can they sack me? please help!

[shahill]

Hello again Shahill and thank you for the update.

 

Fingers crossed for tomorrow [is that the right Wednesday?] and please come back to us whatever happens. You're in good hands with Mariefab.

 

HB x

 

Hi there HB yes its tommorrow... eeekk!!! Its at 3pm - i will give you all an update as soon as i can

xxxx

[shahill]

Hi Shahil

 

You may shortly need this piece of legislation http://www.legislation.gov.uk/uksi/2010/2194/made

 

If you feel that Sex Discrimination is an issue then you can send your employer a questionnaire asking them questions to determine whether they have broken to law. They are required to answer open and honestly (they never do as that would mean they get taken to the ET so tend to be evasive and lie) so the questioner (you) can make a judgement as to whether they should be taken to the ET.

 

This is similar to the old procedure but the Equality Act 2010 is so new I don't know is there are any changes to the new system. Perhaps the lawyers on here can help as to procedure?

 

 

Thanks very much for this ill keep this under my belt for now but will fire it accross if the worst happens. Fingers and toes crossed i wont need it xx

[shahill]

Hey everyone another question... if at tommorrow's hearing they give me the opportunity to resign as oppossed to dismissal ( i know they have done this in the past ) is this "constructive dismissal?"

[jackieandwayne]

No idea what that would be - but whatever you do and whatever they say - don't accept it, don't resign. If you are dismissed today then you can appeal. And if they still want to play silly buggers with you - well, you said you're ready for a fight! Its them who have to pay for it, not you, so it'll cost them one way or the other. Still, sounds like the HR Dept could do with an education in employment law and from what I've read on here school will be open shortly!

 

Everything is crossed for you so please let us know asap as it is most uncomfortable and the dog wants to go out!

[MrShed]

Subbing.

[papasmurf1cx]

Anxious to hear your result Shahill. keeping omy fingers crossed for you.

[shahill]

IVE NOT BEEN SACKED!!!! PHEW!!!!!!!

 

 

Sorry for the late reply but im literally just home. The hearing seemed to go on forever but most of the time was spent during the adjourment. I gave them sooooo much evidence. Marie - it was definetly the right decision to postpone, i honestly dont know what i was thinking by suggesting to do it alone so thank you so much for talking me round!

 

My companion was brilliant, she challenged the decision maker on my behalf, asked lots of questions and confered with me during the meeting.

 

I fell to peices at one point, but only during my summing up and i quickly composed myself.

 

The outcome was a final written warning and i have 5 days to appeal. Right now i am just so relieved not to have lost my job that i cant feel angry about that. I still do not believe that the process was fair or consistent although he strongly put to me that anyone else brought to his attention with the same breaches would receive the same sanction - i guess i can only take his word on that! I know i deserved a kick up the bum in some form or another though so at the moment i think i might just take this on the chin.. ill see how i feel in a couple of days though.

 

Re the HMRC issues, he was squirming in his seat with that one. He couldnt give me an answer even when i asked to adjorn so he could clarify the matter - he promised me he would come back to me this week but agrees it should never have been raised during this investigation.

 

Im just so relieved that ive not lost my job and i cant thank you all enough for the help and support you offered me - as i am on mat leave i didnt have the support of my colleagues or manager so this forum has been invaluable.

 

Right... im off for a massive bubble bath and 1 or 2 (or maybe 3 or 4) glasses of wine!!!!!!!!!!!!!

[MrShed]

Excellent result. Really well done, happy for you.

[papasmurf1cx]

Congratulations Shahill. It is always good to have a positive result. Take a day or two to take it all in and then make the decision on the punishment, but make it on a clear head not when hungover!!!!! However it does seem that they got frightened over the possibility of discrimination action and unfair dismissal too. So any punishment is unjust surely?

 

Well done yet again.

[honeybee13]

I'm delighted for you. Well done for holding it together today. I count it as a personal mini-triumph that they seem to have got it wrong about HMRC. Daft thing to do, unless we've missed something.

 

If it were me, I might keep quiet for now but if anyone else is found using or to have used their card, I would speak out about unequal treatment. You'd have to find out first of course.

 

I hope you can go back to enjoying being with your baby now. And take care in the future.

 

Don't forget about us at CAG though!

 

HB x

[Sidewinder]

Well done. Delighted for you.

[shahill]

I'm delighted for you. Well done for holding it together today. I count it as a personal mini-triumph that they seem to have got it wrong about HMRC. Daft thing to do, unless we've missed something.

 

If it were me, I might keep quiet for now but if anyone else is found using or to have used their card, I would speak out about unequal treatment. You'd have to find out first of course.

 

I hope you can go back to enjoying being with your baby now. And take care in the future.

 

Don't forget about us at CAG though!

 

HB x

 

Its a big triump for you i think!! I felt so confident when he raised the HMRC issue i immediatley asked to adjourn the meeting on the basis that i disagreed with the information presented to me and that i would like him to seek immediate clarification. I handed over a document which included the text you gave me from the HMRC website and i asked him to refer to this in his discussions with HR.

 

I felt really bad for him actually, he was so red and actually squirming in his seat. He came back to say he still didnt have an answer for me but commited to investigating the matter and sending me confirmation of his conclusion in writing. So i received that at the weekend and it confirmed the information was inaccurate and he apologised for the distress it caused me. I will email him in the morning saying that i will not sign the notes until either (a) all reference to HMRC is removed, seen as it should never have been brought to the table in the 1st place or (b) a footnote is added confirming that a later investigation confirmed that the information they presented was inaccurate - so we shall see what comes out of that one!!

 

He also confirmed that disciplinary action will be taken against other cases but would not go into detail, i guess i can only take his word on this.

 

So i am just so relieved that i can now enjoy the rest of my mat leave. I still have it at the back of my mind that this was part of a cost cutting excersise and that they hoped i would have slithered away quietly. Wrong!!!!

 

There have been annoucements of a restructure and i am currently the only person based at my location - i suspect this position may now be redundant so they have 2 options (1) make me redundant or (2) offer me a position based in a different location which will mean a significant amount of travel. My job previously involved a huge amount of travel but i made it clear when i returned that i would not commit to the same amount of travelling. I am prepared to do a reasonable amount (to me that means once or twice a week and no overnight stays). Does anyone know of any legal term "reasonable amount of business travel" and what that amounts to in terms of per week?? I am just worried that they assign me a project away from home ie try to manage me out the door by making it impossible for me to continue my job.

 

What does everyone think?

[shahill]

Oh,,, and just incase i havent made myself clear. I DONT KNOW WHAT I WOULD HAVE DONE WITHOUT YOU ALL!!!

 

Marie - i really, really appreciate you taking the time to speak with me.

PS - I hope your daughter has some good news to deliver soon