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Do Ihave a case for constructive dismissal?


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Hi.

I'm currently undergoing a disciplinary procedure with my place of work.

It all stemmed from a manager monitoring a phone call to my husband and going from there, I have been investigated and my place of work have now sent me a disciplinary invitation advising that I have been investigated for gross misconduct.

 

It all started when in the phone call, I said to my husband that I had told work a doctors apt was an hour earlier than the apt was - reason for the doctors appointment was that I was 2 weeks pregnant and wanted to get the ball rolling with the midwives etc.

From this my place of work have now conducted the investigation and said that I have been falsifying my time sheets and basically stealing 'time' and finishing early. (- There have been lots of occasions where both mine and colleagues timesheets have been 'lost' and overtime was not paid or holidays not deducted)

 

Other than the doctors apt I have been given auth from a manager to finish early etc. I have also not had a direct line manager since I told work I was pregnant.

The investigation has gone as far back as March.

 

As you may imagine at this moment I am petrified - My record at work is impeccable - no other warning, no sick (apart from a miscarriage I suffered late last year - though I believe that the time taken sick does not go on my record as it is maternity related) and I have been there for 11 years and I have done the same job all the way through these years so I am one of the best at what I do on my department.

 

I personally believe that the company has done this since they found out I was pregnant.

 

Please advise

 

Many Thanks in advance

Lisa

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Hello!

 

I don't think you have a constructive dismissal case. They are pulling you up for lying - and you did actually lie.

 

I think you need to plead mitigating circumstances - and demonstrate you were actually at the midwives by asking them for a letter to confirm it. I'd be apologetic rather than angry. I'd also take a "nervous mother" line if it were me.

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I agree with Emmzzi, lost sheets are irrelevant, it has nothing to do with this case, you got permission from "a" manager to finish early, this implies clocking out e.g. finish, not go and book normal hours (even if the manager told you this they will not recollect it now as they will be confessing to the same accusation)

 

Damage limitation exercise, if they have a manager overhearing you tell your husband the appointment was not what you told them, you lied in their eyes, it all depends on the exact conversation overheard and i cannot stress enough that once you get caught in a lie it usually does not end well.

 

Why did you leave an hour early than the appointment, did you go for a walk/watch tv etc or go home to prep (shower/bath/wash/change etc), the other issue is what is your companies policy on GP appointments, is it paid time or should you deduct it?

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Hi Lisa,

 

I have to say it sounds like the employer are in the right here. At the end of the day you did lie about the time of your doctor's appointment and it isn't clear from your post whether you falsified time-sheets as well. It is reasonable for the employer to investigate this. You certainly do not have enough to claim that you have been forced out of your job, as is required for constructive dismissal.

 

At the end of the day this is not a major incident. After a short apology/explanation everyone should be able to move on from this without any issues.

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