Disciplinary Hearing Tomorrow - Please help!

[J12345678]

I am being brought on a gross misconduct charge for absence.

 

I requested some leave from work, they denied it, and later i was signed off sick by a doctor, they are claiming foul play, but there truely was none

 

I have already had an investigation meeting, in the notes from this meeting that were published 3 weeks late, an accusation was added, which was not mentioned during the meeting, claiming i had said to my manager "i was going to get myself signed of sick". This is a total fabrication and i contested that it was false and also should not be in the minutes as was not raised in the meeting.

 

It turns out also that this allegation is being made by my manager, the person who chaired the investigation meeting!

 

I have my final disciplinary tomorrow, and i am sure they are determined to fire me at all costs (there are lots of redundacnies at the moment). I want to mention this conflict of interest as it is clearly wrong and makes the case bias

 

However could this mean they just re do the meeting properly and sack me anyway. Would i maybe best not mentioning it so it can be brought up at a tribunal as unfair and biased

 

Please help, need some advice as the hearing is in the morning!!

 

Thanks

[Bigredbus]

You request leave of absence from work and they refuse... you then get signed off work by your GP... [i can understand their point of view]...

 

The investigatory officer adds a further charge to the minutes, possibly after the conclusion of that meeting. Did you take any notes during that meeting?

 

When you say, 'they are determined to fire me'... do you mean your manager, by 'they?

 

Now... since your sick note as been produced by your GP, for a genuine medical reason, you may want to have access to your medical record... as your GP documented your visit... and noted symptoms and diagnosis...

 

They could investigate the case 'de novo', or request that the investigation be extended...

 

Wait now for the result of the disciplinary meeting...

[J12345678]

You request leave of absence from work and they refuse... you then get signed off work by your GP... [i can understand their point of view]...

 

Hi Bigredbus, thanks for your reply

 

I did not take notes in the meeting, but i did take a colleague in as a witness, who can back me up that this allegation was not mentioned in the meeting. The allegation was actually added into the notes in the summary section.

 

It has been very clear from the outset that the company wishes to fire me, i have worked for them for 11 years with no conduct issues and exemplary record. I can only assume the reason for this is that they are currently making most of my department redundant, so are looking to cut costs

 

My GP is backing me and has provided a letter to outline the circumstances surrounding his signing me off with stress

 

My disciplinary meeting is in the morning, do you think i should hightlight the flaws in their case at this stage. That an allegation has been added to the minutes of an investigation meeting that actually involves the chair of that meeting (surely an conflict of interest by acas standards)

 

Or do i not mention this, let them fire me and take this to tribunal

 

My worry if i mention it is that they will just start this procedure from scratch and cover themselves

 

thanks

[elpulpo]

So, what exactly is their accusation?

How long have you worked there?

[Bigredbus]

You should not... instead, you should raise a formal grievance during the meeting... As a result they should call for a recess and investigate your grievance(s)...

 

To bring a potential case before an Employment Tribunal, you would have to exhaust all procedures at work...

[J12345678]

if i raise a grievence would this not mean they would have to carry out the investigation again properly? hence i would have less of a case for an unfair dismissal?

[Bigredbus]

If your intention is primarily to build a case against your employer, by no mean should you do anything... let them dismiss you...

 

You would have to have a solid case and nevertheless exhaust all 'avenues' with your employer...

[J12345678]

i don't want to be dismissed but i feel if i raise these issues now then they will clean up their act, rectify there mistakes and then dismiss me.

[elpulpo]

As you say, if you think the outcome is a foregone conclusion, it might be worth just 'handing em enough rope to hang emselves with', so to speak.

I understand your logic at not raising the grievance.

 

If they sack you, after 11 years of service, with no 'previous', just because they think you were skivving when you were signed off by a GP; then they need their heads testing.

[caro]

Does you organisation have proper disciplinary and grievance procedures?

 

Will there be anyone from HR present to ensure things are done by the book?

 

Do you belong to a union?

 

Will you have a witness?

 

Whatever you do, make your own notes and type them up as soon as possible after the meeting so you have them for the future should you need them.

 

If you have a grievance against the person conducting the disciplinary, I think you should say so. If you were to raise this at a tribunal I wonder if you may be asked why you didn't say something at the time.

[Bigredbus]

i don't want to be dismissed but i feel if i raise these issues now then they will clean up their act, rectify there mistakes and then dismiss me.

 

They would have to discount your GP' s sicknote... Do they hold proof that you were attempting to abuse the sick pay scheme or to take annual leave despite their previous refusal?