Disiplinary help please

[msbhvn]

Hi all,

 

The company I work for is a well known retailer, which is in partnership with another well known retailer. I am paid and employed by one but my job is in based store of the other, Hope that makes sense.

 

I recently requested and took 2 weeks holiday which I had changed from my original holiday request, I had the request authorised by my line manager. Now the rules are that when we take holidays we need to arrange our own cover for our store. As I am the only employee in my store we need to get cover from other stores, which I did do.

 

When I the colleague from the other store if she was available to cover me on the dates in question she told it shouldn't be a problem (she was helping at my store when I asked her). I tried to call her the week before leave but I couldn't get through and I assumed she was still covering.

 

On my return from holiday I had a visit from HR telling me they were investigating me and took me into the office. the investigation was for going on holiday without having cover for my store. The girl I had asked told them she had told me she couldn't do it as she was on holiday herself, this is untrue as she at no point told me she couldn't do it. Anyway the outcome of the investigation was decided there and then & i was told it was being took to a disciplinary level.

 

Now as for my representation to the meeting, I had chosen someone from the store I work in as I do not have regular contact with colleagues from other stores, so I assumed the staff from my store were classed as my colleagues. I have been notified by my line manager that the colleague I have chosen cannot represent me as they are not from the same company.

 

Were do I stand with this please, any help you can give me would be much appreciated.

 

x M x

[raydetinu]

As far as I am aware you can take anybody who is willing, even a family member.

Speak to Acas to confirm.

[Emmzzi]

the legal position is that you can take in an employee from the same company or a union rep.

[raydetinu]

Stand corrected, employee of co. or union rep as stated.

[msbhvn]

Thankyou for your replies

 

As Company A is in parnership with company B, surely company B employees would be classed as my colleagues?

 

Another couple of question please.

 

1) Should I have been notified & given a date to attend an investigation meeting?

2) Would I be correct in thinking that the decision to take the matter further should not have been made there & then?

 

Thanks again

[Emmzzi]

Company A and Company B are seperate legal entities, so no.

 

You don't need to be notified of an investigation meeting no - just the disciplinary.

 

They can absolutely decide to take it further there and then as long as they do not prejudge the outcome.

 

They do seem to be doing it by the book.

[msbhvn]

Thanks for your info Emmzzi.

 

I just find it unfair that I had authorised leave & I thought I had done enough to ensure cover for my store that I am now facing disiplinary.

 

I discovered the reason I couldn't get through to confirm cover was because my line manager had given me the wrong number to contact colleague, this was mentioned to a company B colleague & it had also been updated with the correct number in my book when I returned from leave.

 

When I secured cover for my last holiday, the line manager was asked by the colleague to pass a message to tell me she was on long term sick & couldn't cover. I never received the message until I phoned the colleague to confirm before I went on holiday.

 

Thanks again for your replies much appreciated x

[Emmzzi]

tbh I wouldn't take "shouldn't be a problem" and no further contact as "I will definitely be there." I might think about how you will make firmer arrnagement in future and have a plan ready.

[clayton2009]

sorry for invading this thread, but I recently resigned from an employer. I left amicably, but foolishly recorded a video of myself shredding a staff achievement award, noting verbally only that - " this is what I think of these things", I posted the video to youtube, sending the links to friends. I handed in my notice with 20 days leave in lieu of notice.

 

Today I have received a letter indicating I have brought the company into disrepute.I am to attend a formal hearing about the same.

 

To day is officially my final day of notice, I have no problem attending, as I want my final salary!

 

I have a few questions, such as;

do I have to attend

can I ask who made the allegation

how can this be deemed disrepute as it was on my private area on youtube

 

all help would be appreciated on this.

thanks

clayton

Edited March 21, 2013 by honeybee13
Removing surname.

[Pusillanimous]

Is the company identifiable in the youtube video? If so, it will be in your interest to attend the meeting, if only for damage limitation.

[raydetinu]

You do not have to attend as you are effectively no longer an employee.

[Emmzzi]

Although your reference can then say "left while under investigation for gross misconduct"

[clayton2009]

Thank you for the replies folks,

The company logo is on the certificate.

I think may attend, but postpone the date so as to ensure payment of all monies owed.

 

thank you again

c