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gross misconduct disciplinary for leaving work early


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Hi

i need some help with an issue i have. I have been working as a regional store detective for a security company and last week i was working in a store that was 70 miles away from home when the weather got really bad and slightly dangerous. I phoned the client i was working for (but not employed by) to ask to return to a store closer to home as the weather was due to get worse and she agreed it was for the best.i left the store but did not contact my control centre to let them know as i would do that in the next store to make them aware i had changed the store i was working in for the duration of the shift. As i was driving back my car broke down and i was unable to get to the store i was sent to by the client. I did make sure that when i booked on for work the next day that i told them i had left early the previous day and told them my intentions. Now i have a disciplinary in a couple of days for not letting them know i had left the store early due to health and safety but also for taking money for hours i had not worked. They are both gross misconduct offences. I have been with this company for 3 years and have nothing like this against me previously. I know this could end with me getting fired. Any advice?

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GRoss misconduct for that? Theyre having a laugh. Has there been any sort of investigatory period? What does your handbook say about disciplinary proceedings?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Thanks for the reply, these things both apparently come under gross misconduct as i failed to tell my company where i was at the time. There has been an investigation over the phone and i have not heard any of the recordings of me phoning in the next day to say that i left early the day before. They seem to be focusing on me saying i was going home, when what i actually meant is back to my home town where the next store i was going to work (all of 3 minute walk from my house) they are saying that i have taken money for hours i hadn't worked, even though i told them the next day.

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Could always offer to repay the money as a gesture f goodwill to them. Have they contacted the company you were contracted to in order to find out the correct info and not simply reply on vain conjecture?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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what does your company handbook say about procedures when you have to leave a client site early?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Thanks guys,

I would offer to repay the money as a gesture of goodwill, however i havent actually been paid for the hours over as i corrected it the next morning saying that i left at the time i did. and i have not read the company handbook in a few years, but i have had it explained to me at length today, i should always tell them when i leave a site. however when i have left a site previously and arrived at a new site they have never corrected me telling me that i should always tell them when i leave a site. i would understand it if i were to leave work for the day and not to go to another site. however i am relatively new to this position i wasnt aware that it was needed for leaving a site to go to a new site at the clients request. So in my mind, i wasnt finishing that day, merely moving to a different site. The store manager was aware of me leaving that store, so there is no one looking for me should there be a fire. and obviously the client was aware of me moving to a different store.

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You need a hard copy of the handbook ideally and not their interpretation of it. If they told you verbally over the phone, then its pretty easy to stretch the truth a little.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I will be sent a full copy of the disciplinary procedures and that part of the handbook when i receive my letter. although it sounds cliched, i think that my area manager has got a bit of a hatred for me. we have never seen eye to eye and he almost had a grievance against him after he took away this promotion after the terms had been agreed. i wouldnt be so upset with this, however i have asked to step back down after taking a bit of a kicking a few weeks ago after an arrest went wrong, resulting in me having 5 days off of work (he only phoned me 4 days later to see when i was going back to work, and to basically tell me to deal with it and get on with it) the only reason i think this is happening is due to me stepping back down to my old role, there will have to be a reshuffle of staff to accommodate me into my old role. this just seems like an instant dig, for something which i normally have no problem with. however it could lead me to having no job, and with a young family to look after, that prospect scares the hell out of me.

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Hi

 

The part of the handbook they send you on the companies procedures on leaving site some things to bear in mind:

 

1. This is only a handbook and may not contain the whole policy or procedure but a shortened version (you may need to ask for full copies of the companies actual Policy and Procedure for this).

2. If you do need to ask when you get these something also to check the date of the policy approved, its next review date and is it the same or a shortened version in the handbook.

3. Have the procedures in the handbook/any updated amendments been issued to you.

4. For the Disciplinary you are entitled to take a work colleague or union representative with you. (this ACAS link will be of use: http://www.acas.org.uk/index.aspx?articleid=2174)

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The only time i received a handbook was when i started 3 years ago. I honestly couldn't tell you where it was now, the main argument i have is that when i have moved stores before i have always phoned when i reach the new store. And this has never been corrected, so i am unsure whether to use this in my defence or will they say that i have been doing this before, therefore dropping myself further in it?

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Not a good defence at all. You should discuss your movements with your employer, not your customer, usually. I don't think that will help you much.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I know it seems strange, but i am purely serving the one customer. I don't do anything else foe my company, just the one retailer under one manager, so it has always been explained that the customer is my first port of call. I have very little to do with my employers on a day to day basis. Just to say i am at work. Every thing i do has to go through the customer first. But thanks for your input. I completely understand where you are coming from.

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FWIW given the circumstances I'd just be having a chat to reinforce the rules. Maybe a warning, certainly not a dismissal. I'd get copies of the weather report for the day in question ready.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Emmzzi, that is a great idea! I wouldn't have thought to have done that! Thanks. And while i appreciate the words of encouragement, my manager is a bit of a Rottweiler with people he doesn't get on with, so he will just refuse to let this slide. Hopefully i have a decent HR manager taking the disciplinary, who can see the reasons. Thanks again.

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Gross misconduct would be for dereliction of duty and that would normally be where H&S are compromised. Your manager seems to have overinflated the charges so try and get your manager to understand the reality of the situation has not compromised either the good name of your company nor caused a breach of trust between the co and its client and that H&S was your paramount concern and serving the clients interests a close second. You accept that the communication was poor in this instance and you will do better in the future, lesson learnt etc and hope that he cools down when he realises no damage done.

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As i said, it will be a HR manager that shall be taking this, so i wont have to worry about the manager, which is a start. Also having not been suspended, i cant really see it going horrifically wrong anymore. I shall also being launching a formal grievance against my manager on the day. I do, however feel much better now and a fair bit more positive. So in advance i would like to thank everyone for their thoughts and information. I shall be staying around on this site and offering my experience in security, should anyone need it. A good deed for a good deed and all that. So thank you.

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I would give it a day or two before i put in the grievance. It may seem to them like you have a vendetta against him.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Yes they are, however it still costs £80 and its the sort of money i don't have handy on me all the time (4 days before payday) i have just been told that my request to move back to my old store has been put on hold until after this disciplinary... I'm afraid i am a little bit worried again.

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