Gross Misconduct Advice - URGENT

[Tinkerbell in trouble]

Hi,

 

I have worked for a large corporate company for last 7 years with a clean record and last week having returned from a week holiday found myself being pulled into a meeting room by my boss and our director.

 

I was given no prior warning to this meeting and as the meeting progressed I was advised I was under investigation on the following:

 

- using another company vehicle for approx 10 days

- asking another employee to conduct fraud by booking a hire car for non business reasons.

 

I had been using a different company car to my own on a couple of occassions which has never been deemed as a problem in the past and many company car drivers swap cars for a few weeks or so. Whilst I am aware I probably shouldn't have used this car I was never aware that it could result in this.

 

Likewise during a night out with someone I work with I asked if she thought it would be possible to sort a hire car out to help with being at opposite ends of the country. We never actually went ahead and arranged a hire car and it was left at that.

 

I have been suspended with a hearing on Monday next week and have been sent the "evidence" they have to review.

 

In the first instance the notes they took from the meeting last week are inaccurate and the other evidence is from a couple of colleagues

- 1 a direct report who used to be my boss

- 1 someone from a different office who had nothing to do with anything

- 1 from the girl I asked about the hire car.

 

I feel that the company I work for often do this and after already going through a number of redundancies and resource cuts this is clutching at straws to bully me out.

 

They have no actual proof I was using the other company car other than hearsay or assumption and the conversation was a flippant remark about hire cars outside of work hours.

 

Can they class this as gross misconduct?

 

I have been given 3 working days to go through this to prepare for a hearing on Monday and having not slept since it all came up don't feel strong enough to battle this but am worried if I do not attend or delay it will also be held against me.

 

Also worth mentioning I was also told a number of weeks ago they had a CV in from someone they thought would be ideal for my job and also that if I handed my notice in that all charges would be dropped but they wouldn't pay my notice.

 

Any advice / help would be great!

[lulu64uk]

I would contact the ACAS advice line for confidential advice - and do nothing until you have spoken to them

 

Acas 08457 47 47 47

 

Acas - How can we help?

[diskmandave]

I agree, calling ACAS is absolutely essential at this point.

 

I would also point out that regardless of Union Membership, Section 10

of the Employment Relations Act 1999 allows for a postponement of up

to 5 working days in order to arrange your choice of "accompaniment"

at the meeting, be it a Union/Lay Official or a colleague. Use this wisely

as it will buy you another week to get things more into perspective.

 

- using another company vehicle for approx 10 days

This may cause a problem but it's only Misconduct at the worst.

- asking another employee to conduct fraud by booking a hire car for non business reasons.

It never came to fruition, so for whatever the reason, it never

happened, so how can you have committed fraud?

I think you've got your work cut out here as they do seem to want

to wave goodbye at whatever the cost, so be prepared to put up a fight

and don't give in to being bullied.

 

Please let us know how you progress..

 

Best wishes & good luck, Dave.

Edited October 22, 2008 by diskmandave
silly typo!

[Jimbo44]

Whilst I agree with what's been said above, the thought of possible "Constructive Dismissal" also occurs to me in view of the comments you make right at the end of your initial post.

 

You say "Also worth mentioning I was also told a number of weeks ago they had a CV in from someone they thought would be ideal for my job and also that if I handed my notice in that all charges would be dropped but they wouldn't pay my notice".

 

Having that remark made to you seems to sugest to me that a decison to dismiss you has either already been taken, or certainly seriously discussed at any rate.

 

If I was you would take advantage of the chance to delay the meeting, along the lines suggested by diskmandave, for a week (assuming you are contracted for a five-day-week remember you can ask for a 5 working day postponement) to give you a chance to get advice from not only ACAS, but also the professional advice (or, if you are a member, trade union advice) I would also suggest you seek. Whatever you do though, don't go into a meeting un-accompanied.

 

I strongly suggest you do not attend any meeting unless you are accompanied by either a (trustworthy) colleagus, or a "friend". On the face of it your employer does seem to be treading dangerous water if they are not to face either Constructive Dismissal or Unfair Dismissal allegations against them.

 

I would also question whether the initial "investigation meeting" was fair insofar as you were given no prior warning of it to provide any defence or explanation.

Edited October 22, 2008 by Jimbo44
typo and added sentence

[diskmandave]

I would also question whether the initial "investigation meeting" was

fair insofar as you were given no prior warning of it to provide any defence or explanation.

 

As this is is being quoted as Gross Misconduct and you've been suspended,

the Statutory Dismissal Disciplinary Procedure also applies.

 

This page contains some useful information...

Statutory disciplinary procedures

 

Regards, Dave.

[Tinkerbell in trouble]

Thanks for all the advice it has helped me put some perspective on it all and take some of the emotion out of it all.

 

I have been able to postpone the hearing until Wednesday next week so am trying to get an appointment with the CAB prior to that.

 

The thing I am most worried about is that on the original "investigation" meeting I didn't deny or challenge the accusations they put to me as I was in a state of shock and am now worried this will go against me in the hearing?

 

 

I have also heard today that a further 80+ jobs are now up for redundancy in the business so it sounds as though one way or the other they just want rid of people its fair to say the company I work for has been in the news a lot recently and seems as though its still in a downward spiral.

 

Also in the hearing if I am able to speak to CAB or ACAS am I able to quote that I have sought external advice and detail their thoughts on the action being taken?

 

Thanks