Disciplinary Hearing and Occupational Health

[Imploded13]

I am off work and attended an initial investigatory meeting some time ago at which stage my employers called in Occupational Health.

 

I have been receiving treatment for severe anxiety and depression under the care of a Psychiatrist and Clinical Psychologist through my private medical insurance.

 

I had a medical with Occupational Health in April who interpreted that I was not fit to attend a hearing. I have been having suicidal ideation.

 

I gave my consent for my Medical team to provide any medical reports to OH, however as at May they still didn't think I was fit to attend a hearing.

 

It is a Catch 22, as I am agitated and hanging in there, but the waiting is not helpful. The only plus point is that I am still getting paid and my medical treatment is too.

 

Has anyone any experience here. It cannot go on indefinately.

 

I'm sure my employers are covering themselves.

[prushton]

why are you being disciplined? is it for your sick record ?

[Imploded13]

Gross misconduct. I admitted what I have done, there was no denial of my guilt.

 

My medical Team have concerns about my mental state and continue to have treatment.

 

Not sure my head will be sorted until this is moved on.

[Imploded13]

My medical report submitted to the Bank confirms what I did was in all probability stress related.

 

Theres a painful lesson here, if you are in trouble, get professional help. I directed my anger and resentment at my employers [not a good move].

 

They are probably waiting for me to get better before throwing the book at me.

[prushton]

if its not too personal what did you do that they said was gross misconduct? for something to be classed as gross misconduct it must have been intentional, IE things like theft , mis- appropriation of company funds, false expenses claims are all examples of gross misconduct.

[davjoh]

It would be most helpful if you could indicate the precise nature of the charges your employer has broght against you. Additionally, could you answer the following questions:

 

1. Have you yet made an admission of guilt? If so, have you stated you feel that your disability was a contributing factor to your action/inaction?

 

2. Are you represented by a trade union?

 

 

If you have a disability under the DDA, which at first look at the information provided this is likely to be the case, your employer must not, amongst other things, provide less favourable treatment for a reason relating to your disability. You may therefore have an argument that in instituting any disciplinary punishment they would be treating you less favourably, if it is your position that your disability contributed to your actions. There is a statutory defence that the less favourable treatment is reasonable in the circumstances. Allow me to give a circumstancial example:

 

A has comitted an act of violence against B, his manager, whilst at work. When disciplinary charges are brought it transpires that A is suffering from a psychotic disorder, and committed the attack as a result of a command hallucination. A is summarily dismissed.

 

The employer could argue that the dismissal was reasonable in the circumstances because there is a risk of the violence recurring. This defence however may fail under certain circumstances. If A could show that his psychosis is controlled by medication, it would perhaps be reasonable to require A to take medication under medical supervision and for his employer to have active involvement in planning of emergency treatment contingencies. This would overcome the risk of violence due to disability, this meaning that dismissal on a safety ground is not appropriate. It would also be less favourable treatment to discipline on a punishment basis.

 

Once I know a little better the circumstances, I can provide further information.

[Imploded13]

Embezzlement and yes I am represented by a Trade Union.

What I did was wrong and I have admitted the same and my personal failings at the initial investigatory hearing, although what I did not feel wrong at the time. I lost both my parents through cancer in recent years and my office lost 70% of its staff through redundancy. I withheld my emotions and did not deal with bullying by management assertively [who incidently ruled by fear given the lack of resources through cutbacks]. There were staff off with stress related illnesses but I soldiered on [my downfall, when I probably needed professional help / support]. If I had received support from my employers this probably would not have happened as I had money following the death of my parents. I was working 20 hours plus unpaid over time per week just to try and cope with my workloads. Basically 2 hours at the office and took work home to do in the evening. Perhaps subconsciously my mind felt what I was doing was justified. But theft is theft and a crime. The police are not yet involved.

Painful lesson, as I should have resigned although when you have been with a Company for 20 years that is not always easy.

I don't know yet whether I will be prosecuted as we have yet to agree on what I need to pay back. Matters are on hold since Occupational Health got involved. Returning the monies is not a problem, although a prosecution will be. This has already gone on 3 months. My strength ended up being my weakness.

It is difficult proving something like this falls under the DDA, what I did is too severe and absolutely stupid and I did not consider the consequences of my actions at all.

Edited June 8, 2008 by Imploded13

[Imploded13]

My Union Rep is proving more difficult to get hold of, I guess he is very busy. I was trying to get some sort of update on the case. If there is a positive my treatment and salary is still being paid although that will end soon. Difficult to move on.

Edited June 9, 2008 by Imploded13

[Imploded13]

My Union Rep now says this is unlikely to be reviewed by Occupational Health until July or August now as they still do not feel I am fit to attend a disciplinary hearing.