Suspended from work pending investigation

[markl1987]

Sorry I've been away for about a week and unable to get on here, Appeal letter has gone in and Im awaiting a response. I did put in the letter a request to have the manager it was addressed to inform me that he has received it but nothing so far. Will keep you all updated as and when anything pops up.

 

I might be being a bit eager but, Can I start my ET1 now, Im 99.9% sure that even that the appeal my dismissal will still stand and I don't want to run the risk of missing the deadline. Would there be any kind of penalty or something if I was to cancel the tribunal should the appeal be successful?

[Emmzzi]

no penalty for withdrawing. Go for it.

[markl1987]

Thanks for a speedy reply as always Emmzzi

[markl1987]

Just received my appeal letter through via email along with the minutes from the disciplinary hearing. So much for the minutes arriving by post shortly after my outcome letter!

 

Im currently in bed with a horrible chest infection and feeling as rough as sand paper but going to drag myself out of bed tomorrow and get myself planning my appeal, I want to take it in sections and present each section (lack of evidence, poor investigation, new evidence etc) I know each case is different but is there a 'best practice' to present my side for my appeal?

[honeybee13]

Hello Mark.

 

As you know, I can't offer legal advice, but I'm really sorry you feel like poo.

 

Please don't try to do too much too soon and make yourself feel worse. Your health is the most important thing.

 

My best, HB

[markl1987]

Thanks HB, Feeling a bit better now but still got a lovely mix of drugs from the doctors that was changed again this morning!

 

Have got a new date through now for my appeal hearing (someone wasn't available to attend on the companies side), 25th October and its 40 odd miles towards the coast! Nice to see they are still be as helpful as always. Ive been to a number of stations for meetings now from London Victoria down to Brighton! Wasn't so bad before they took my free travel away but cant complain too much as I have to get my case ready and get heard

 

I think its going to be quite lengthly to go over everything and project my case to the appeal hearing manager.

 

I have since been in touch with some other staff regarding my union rep and he's been known to not be as helpful with station based staff as he is a guard himself and see his role as a rep to only really cover other guards, he's apparently said hes fed up of being asked to represent staff from other areas of the business. Im taking this up with RMT and the regional office to see what I can do with regards to another rep however a colleague that is a rep for TSSA has said he will come with me and represent me regardless of what RMT say.

 

I've started working on my case and its already quite lengthly and my colleague thats a TSSA rep is going to come over and go through everything with me soon so hopefully nothing will be missed.

 

I cant believe its going on this long and still being dragged out for this long :/

[Emmzzi]

oh heavens, that explains a lot! Glad you have a new rep to support. Less than 2 weeks to go then.

[markl1987]

Hello All

 

Little update, I've just been to my appeal hearing and feel like I have had some success. After some last minute drama with my rep flying off to Ghana 2 days ago I went in alone and felt a little intimidated at first but then started to get across all my points.

 

I had worked up over 14 pages of notes and things I wanted to mention that I went through with the manager and his witness but I made a lot of it brief and detailed so I wasn't reading from a script. After an hour or so of questions back and forth by the manager and from myself we adjourned and returned shortly after, It has been decided that a further adjournment while more investigations take place is needed. The manager was quite shocked at everything I brought up during the meeting and also surprised by the new evidence that had come to light and is taking it very seriously. For the first time during this whole horrible process I feel like someone is actually listening to me now and actually looking into something for my benefit.

 

I had asked to raise a grievance about some polices that were ignored, breached and other issues during the investigation and the manager has asked that we put the grievance on hold for now while he appoints someone to carry out further investigation into the case as some of the issues raised maybe resolved by further investigation. I have agreed and have noted that we will re-address it during the next meeting.

 

He said that unfortunately it may take a few weeks to go and speak to relevant staff, carry out further investigation and come to a decision but he will do his utmost to keep me informed of what is happening and regularly make contact.

 

I'll update again as and when I know more, In the mean time back to the job search!

[honeybee13]

Hi Mark.

 

That sounds pretty positive - at last! Fingers crossed.

 

HB x

[Pusillanimous]

Looks like you are slowly coming out of your nightmare...

[dj1971]

Well done Mark for standing up to them despite the union rep letting you down.

 

Hold on to that and feel proud, that no matter what the outcome you stood up to them and said I will not be pushed around or allow this to be whitewashed.

 

DJ

[transient]

Thanks for the update too mark, at last some sort of common sense maybe prevailing. Dont want to throw a spanner in the works, but they could be using your new info to make sure they dot the 'i's and cross the 't's so o speak, I hope not.

 

Was it a totally different person that heard this? Have you met him before or know of him or any dealings? If he is different whats the difference between him and the first manager?

[Pusillanimous]

Transient: do you thinking the show of attentive listening by the Appeal Body was a sham? Perhaps Mark should not be lulled into a false sense of security and keep his wits about him. Ask for full written reasons for the appeal outcome.

[markl1987]

Was it a totally different person that heard this? Have you met him before or know of him or any dealings? If he is different whats the difference between him and the first manager?

 

Hello

 

Was a completely different and independent person that heard the hearing yesterday, he's an area manager (so 2-3 grades above the investigating manager and 1-2 above the disciplinary hearing manager) from another part of the network and the most senior person so far to look at the case. I've only ever heard of him very briefly when reading emails or information from the company. I have never had any direct dealings with him. The person to investigate further into the case will be appointed by this manager and they will be also independent of any dealings in the case so far.

 

I am not letting myself fall into a false sense of security, lets face it so far its been a bit of a mess and Im not expecting it to be any easier yet. In all honest I am very surprised that they are now taking it seriously and I was expecting yesterday that they would just find the original decision to be upheld and have to face going to tribunal.

 

Im expecting a letter in the next couple of days outlining what was found discussed at the hearing yesterday along with the minutes and then was told that there will be a further meeting to discuss and question anything that comes from the new investigation and then a final decision will be reached after that about the outcome of my appeal

[becky2585]

Good luck. It does sound promising, and whilst reinstatement on appeal is rare, I have seen it happen (twice).

[transient]

Transient: do you thinking the show of attentive listening by the Appeal Body was a sham? Perhaps Mark should not be lulled into a false sense of security and keep his wits about him. Ask for full written reasons for the appeal outcome.

I dont think it was a sham as such but you never know.

[transient]

Any updates mark?

[markl1987]

Ive received a letter confirming that the hearing was adjourned until further investigation takes place and this week I spoke to the manager who held the appeal hearing and he's appointed someone to investigate all the issues I raised and they are currently doing that. He said it could be another few weeks before I hear the outcome but Im hoping soon, its niggling away at me day by day not knowing again and wondering what will happen

 

Still keeping everything crossed and hoping for a good outcome

[transient]

Ive received a letter confirming that the hearing was adjourned until further investigation takes place and this week I spoke to the manager who held the appeal hearing and he's appointed someone to investigate all the issues I raised and they are currently doing that. He said it could be another few weeks before I hear the outcome but Im hoping soon, its niggling away at me day by day not knowing again and wondering what will happen

 

Still keeping everything crossed and hoping for a good outcome

Still sounds positive then

[markl1987]

Hello

 

A small update, I contacted the manager who held my hearing yesterday as its been a month since I've heard anything and he has apologised for the delay and informed me that the other manager who is re-investigaing is being very thorough and he is still waiting for their recommendations before proceeding to meet again and make a decision.

 

So in all still no idea when I will hear anything and Im still not holding my hopes up of a positive result but fingers are still crossed

[honeybee13]

Hello Mark.

 

I'm really sorry this is taking so long. I just hope that being thorough means that you get a good result.

 

HB x

[transient]

Still no news Mark?

[markl1987]

Hi Transient and everyone else

 

Hope you've all had a good Christmas and New Years!

 

Apologies for my lack of input for a long while now, I've moved house, split up with partner and had a lot going on all without a broadband connection!

 

I've heard nothing more about when I should expect any kind of outcome from my appeal hearing. I've contacted the manager responsible mid December and he assured me that they were working as hard as possible to ensure it was thoroughly and quickly re-investigated.

 

I'm currently working fitting windows with a friends father to tide me over and living back with mum whole I get back on my feet but I really have lost all faith in Southern and the hope of anything positive coming from my appeal now.

 

I will soon have my broadband back up and running and with any luck I'll have something to update you all with soon enough whether it be good, bad or in between!

 

Hope everyone is well

[transient]

Hi Transient and everyone else

 

Hope you've all had a good Christmas and New Years!

 

Apologies for my lack of input for a long while now, I've moved house, split up with partner and had a lot going on all without a broadband connection!

 

I've heard nothing more about when I should expect any kind of outcome from my appeal hearing. I've contacted the manager responsible mid December and he assured me that they were working as hard as possible to ensure it was thoroughly and quickly re-investigated.

 

I'm currently working fitting windows with a friends father to tide me over and living back with mum whole I get back on my feet but I really have lost all faith in Southern and the hope of anything positive coming from my appeal now.

 

I will soon have my broadband back up and running and with any luck I'll have something to update you all with soon enough whether it be good, bad or in between!

 

Hope everyone is well

Thanks Mark, that is a terrible few months you have had it seems, not good but at least you have a bit of work and a roof over your head. Always seems when one thing goes the rest seems to follow suit very quickly.

 

Keep your chin up

[transient]

Did mark come back, was there any update on this?