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I was suspended approximately 3 weeks ago regarding a matter of gross misconduct at my work, I have since been to two investigatory meetings and in these letters it was clearly stated that the matter being investigated was that of gross misconduct. Today I received my invitation to disciplinary which states that I am to attend a disciplinary to "review my poor performance" and that "one of the outcomes of this meeting could be that a decision is taken to issue you with a formal warning".

 

Now doing a little research I believe that for formal disciplinary procedures companies need to inform you in advance if you may be fired so as not to spring that on you without warning. Is this correct, and if so I assume I will have a good case if I decided to appeal this if they fired me?

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Hi there

 

Need more info for the pros to help you out

 

Length of service in job

Issues complained about

Date of suspension

Is suspension paid

Are you a union member

Are they involved

Have you got a copy of all the minutes etc form previous meetings? If not demand them so you can prepare for your disciplinary. request in writing. Get a reciept of delivery.

Take a rep/witness in with you

Make sure notes are accurate before you sign them. If they do not reflect main points sign "under duress"


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Have been in the job just over a year, though have worked for the company before for 2 years previously (left on good terms from last period of employment)

Posted about work on facebook and let someone into the staff area without permission. Both constitute gross misconduct under company rules.

I was suspended on the 30th August on full pay. Have had 2 investigatory meetings since.

I am not in a union.

Getting a copy of them all, had 2 sent to me waiting on third. Will not attend disciplinary if they do not arrive before (meeting is on Tuesday)

Will be taking a colleague with me

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OK.

 

Unfortunately tribunal wise, outside of a discrimination case covered by the single equality act you have little in the way of fall back if they break with procedures. Therefore argueing over wording on letters here is not going to help you. You need 2 years continual service minimum since you returned, in order to be covered.

 

Definatly take a colleague with you. IF they do not provide the notes you MUST go or you will be dismissed with little resistance. Make sure you complain that the notes (If they did not arrive) failed to arrive in time for you to prepare and request an adjournment to prepare your case. if they refuse make sure it gets noted down.

 

Both cases a reasonable employer might consider gross misconduct sadly. BUT that does not always lead to dismissal.

 

Do you have any mitigating circumstances? Is there a social media procedure? Have you been trained on it? Security. Same here? Is there a workplace culture of allowing these things to happen and the company has not attempted to crack down on it before? Do you have a good record with the company. This is the "Lick their ass bit" and tell them how much you l ike working there and that you are very upset and having messed up and would like to help the company tackle these issues and also would like the company to give you a chance.

 

Im sorry it is not the response you were hoping for.

 

Come back let us know how it goes and we can help with an appeal. (Nothing to lose at that point)

 

BUT if you keep your job. JOIN A TRADE UNION! :D


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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it's entirely possible the poor performance is about efficiency on the job and not related to the misconduct.


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 phoned up to get the date rearranged as my chosen companion couldn't attend. Called on the Sunday and got the managers answer phone, so left a message. Called AM on the Monday (for a tuesday PM meeting, so more than 24 hours notice) and was told it wasn't possible to rearrange it. Feel like this is something I should ask to have noted in the minutes of the meeting tomorrow.

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certainly raise it and ask for an adjournment if you feel you are being ambushed. ACAS guidelines will give you an idea of how things should be done.

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The main issue I have is two of the people I would ask to come to me with something like this also replied to my Facebook post. As they have been interviewed for the same issue they are involved and so not suitable to be a companion. I asked easily 5 or 6 people over the weekend to accompany me to this and nobody was free or able to get time off (wonderfully I am a relief member of staff who would normally cover time out of the shop like this but heh I'm suspended). I know that I am allowed to ask for a rescheduling if I cannot get someone to accompany me, even the letter from the company says so, so I have no idea why the manager refused.

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I contacted my manager (not the one holding the disciplinary) and he was far nicer about getting things rearranged for me :) So seems to be sorted for now.

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Ok so I have been dismissed from my job, going to appeal now. Any advice welcome.

 

There is both a social media and a security policy that I was briefed on. The only mitigating circumstance was the death of my mother the week previous, I was in a pretty ****ed up state but didn't ask for additional time off. The person I let in unauthorised was my girlfriend, we had lunch in the staff canteen area.

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Ok guys I think I need help again -

 

My appeal has been upheld and I have been offered my position back with the company. However in the mean time (I was fired 4 weeks ago after all) I have found new employment. What am I entitled to with regards to the time I've been "fired" in back wages, if anything, and what happens to any notice period I was previously bound to by the company? Do I have to accept their offer to be entitled to any of this?

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You would be entitled to back pay form the moment you were fired up to the time they offered you your job back.

 

Your notice period remains unaffected and is as if you were never fired.


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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So if I go to them and say I have this new job and don't want to come back they will still give me my backpay but I will leave on bad terms due to not being able to work my notice?

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