gross misconduct

[caseyd]

hi all,

i'm new to all this but i am desperate for some advice, made a huge error of judgement at work with 4 other collegues but the thing is they were caught and i wasnt, they are resently on suspension and no action has been taken on me,the thing is they have cctv evidence and i was wondering can they call me at any time to proceed with suspension by using this evidence,:confused:they have footage for over a couplr of months, plz help, i would be so grateful,many thanks xxx

[MRSWESTHAM]

Hi ya ,

 

Have they not looked at the CCTV yet?

[caseyd]

they have told the others they have been observing them for a while, but thats all xx

[MRSWESTHAM]

I might be wrong but surely they would have pulled you in now if they had something on you , specially as they have your colleagues? What sort of industry is it in? (DOnt give out too much deatil!)

[caseyd]

retail, big company. the thing is we are short staffed on my section and i was thinking that they are stretching out until staffing problems are sorted, i was just wondering can they pull me in at any point xx

[MRSWESTHAM]

I think they can call you in at any time they liked although there maybe some law stating they should make you aware they are investigating you . There are some really clever peope on this site and Im sure there will be someone coming along and helping you soon. In the mean time Id carry on working (properly !!) and getting the pennies in . I know its really hard but try not to worry- In my opinion (remeber its a blonde , not legal opinion!) I think they would of called you in if they had anything on you

[Danoni]

I've recently been suspended and the prospect of losing my job is making me regret one thing: not putting pennies aside for a rainy day.

 

If you got any feeling at all they might put you on suspension, with a potential outcome of losing your job, start easing back on the ol' expenses because the last thing you'll want in the worst-case-scenario is to end up jobless with no savings.

 

Not really an answer to your problem, but a fair suggestion none-the-less

[yourbank]

I've recently been suspended and the prospect of losing my job is making me regret one thing: not putting pennies aside for a rainy day.

 

If you got any feeling at all they might put you on suspension, with a potential outcome of losing your job, start easing back on the ol' expenses because the last thing you'll want in the worst-case-scenario is to end up jobless with no savings.

 

Not really an answer to your problem, but a fair suggestion none-the-less

 

Danoni, in January 2009, I was suspended from work, I had no savings, I knew I was to be sacked and the job market was rubbish. The thing to do now imho, is sort your CV out NOW, register with Recruitment agencies NOW even if it is temporary work. Don't be negative against the old company, simply state you are looking for a change. While you are suspended it will be easier if you have good transferrable skills.

As an aside, I did get sacked/dismissed/the boot and it was over 100 days until I next went back into work. It isn't easy and dismissal isn't great if you worked in the company a long time(for me over 10 years so could hardly skip that bit on the CV ). However, being positive and making people aware that there are no outstanding issues with your former employer helps.

Gross misconduct dismissal is not the end of you getting a job but what doesn't kill ya makes you stronger

[flipper79]

If the footage they used as evidence was the same as was shown to your colleagues, and the reason for disciplinary action was for the same incident, then yes they would have to discipline you at the same time. If they didn't your colleagues could claim that they were treated differently to you if you're allowed to continue working. If it was a number of seperate incidents with different evidence, then unfortunately it would be a case of when they noticed it. As far as I know, once they have any evidence they would have to deal with it straight away. It wouldn't simply be a case of addressing it once any staffing issues have been sorted out. Although, and again I have to use the word unfortunately, it may not be the easiest thing to prove if they are stringing you along at their convenience.

 

Best thing, as hard as it is, would be to follow Mrswesthams advice and try not to worry. Anyway, I hope it all blows over without and problems...well so long as what you did was more a case of being a bit of a scamp than anything too serious

[flipper79]

Also, some great advice form Danoni and yourbank. Put that worry into good use by getting some back up plans in place.

[hitchy1]

Also, some great advice form Danoni and yourbank. Put that worry into good use by getting some back up plans in place.

 

Large companies will have strict policies in place which they must follow to the letter if they dont want to lose tribunal cases on failing to follow procedure.

Standard process would be to investigate and suspend if they felt that they had sufficient reason and evidence ( this should be on full pay)

They will then invite to a disciplinary hearing and you should be allowed representation from a union rep or colleague. If they dismissed you, you would have the right of appeal to the next level of management.

I suggest you get a copy of the company disciplinary policies and read it thoroughly.

Also if you feel they have you bang to rights you can resign before they dismiss you.

Chances are they would have had you by now if the evidence was strong. CCTV doesnt always catch enough to be used as hard evidence, length of time is in your favour. If they do come up with something, make sure you look at it before answering any questions.