Gross Misconduct investigation

[northwalesman]

Hi,

Thanks I will ask them. It will be next week when Im able to send them the question. Sounds interesting...Ill post the answer I get from them.

 

Thanks

 

NWM

[Bigredbus]

Thank you 'northwalesman'...

[northwalesman]

Hi.

 

I thought I would send this letter to HR. I think it covers all advice i have been given here. Any further advice would be most grateful.

 

(name, address, date)

Dear...............

 

I am writing to tell you that I wish to raise a grievance.

This action is being considered with regard to the following circumstances:

 

I request that you clarify what you understand by 'performance improvement process' and what it encompasses, and most important does that process activate any type of award.

 

Why have you not carried out a thorough investigation to establish the facts.

 

 

Not informing the employee of the evidence and the basis of the case against them.

 

Not holding a meeting with the employee to allow them to answer the allegation.

 

Not deciding the facts, whether the allegation is made out and if so the appropriate sanction.

 

Not dealing with any appeal against the decision of Gross Misconduct.

I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative.

 

Please reply within no more than 28 days of the date of this letter.

 

Yours sincerely

 

Signed etc.

　

　

　Thanks NWM...

　

　

　

　

[Bigredbus]

Hi.

 

I thought I would send this letter to HR. I think it covers all advice i have been given here. Any further advice would be most grateful.

 

(name, address, date)

Dear...............

 

I am writing to tell you that I wish to raise a grievance. (Do not raise a grievance at this point. You are only seeking further information)

This action is being considered with regard to the following circumstances:

 

I request that you clarify what you understand by 'performance improvement process' and what it encompasses, and most important, does that process activate any type of award?

 

Why have you not carried out a thorough investigation to establish the facts.

 

 

Not informing the employee of the evidence and the basis of the case against them.

 

Not holding a meeting with the employee to allow them to answer the allegation.

 

Not deciding the facts, whether the allegation is made out and if so the appropriate sanction.

 

Not dealing with any appeal against the decision of Gross Misconduct.

I am entitled to a hearing to discuss this matter; also I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative.

 

Please reply within no more than 28 days of the date of this letter.

 

Yours sincerely

 

Signed etc.

　

　

　Thanks NWM...

　

　

　

　

 

Hi,

 

Good letter... but you should only state that you are seeking information about the 'performance improvement process' and if that process activates any form of award...

 

They know it is now late to action a disciplinary hearing over the allegations in September, or October 2009.

 

They must not, and by extension you, also, bring those allegations to light.

 

Just request further information about that process you have been informed about.

[northwalesman]

Hi

Ok I will do that.

 

Thanks

 

NWM

[JIMBO5444]

I am a Unison rep in a busy workplace and can tell you that your HR department are way off acceptable practices. It matters not who you work for the policy/procedure must be reasonable, fit for purpose and fair. You have grounds for a Greivance. Even if you are in Gross Misconduct procedure the Greivance puts that on hold and your greicance is then conducted however, some companies will do the sums i.e. how much would this cost us at tribunal against what they want to acheive.

PS plz excuse the spelling

[northwalesman]

Hi JIMBO5444,

Thanks for your reply.

I glad to hear that what I have been thinking for many months is being supported in this forum.

 

However as I am new to this I do feel lonely in my working environment as i am up against Managers who listen to HR, without question. HR is actually one person, well at least one person who is giving advice to my managers.

 

Nobody has ever questioned them (HR & Management) before me. The department I work in is or was very small for about 15 years. it has grown x3 in the last year new buliding and new staff, new problems.

 

I need to know what to do next, with the right information, and delivered in the manner for maximum delivery for my benefit.

 

Thanks

 

NWM

[honeybee13]

Hi there. Have you read the ACAS and directgov websites? They have a lot on filing grievances.

 

What do you mean by 'delivered in the manner for maximum delivery for my benefit' please? It could be worth a call to the ACAS confidential helpline if you haven't spoken to them already.

 

HB

[northwalesman]

Hi,

 

I mean maximum delivery so I dont blunder and make it more difficult for me to explain and make the process harder to prove the wrong doings of the HR and management. Maximum delivery, so that I get it right without HR being able to get out of the mess they have caused.

 

NWM

[northwalesman]

Hi, all

 

By the way what does grievance process achieve. I know the HR Management have to explain my concerns. But what happens then...?

 

Thanks

 

NWM

[Bigredbus]

Hi,

 

Before you raise a grievance, you should request, in writing, details of the process your employer wants to put you through...

 

The aim of a grievance is to invite your employer to redress a situation you think is unfair...

[northwalesman]

Hi

 

Ok thanks.

1st on list is: clarify what they understand by 'performance improvement process' and what it encompasses, and most important, does that process activate any type of award.

 

2nd: request, in writing, details of the process my employer wants to put me through.

 

3rd: raise a grievance.

 

4th: ?

Thanks NWM

[Bigredbus]

Hi,

 

(a) request that they clarify, in writing, what they understand by 'performance improvement process' and what it encompasses, and most important, does that process activate any type of award.

 

(b) wait for their response

 

© attend the meeting

 

(d) assess the outcome (did they issue an award. if yes, why?)

 

(e) raise a grievance if the outcome is an award of some sort...

Edited June 7, 2010 by Bigredbus

[northwalesman]

Since my last update I had a meeting about the performance improvement policy that they had hoped to put me on. As I stated to them as I havent actually been proven to do anything wrong and more importantly no investigation has been carried out. I pointed out some errors on their paperwork. One one allegation I have been put down as a witness, so How could I have done anything wrong, on another the wrong time was put on.

The said they would go and re look at the allegations. However, I do feel now that they are looking for anything to stick on me. Recently a patient found the master key outside thankfully returned it to staff. But there has been no follow up or indeed investigation.

 

My rep forgot to turn-up for the next meeting so another long wait to hear from them.