Gross misconduct hearing

[adam7]

Hello,

I'm nervous, stressed, not sure what to do, desperate,etc.

I have worked at ? for more than ten yrs. The firm has about 1000 staff.

I'm not in a union.

Cut long story short, after disciplinary hearing last Thursday, got mail yesterday with a new witness statment.

The statement about half a page of A4 got me mixed with the other member of staff, saying that I was pushing and shoving whilst the other person was sat down at the computer. It was the other way around as I was sat down being pushed and shoved. I rang the manager yesterday, he said "it does not matter as the witness just got you two/names mixed up (he has signed the statement). Towards the end of the witness statement the witness got the names right.

 

I was told I was getting the sack based on the witness statement plus exchanging emails with the attacker using the company computer my working hours.

 

My question is, if I get the sack, the mixed up, signed statement, would it stand in court/industrial tribunal?

 

I had a witness but he was in another room and could hear me saying loudly get away from me, leave me alone, go/etc/etc - he did not see me get thrown off the chair but heard voices and did not want to get involved so never came out but has kindly given me a signed statement. That workers is a contract workers and not employed by my firm and the mangers said his acount was not "eye wintess, so taken into acount, not want to interview him as not impoatant."

 

So, as most likely I alone will be fired I think, do I have a case re the witness statement that is flawed and the company refusing to interview my witness and saying thay have taken it into acount but basically not an eye witness.

 

I'm desperate as it's very hard to get another job with my lack of skills and age.

 

Thanks

[adam7]

PS: Even a hint of help, opinion, etc will count for a lot. You don't have to be spot on re law/wtc - I am desperate, feeling very sick about losing my job, possibly flat, my integrity. I regret not joining a union as 16 quid a month to me is a lot of money. Please help, direct,etc

[SabreSheep]

HI there

Easy to say harder to do but remain calm. Even if the worst does happen you have the right of appeal and sometimes a final appeal before talking tribunal.

 

You say you have already had a disciplinary but now say you have another one and have been told you are facing the sack? We will need clarity on what meeting you have attended and what meeting and when the next one is.

 

1) Request copies of any notes from the investigatory meeting.

2) ALWAYs use your right to be accompanied. This grants you the right to have a witness in your meetings. Make sure they put in any notes if they refuse.

3) When signing notes at the ends, do a big Z under the final sentence to prevent anything else being added.

4) Read them carefully, highlight to the manager+notetaker if there is anything in the notes that is not accurate to what happened in the meeting and insist on them being cchanged. If they refuse, then refuse to sign. If they force you to either write "Signed under duress" or "I do not agree that these notes are accurate" and then sign.

5) If the witness statement is flawed then you can use it in your appeals

 

 

If you have not yet had your final disciplinary meeting and been TOLD that you are going to be sacked, you might want to make an official grievance that the hearing is prejudged. HOWEVER the words "This may lead to your dismissal" is not prejudgment.

[adam7]

Thanks you very kindly.

Sorry, it was the investigations hearing and disciplinary is next few days I guess.

Some very good points, thanks.

I will ask them, ensure everything is written up.

The mix up of the names, they may change them around but IMO, it is a major blunder and then they get the names right. I know it was the other way around but the attacker is saying I attacked him. Their independent witness was told Friday she is being promoted.

About me being scaked, hersay from a friend.

I feel they have plotted against me but I cant prove.

I will use it in the appeal if it comes to that.

Still worried sick but many thanks for the help and feel free to help.

[renegadeimp]

16 quid a month? What [problem] of a union is that?

[renegadeimp]

And who told you that you were getting the sack? They cant make a determination like that without investigation of both sides of the issue, especially when there is a potential incorrect witness statement.