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savemyjob123

gross misconduct at work

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I recently lodged a greivance against my conpany whom I have worked for for 5 months. The greivance came in 3 parts. this thread is relevant to the 2nd & third parts of my grievance. The 2nd was an issue I had with my foreman making comments behind my back to other staff and management, which I found offensive and felt my position was threatened whilst only being on probation, it reflected on my abilities and performance. I complained to mt manager who did nothing and told me to take no notice and then discussed the matter with others. I won my case in this part - my manager was found to be at fault for breaching my confidentiality and since the comments which were made filtered through to my review - it was agreed that this should not have been the case. My manager is now up for disciplinary action. the third part related again to my foreman who I felt that he was singling me out and victimising me and in the way that he spoke to me on site - i felt a case for bullying. The office manager was asked to conduct an investigation. She interviewed several colleagues and found no evidence for bullying and therefore no case to answer.

However this same foreman has, since finding out about my grievance lodged against him, lodged an allegation of gross misconduct against me which the company has to take seriously. Again the office manager is conducting investigations and finding evidence but I have reason to suspect that this foreman is coercing other members of staff under his authority to make statements against me. This I cannot prove and I don't know what people have said yet until I receive copies of statements. What rights have I got against the word of one who has managed to drum up support of others in this serious claim against me? i am not guilty of the offence in question - I havent even been informed of the time and date which this offence is alleged to have taken place. Do I have the right to gather evidence for myself and interview those who have made statements by way of cross examination? How can I prove my innocence. Can I press for taking action against a case of slander or defamation of character? If I am wrongfully accused why should the words of others who have been obviously coerced be believed. I think that they are too afraid to jeopardise their own jobs by disagreeing with the accuser.

If this alledged offence was so serious why was I not reprimanded at the time of the offence why wait until later when he knew I had lodged a grievance against him? It seems to me that the only reason he has done this is in reaction to my actions 'tit for tat' so to speak. But I am backed up into a difficult corner.

the other argument is that had my manager taken notice of me in the first place the matter would not have got this far. Any ideas on where I stabd legally and what I can do to help my case? Are they conducting the matter properly and fairly?

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Have you been suspended?

Have you got any of their evidence?

Do you really want to work for this company?


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Hi thanks for your reply

I have been suspended on full pay, they are conducting investigations, i have not been approached for a statement, I have not been given specific details of the alleged offence - they are going to post me copies of the witness statements early next week together with their findings and then i will have the hearing probably the end of next week.

I feel the case is linked to bullying in the workplace and I am trying to find legislation where I can take action with less than 12 months service also action against them neglecting to protect me from the bullying and refusal to accept that bullying has taken place. they seem obsessed with asking everybody els if they have been bullied, and they all said no so they said there is no evidence. But the fact that it has affected me should have been taken into account. in any case the allegation of gross misconduct was only made after I had submitted a grievance against the accuser ( who happens to be the bully - typical behaviour of a bully is to launch counter action in response.) By the way I will have been the third person to have been sacked as a result of some kind of involvement of this bully. What do you reckon?

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by the way - no i dont really want to work for this company but I am determined to go all the way with this issue - im like a dog with a bone!!!

It's a matter of principle - I detest bullies and all they stand for.

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Thread moved to Employment forums.


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I'm sorry to say I think you're always going to be on a hiding to nothing with less than 12 months service. Which is very unfair in this case since it sounds as if you're being royally stiched up by this guy. The fact is they have investigated the incident of bullying. They've checked with other staff. There's not really any other way they can investigate and if they take your word for it and discipline him then he's going to have the same argument as you have.

 

One thing I do find strange is that you haven't been given much in way of details about the offence. If they're carrying out an investigation usually they'd ask for a statement to get the facts as you understand it, although that could depend on the nature of the claims.

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i have my gross misconduct disciplinary hearing on friday 24th July at 3.30pm. To date I have not received copies of the statements or any allegation details. I have a UCATT representative to accompany me. I understand that I have a case for Constructive dismissal on the grounds of whistleblowing and breach of procedure even though I have less than 12 months service. The accusation is that i was supposed to be smoking whilst operating an excavator on a national grid gas site. However they have not said when or where exactly the location was - in addition if I was at fault committing such a dangerous health and safety contravention (ie risk of fire/explosion) why did nobody reprimand me at the time including the national grid gas site agent in charge of the operation and why was i not removed from site. Indeed nobody at any time has approached me for this reason. I have always smoked at the allocated smoking point outside the gas compound itself. Moreover - I only received news of the allegation almost a week after lodging my original greivance. It is an obvious case of whistle-blowing.

Also, by the way - I received a letter with the outcome of my grievance which stated that my complaint of bullying was not upheld because after interviewing all concerned ' everybody said that he treats everybody in the same way and I was not singled out in particular' meaning he shouts and bawls at everybody and talks to them like rubbish all the time' which in itself is an admission there there is at least eveidence of unacceptable behaviour which could lead to bullying and ayt least affected the target/victim in some way and caused distress whether intentional or not. So I am going to appeal. I will let you know - meanwhile any thoughts and advice would be appreciated.

thanks.

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