suspended for gross missconduct after returning from Paternity leave.

[yourturntopay]

Are you taking anyone in with you to the meeting?

 

I could be wrong on this point (I frequently am!!) but I think you are entitiled to take a union rep, or a fellow co worker of YOUR chosing with you to meetings as support.

[honeybee13]

YTTP is right about having a companion and I hope this isn't too late. This is what the directgov website says about grievance meetings.

 

 

'You have a statutory (legal) right to take a companion to the meeting with you. To exercise this right, you must make a request to your employer that someone comes with you. They may be:

 

• a colleague
  
• a trade union representative
  
• a trade union official
  

If no colleague can accompany you, and you are not a trade union member, ask if you can bring a family member or Citizens Advice Bureau worker. Your employer does not have to agree to this unless your employment contract says they must. However, it can still be worth asking and explaining why you feel it would be helpful.

The companion can:

 

 

• present and/or sum up your case
  
• talk on your behalf
  
• discuss with you during the hearing
  

However, the companion cannot answer questions on your behalf. They are protected from unfair dismissal or other mistreatment for supporting you.

After the meeting, your employer should write to you to give you their decision.'

 

 

Hope that helps. Please ask anything else you need help with and good luck tomorrow. We'd like to know how you get on.

 

 

My best, HB

[notrust]

Thanks HB. I'm taking a friend with me. There's more chance of me falling apart emotionally than messing my case up. They have allowed this but he cannot talk or answer questions.

 

Right, I'm taking with me...

The company proceedures.

A note book and pen.

Diazepam for my nerves.

A copy of both grievence letters. (there's 2 as the first was emotionally charged. The 2nd helped by ACAS).

A copy of their handbook.

A copy of my suspension letter.

 

Anything else I should take with me? Don't want to forget anything!

 

Thanks again everyone!

 

Oh, is their any particular quotes, terms I should use?

 

Thanks again!

[elpulpo]

What I'd suggest you do is put your grievance in written form beforehand, then simply present that to them and say nothing.

You're obviously very upset by all this, and presenting a written statement will help you put across what you want to say without risk of the situation getting out of hand.

[honeybee13]

Well fingers crossed for you. I think I'm right in saying that you can have conversations with your note-taker. You might want to check that out on the directgov or ACAS websites. If I remember rightly, you can ask for time out to confer.

 

Take your time and don't be intimidated. We're all with you and will be thinking of you.

 

My best, HB

[notrust]

Thanks everyone. I wish I had found this site sooner, really supportive. Will update after the meeting tomorrow.

 

Many Thanks again!

[mazbck]

good Luck tomorrow

 

Maz

[honeybee13]

Fingers crossed for you today, please let us know. HB

[notrust]

Hey, sorry for the late update. The meeting went very well I think! It was agreed it had all been mishandled, poor management. However, that does not fix the way I feel, nor has my DP been dealt with yet, so I'm not totally sure whats happening. I was told to expect a update to the grievence in approx 2 weeks due to the serverity of the accusations. But, in general, the guy sent to deal with the grievence was very supportive, and understood why I felt victimised. Hopefully I'll be back in work soon.

[Sidewinder]

Sounds positive so far. Make sure that you write down everything whilst fresh in your mind (things which were said and by whom) if you did not manage to get comprehensive notes during the meeting. I'll keep my fingers crossed for you!

[notrust]

Well, my confidence has just took another blow. I've just been informed that a new man has been took on at work. I feel that he could be my replacement. Surely this cannot be right???

[honeybee13]

Hi there. Are you sure you're not jumping to conclusions? What have you been told so far and do you feel able to raise this with anyone at work?

 

HB

[notrust]

I was told that another mechanic had been taken on. There is very little work in the motor trade at the minute so cannot see why another mechanic would be employed, unless one was on the way out? ME! I'll ask the HR people about it I think. I might be jumping to conclusions HB, but with all they have done to me so far, can you blame me?

[honeybee13]

Hello, I quite understand why you don't trust them. I think talking to HR about your concerns is a good idea. At least that way you won't be second-guessing what's going on.

 

HB

[notrust]

I've sent them an e mail just to say it's concerning me. I've asked them to call me for reassurance. I'm sure this is a fair request under the circumstances.

[Sidewinder]

They would be extremely foolish to take on a 'replacement' for you. Ongoing grievance with regard to bullying, incomplete disciplinary procedure.....not at all wise if it were to go to a Tribunal.

[mariefab]

What does the suspension letter say?

[notrust]

Which part of the letter? all of it?

[mariefab]

I'm wondering how specific it was.

For example, did it just say that you were suspended for doing the repairs?

 

Or did it say any or all of the following?

You breached Company or health and safety rules/policy.

If so, did it specify which rule/policy, when it came into force, when/how you were informed of it. Was a fresh copy supplied with the suspension letter.

Was disciplinary action, dismissal or gross misconduct written in the suspension letter?

Was there any indication of when any further action would be taken?

 

I don't know much about paternity leave but I would have thought that if the Company made a policy change during your absence they would have been required to inform you about it at the same time as they told the other employees.

 

I suggest that you write to HR asking for a copy of the investigatory/suspension meeting notes and asking them to confirm in writing their instruction that you are not permitted to contact any other employees in order to obtain witness statements to use in your defence in the event of a disciplinary hearing. (Mention who told you that you couldn't contact them, when you were told and whether it was in person or by phone.)

You could also add that you have not yet had a response to your email asking whether the new employee is your replacement.

Keep a copy of the letter and send it by recorded delivery.

[notrust]

Hi, It says...

 

Recieving comisions outside of company business.

Irecoverable breakdown of trust.

 

The rule about using the workshop was not carved in stone, just a verbal agreement. A new manager has come in, and revoked it. But obviously because I was not there, or did not know, I have used the workshop as normal. I have not took any monies. So far, I have heard nothing about my disaplinary???

[notrust]

They are denying that the new chap is my replacement also.