breach of process so my question is .. CAN I APPEAL THE SANCTION on those 2 grounds even after admitting gross misconduct??? Circumstances in which a police officer may appeal to a tribunal 4. —(1) Subject to paragraph (3), a police officer to whom paragraph (2) applies may appeal to a tribunal in reliance on one or more of the grounds of appeal referred to in paragraph (4) against— (a) the finding referred to in paragraph (2)(a), (b) or © made under the Conduct Regulations; or (b) the disciplinary action, if any, imposed under the Conduct Regulations in consequence of that finding, or both. (2) This paragraph applies to— (a) an officer other than a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct hearing; or (b) a senior officer against whom a finding of misconduct or gross misconduct has been made at a misconduct meeting or a misconduct hearing; or © an officer against whom a finding of gross misconduct has been made at a special case hearing. (3) A police officer may not appeal to a tribunal against the finding referred to in paragraph (2)(a), (b) or © where that finding was made following acceptance by the officer that his conduct amounted to misconduct or gross misconduct (as the case may be). (4) The grounds of appeal under this rule are— (a) that the finding or disciplinary action imposed was unreasonable; or (b) that there is evidence that could not reasonably have been considered at the original hearing which could have materially affected the finding or decision on disciplinary action; or © that there was a breach of the procedures set out in the Conduct Regulations, the Police (Complaints and Misconduct) Regulations 2004( a), Schedule 3 to the Police Reform Act 2002( b) or other unfairness which could have materially affected the finding or decision on disciplinary action. THANKYOU very much for taking the time to read this any quick responses would be unbelievably appreciated.
  23. Hi Guys I am new Please could someone point me in the right direction. On Monday 4th Feb I was summarily dismissed from my job as I attended a christening the day before and when I went to work the following day my supervisor could still smell drink on me I was then asked to leave the premisies and a investigation would take place. My employer collated their information which included 3 statements from collegues stating that I was still drunk on the morning after the christening. Yes I do admit that I had a drink or two but in the past I have gone into work much worse. I have appealed to my employers decision and my appeal date is next week. Anyone have any ideas or thoughts as to what I can say to defend myself? I have been employed by this company for over 10 years. Any advice please
  24. My partner is currently suspended from work due to apparent gross misconduct. His letter of suspension says that he has seriously breached health and safety at work and bought the company name into disrepute. To breach health and safety, he hooked his feet on a metal bar and hung upside down and had a photo taken of him and uploaded onto facebook, whilst wearing his work uniform. However, his company name is no-where to be seen on the uniform - just looks like general hi-vis wear. AND this occurred on his break which is classed as UNPAID and the employees OWN TIME. What are the chances of him being dismissed? If he is dismissed, what are the chances of taking this to tribunal? Thanks.
  25. I need help/advice please. BACKGROUND - Line Manager has been bullying me for a good few years. I have logs of dates and what the bullying amounts to but as I feel like an outsider despite the number of years of employment (large company) I have never taken out a grievance. Earlier this year I had a mental breakdown and was signed off work for a few months, breakdown caused by health problems, finances and work related issues (see above). On my rerturn to work I have been widely ignored by manager and some colleagues, have seen them whispering about me (looking at me whilst whispering), and im pretty certain manager has breached my confidentiality regards my 'issues' as a colleague tried to engage me in conversation hinting at my 'issue'. I am currently under the community mental ealth team, have had a work assessment by company doctor etc. I am currently suspended on full pay pending investigation of gross misconduct inc security breach. Basically someone i know posted on a SM website about the bullying ive endured and i added a throwaway comment of what turned into a jokey 'thread' on the site saying i could allow them access to do something. Which I have not. Colleague fell out with another i am friendly with and attempted to get her into trouble, when this failed she obviously knew who i was (i dont use my real name) by conversations on the site between my & the friendly colleague and set about reading my posts and subsequently the conversation/thread mentioned above. This is assumption on my part that she did this but it makes sense and as yet I do not know the actual evidence but putting two and two together it appears I am right about my comment on the site being the issue. I have not named names or the company name. I am completely anonymous on the site. I belong to the union. I have not felt them to be very helpful, ive spent all my time on suspension reading employment law etc without any help or constructive advice from them. I have compiled a large file of information including other colleagues posts on the site that are far worse than what I said in respect of work. I also have a large document bulleting each point and also details of the bullyig I have received from my manager (who has no managerial skills what so ever). I am so tired and down in the dumps it is affecting my already fragile mood. I spoke to a very helpful person at ACAS who gave me far more information than my union representative. After mentioning I had spoke to them my representative has told me that if I continue to ask for advice outside the union they might decide not to represent me. Is this right? Surely I can seek advice from wherever I see fit? What do I do at my interview? Do I go in all guns blazing? Present them with everything which could bring down quite a few colleagues or save that should the matter go further? Do I admit to anything and hold my hands up? Do I present them with and take out a bullying greivance against my manager? All this I feel I should have been advised on but I haven't and I feel like I am going it alone. Aside from a 30 minute get together before the interview with the representative I feel I am the only one who has prepared for this. Im stressed out, not eating, my hairs falling out, lost weight and going further on a downer. I have not gone against any codes of conduct as far as I can see. Aside from a silly comment that someone with an issue has taken time to trawl and find on a website with the intention of getting me into trouble. Its so pathetic its like working in a playground. I keep my head down and get on with it when im there but now it as come to this part of me wants to be indictive as possible and bring them down with me. Hope that all kind of makes sense and thanks in advance for any help and advice.
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