Gross Misconduct

[leedspete]

I have been suspended for gross misconduct and am awaiting the disciplinary meeting which is tomorrow 15/03 i know is short notice.

I have had a investigation in which notes were taken but at the end of the meeting i wasnt given the chance to read the notes or sign that i agreed that they were a true reflection of what happened

 

My question is this.Is this allowed as the first time i saw the notes were when i received the letter laying out what would happen at the disciplinary??

 

Many thanks

 

pete

[ericsbrother]

What is good practice is not the same as what is required by law. Do you disagree with the statement in the notes as being a true record of that meeting?. If not, then you should take that up as soon as you can. Make sure you have someone with you as a friend/representative in the disciplinary. you are entitled by law so use the opportunity. Always useful in case you start to get distracted (or worse)

[leedspete]

I don't believe they are a true record of what happened

[leedspete]

How long before disciplinary can I postpone?

Can I do it on the day of disciplinary?

 

As I have a union rep to go in with me and he is not available till tomorrow which is also disciplinary day. Tried to call today but person I am supposed to talk to Is of

[ericsbrother]

Then ask for a postponement until your rep is available and briefed. Deferring until early next week should be OK, your employer will be in trouble if they dont but they dont have to wait forever so any longer would be chancing the displeasure of those involved.

[leedspete]

So even though the meeting is tomorrow I can still postpone tomorrow if needed

[renegadeimp]

You should give the employer a decent amount of notice that you need to postpone the hearing. You can postpone it for up to 5 working days if your rep is unavailable. After this time the employer can get someone else.

 

Also, do you have a full copy of the disciplinary procedure? Have they followed it? Were you informed of the disciplinary in writing? If so, how long before the disciplinary were you informed, and how long after the GM occured?

[leedspete]

But the disciplinary manager was not in today for me to change it so can I still postpone on the actual day

[leedspete]

Nearly 3 weeks since gm occurred

[renegadeimp]

Is it possible for you to give more info on the GM? Normally the disciplinary should be given within a few days of the breach of contract. If its longer, they normally suspend first or start investigatory meetings.

 

Doesnt matter about the manager. You can simply let HR know. Did you get a copy of the disciplinary procedure? That is important as each employer has their own version.

[leedspete]

It was call avoidance and blind transferring customers

[leedspete]

bump

[steampowered]

The notes are for your employer's purposes - they are your employer's record and not an agreed record. There is no particular reason why you should be shown the notes or have a chance to contest them. Of course, if the employer is trying to use the notes as evidence against you and they are inaccurate then you should explain how they are inaccurate.

[Twin ear]

Hi

 

Does your employer have a disciplinary procedure - the stages should be identified in there.

 

I am currently suspended waiting for a hearing for potential gross misconduct but have had the hearing date deferred to allow me time to prepare my defense.

[Twin ear]

I would like to know if someone writes and signs a statement and it is clearly wrong can I challenge that at the hearing

[honeybee13]

Hello twin ear, welcome to CAG.

 

If you have queries about your own situation, please start a new thread.

 

My best, HB

[becky2585]

I would like to know if someone writes and signs a statement and it is clearly wrong can I challenge that at the hearing

 

Yes, you can ask for them to be called to the hearing and can question them on it.

[leedspete]

I have had my disciplinary and it has been adjourned to look into mitigating circumstances.Also the union rep i took in with me has said that they haven't followed ACAS procedures if this was said in the disciplinary,why didnt they adjourn the meeting there and then and then go away to look into this.

[Atlas01]

why didnt they adjourn the meeting there and then and then go away to look into this.

 

A) Because they are very stupid and have made a serious faux par

B) Because they are very sharp and can dance around the ACAS guidance without fear of making any dismissal unfair

 

As i've just had my friday hour of WWE wrestling with my fanatical son i'll quote The Rock, "It doesn't matter what your rep says..............sometimes"

Edited March 22, 2013 by Atlas01

[leedspete]

Have just found that someone else was suspended for doing what i did and they have had a disciplinary in which their gmcd has been downgraded to to misconduct and have been given final written warning.So,am i correct,that they will deal with me the same way or not

[Emmzzi]

It depends. I look for

a) remorse and

b) confidence you won't do it again

 

Can you provide that?

[altobelli]

Treatment should be consistent, but things like prior conduct or length of service may be taken into consideration. Apologise if you genuinely mean it, but just be careful because if you apologise and they do dismiss a) you may wish you hadn't and b) they may use it as an admission of guilt should you decide to sue.

[Emmzzi]

Have just found that someone else was suspended for doing what i did and they have had a disciplinary in which their gmcd has been downgraded to to misconduct and have been given final written warning.So,am i correct,that they will deal with me the same way or not

 

altobeli I'm taking this as an acknowledgement that he did what he has been pulled up for. If that is the case and he knew it was against procedures then in my mind there is no debate on aplogy. I agree if you didn't do it, you shouldn't! But if you did, it's really the only way.

[altobelli]

altobeli I'm taking this as an acknowledgement that he did what he has been pulled up for. If that is the case and he knew it was against procedures then in my mind there is no debate on aplogy. I agree if you didn't do it, you shouldn't! But if you did, it's really the only way.

 

By all means if he genuinely feels sorry he should apologise, while also mentioning mitigating factors (if there are any). But why should whether or not he says the word 'sorry' have a bearing on whether or not he keeps his job in a case like this? I mean, I can see the point if there was a 'victim', but this is case about a breach of procedures.

[leedspete]

I have accepted that i have done wrong but there were mitigating factors which they are looking into.But the fact that my colleague did the same and it was downgraded to just misconduct then shouldn't i be treated the same