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Suspended "Gross Misconduct"


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Hi,

 

I am looking for some advice, I was brought into my boss's office at around 5pm and told due to my poor performance recently I will be having a disciplinary meeting the next day at 8am and I can bring a colleague if i want to ect.

 

After reading up on-line this should of been done in writing and within a reasonable time frame. So I emailed my boss and asking for it to be in writing and within reasonable timeframe, I got an email back next day at around 8am with a PDF attached stating what its about, and date of meeting which was on 25th.

 

Everything was going okay the next day, And I was trying my hardest to make sure i was trying my best. One thing that was odd I was made to sign an confidentiality agreement randomly and he said its for a customers pci compliance we all must have one signed (I had signed a none-disclosure agreement when I started anyway). However when I was being suspended he mentioned that I have now signed a "agreement" and to not do anything to harm company/sabotage ect.. (I would not do this anyway...)

 

While I was on phone to a customer I get told to put them on hold and to come and sit outside office on chair for 5 minutes. I did that then I was brought into his office and told "You are now being suspended for gross misconduct for accessing another employees email, there will be an investigation and we will contact you. Do not try to access any systems, customer networks, or call any customers ect or try to sabotage anything or we will call the police. Do you understand?" I said no and he said "Basically get your stuff and leave." so I did and said bye.

 

I have not accessed anyones email either and he hasn't gave me any information

 

I have aspergers syndrome and this is causing me stress as I don't know when im coming back or if its on full pay or its not in writing, so i don't know what will happen next.. This is really unfair.

 

I have had nothing in writing yet about the suspension or anything. (I was suspended Friday).

 

Could someone please give me advice on what to do next?

Edited by user1001245
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As far as im aware, theyr emeant to give a minimum of 24 hours notice before they commence disciplinary proceedings.

 

Ok. What has happened is your manager has some suspicion that you may have accessed someones email. he doesnt need proof at this stage, suspicion is enough to warrant an investigation, which what this is. it is normal procedure to suspend the accused while under investigation. You will then be notified of either a return to work date, OR a disciplinary date, where you can give your side of the story. Suspensions in these circumstances are normally on full pay.

 

You will also be allowed to see the evidence against you but only after the investigation is complete, otherwise it would be extremely Biased/one sided as you would have no chance to defend yourself.

 

Are you in a union? Do you have access to a rep that can speak on your behalf/be a witness should this go to a full disciplinary?

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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As far as im aware, theyr emeant to give a minimum of 24 hours notice before they commence disciplinary proceedings.

 

Ok. What has happened is your manager has some suspicion that you may have accessed someones email. he doesnt need proof at this stage, suspicion is enough to warrant an investigation, which what this is. it is normal procedure to suspend the accused while under investigation. You will then be notified of either a return to work date, OR a disciplinary date, where you can give your side of the story. Suspensions in these circumstances are normally on full pay.

 

You will also be allowed to see the evidence against you but only after the investigation is complete, otherwise it would be extremely Biased/one sided as you would have no chance to defend yourself.

 

Are you in a union? Do you have access to a rep that can speak on your behalf/be a witness should this go to a full disciplinary?

 

I joined a union as soon as I got the first disciplinary date for my "poor performance" (Prospects), Just waiting till tomorrow for them to activate my account as I couldn't get hold of them by time I was home on Friday.

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Ahh. It depends on your union whether they will cover you for this or not. Some will say you have to have a minimum subscription period before they can help. The rep will be a witness, but might not be allowed to speak on your behalf. Either way, you can check in the morning.

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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There is a union which is recognised by many employers that have no minimum subscription time before acting for you

As soon as you fill in the forms you are covered

 

I will PM the op the details as mot to mention them on here

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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There is a union which is recognised by many employers that have no minimum subscription time before acting for you

As soon as you fill in the forms you are covered

 

I will PM the op the details as mot to mention them on here

 

I dont have any PM storage even though I have 0 PM's.

 

Also,

 

I have now been sent via email an invitation to the gross misconduct meeting scheduled for tomorrow at 16:00, with a list of allegations and two witness statements from employees, and a signed confidentiality agreement/NDR.

 

However he made me sign one of those documents after the incident supposedly happened, So I am not sure why this will be used in the meeting?

 

I requested copies of my employment contract and all appraisals from last year, And I got sent back an unsigned forged copy which has an incorrect date of employment and is not the document I signed, and I have payslips/bank info to prove this.

 

I think the meeting tomorrow is unfair time frame, Can anyone help me with this? What should I send to postpone the meeting while I get legal advice? as I have not had 5 days notice and only via email.

 

 

 

Furthermore,

 

He wants to have both disciplinary meetings in one meeting, is this the correct thing to do? As they both separate issues?

 

And another thing I noted, This users password was stored in the company password database for all employees to access, and the confidentiality agreement states you must "Limit access to information contained in or obtained from the systems to the authorized persons" , So the employee who put the password there has broken section 9/10 of the document.

Edited by user1001245
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I dont have any PM storage even though I have 0 PM's.

 

Hello there. You won't be able to send or receive emails until you have sufficient posts here. IHB, if you think this is sensitive information, you can PM it to me an I'll act as intermediary. :)

 

HB

Illegitimi non carborundum

 

 

 

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The union they are discussing is UNITE; I'm not quite sure why anyone should be particularly reticent about that. Unless for reasons of embarrassment maybe ;)

 

To the OP: how do you mean, 'both disciplinary meetings'? Aren't you attending one investigatory hearing at this stage?

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Unite represent anyone, but be VERY careful. They are in it for the upper management of the union. They are pretty poor in the workplace unless it gives them good publicity.

  • Confused 1

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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Unite represent anyone, but be VERY careful. They are in it for the upper management of the union. They are pretty poor in the workplace unless it gives them good publicity.

 

I suppose we were bound to agree on something in the end ;) lol

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I was a senior shop steward with them for almost 7 years. In that entire time ( including when they were TGWU), i and my shopfloor reps, had pretty much zero backing off the union on pretty much any subject.

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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The union they are discussing is UNITE; I'm not quite sure why anyone should be particularly reticent about that. Unless for reasons of embarrassment maybe ;)

 

To the OP: how do you mean, 'both disciplinary meetings'? Aren't you attending one investigatory hearing at this stage?

 

No actually it is usdaw as soon as you fill in paperwork you are covered

 

Was not sure if could mention names on here

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Actually ihb usdaw will not represent a person until they have paid a certain length of sub. They leave it up to the shop steward to decide if they want to represent them, but they will recieve no backing off the union until the subs are paid up. Been there, done that.

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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Actually ihb usdaw will not represent a person until they have paid a certain length of sub. They leave it up to the shop steward to decide if they want to represent them, but they will recieve no backing off the union until the subs are paid up. Been there, done that.

 

Really one of my work colleagues is sectary for usdaw

I have been with them short of a month and yes they are representing me

 

Things have changed since you been there,done that

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Really one of my work colleagues is sectary for usdaw

I have been with them short of a month and yes they are representing me

 

Things have changed since you been there,done that

 

As I said. They leave it up to individuals. It is rare that they will help before subs are paid as the person could quit the union right after.

 

What the unions say and what actually happens are two different things.

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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And it is common practice to not provide representation for issues that occurred or existed prior to the join date: as it would be unfair to existing members.

 

Yes you are right that is probably the case for the op as things have happened already but still worth a try with them

 

In my case I work for a company who do not do things always right for some time and trying to set people up to fail

I joined the union before I decided to poke the dragon

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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