what action can my employer take?

[lg1984]

Hi there,

 

I've been summoned to an investigation meeting at work regarding several allegations.

This is the first time this has ever happened to me, so I'd appreciate some advice on their points?

 

1. Lateness - this is a total "fair cop". This has largely arisen from agreeing to change my shifts on some days

and not realising it would clash with school run (my son is 4, so this is the first time school has been an issue)

- however, it's my fault for not communicating this well.

 

2. Making mistakes - there were two mistakes made in my knowledge.

However, my manager verbally told me "not to worry about it"

and I haven't, in my knowledge done it since - they certainly haven't told me?

 

3. The potential biggies. I have definitely done these two, and will definitely admit this, but may have been naive. The situation...

 

My 4 year old was ill (I can provide proof of this).

I was unable to get medication for depression and anxiety before that point because of this

, and, due to a recent relapse, felt it important to get it

 

There was no manager to ask for permission, and my collegue said he was happy for me to go.

However, I was spotted in town and reported.

 

I totally accept this, and was probably naive, but it has become common practice for staff members to leave for "spurious" reasons

- eg, coffee - and so I'd felt this was ok.

 

They are also stating leaving the shift 10 minutes early.

Again, agreed with colleages, and again, this has become common practice, with staff members leaving up to 20 mins early!

Again, I think I was naive, but I'd also left an ill child in the care of my husband,

who they are aware also has personal issues, and there was no manager to ask.

 

Just preparing myself - I struggle with anxiety so preperation for me is crucial!

 

I should just add my last appraisal was glowing so I definitely have a good record...

[Emmzzi]

I would expect a chat about timekeeping and standards and for you to have to keep your nose totally clean for the next 12 months.

[lg1984]

is this something they may be likely to do a written warning for? Am desperately trying to get out of the place, so don't want it on record, though it's not the end of the world!

[Conniff]

If you want out then you only have to hand in your notice.

[lg1984]

Sadly, without a job to go to and as a low income family, it ain't that easy!

[Conniff]

That makes it sound as if you want dismissal so you can claim benefits.

 

He could sack you for gross misconduct ie theft, unless you clocked out or signed out on a timesheet when you went shopping/left early.

Give you a written warning.

[lg1984]

not in the slightest - sorry if that was unclear. I'm hoping to resolve this amicably so I can work well whilst here and if a new job comes, can leave well.

 

I'm aware I've mucked up, but I'm actually really scared of dismissal.

[Emmzzi]

so the procedure is investigation, then invitation to a disciplinary, then an outcome letter.

 

how long have you worked there, and when you say everyone leaves early etc - do they really?

[lg1984]

You're right, that was a blanket statement. Hmm. So, it's not every day. But maybe once a fortnight or so, someone will go 10 mins early for whatever reason, without asking. It's certainly happened to me a few times where a colleague has left early without asking manager when I'm on staff. Like I said, I was naive...Just because they did it doesn't mean I should have, but it's not unheard of at all, and no one has ever been disciplined. Does that make more sense?

[lg1984]

Worked there just under two years...

[Emmzzi]

how long have you worked there?

[lg1984]

Just under 2 years

[Sidewinder]

Just under 2 years

 

You will no doubt appreciate that with less than two years service you have only limited protection - so long as it is not for a 'protected characteristic' - and I see none here - the employer could dismiss with little comeback. I think this may be unlikely though, but it is very important that you go into any meeting very well prepared.

 

The childcare issues are very important and you need to be very honest that whilst it should not be causing a problem, there have been occasions where these have caused some degree of lateness. You need to seek a way around these, either by making an alternative provision where possible or by looking at a more formal change of start time - a flexible working request perhaps?

 

Similarly, the issue over absence when your child was ill needs to be disclosed and you should emphasise your state of mind, not only over the illness itself and the obvious worry there, but also that you needed treatment yourself.

 

With regard to leaving early, it is little use saying that 'everybody does it' unless you can give examples. Who else does it? How often? Who agreed that they did not have a problem with the odd 10 minutes here and there? This may not make you popular with colleagues as it may well be monitored and clamped down on. Although the employer may take this into account, the fact is that you have been singled out so it is you that needs to explain your actions, not others their actions at this stage. You need to make the case that as a relative newcomer, you were led to believe that it was accepted practice, rather than it appearing that you were simply taking time off to which you were not entitled.

 

So - a bit of a mix of apology and explanation is required. Hopefully your work itself is such that you can emphasise your value to the employer and that a lesson will have been learned if they permit you to stay.

[lg1984]

Thanks so much, that really helps and has given me a lot to think about.

 

The shifts where there were childcare issues were ones outside my normal pattern, I'd agreed to help them out due to staff shortages. So I think there I will have to apologise for not communicating that was an issue, and to stress that I'm still happy to change shifts if it helps but might need an extra 10 mins.

 

I think the health thing is relevant, but I can see what it looks like to them...and to be honest, would have thought my employee was taking the pee on the evidence they have on this point. So will have to be clear as well as apologetic. Hmm. Got some days to make notes there.

 

Thanks again. You've helped me think through some of the issues and the best way to approach them. I think, honestly, I've been a naive idiot all round, but they have always been considerate in the past, and my record is good, so I'm hoping a warning will suffice. Going to be unpleasant all round, but hopefully not dismissal.

[lg1984]

Will it also help if I can show what steps I've made to avoid issues in the future? For example, and before they asked me to meeting, I set up medication delivery, made up the lateness (and more), and arranged early pick up,for my son to mean I got into work earlier. Does that sound relavent? I just want to show I do take it seriously.

[Sidewinder]

Yes - in my opinion it is always positive to demonstrate that you have made an effort to address the problem where there clearly is something that was wrong in the employer's eyes.

 

Similarly whenever hearing disciplinary meetings I was always impressed by an employee who apologised for there being a need to hold a meeting. One chap made a point of asking to speak as soon as the meeting started to read a statement. It went along the lines of 'before we start I would just like to say that I am embarrassed to find myself here today and for taking up your valuable time. I have always considered myself a good employee and sincerely hope that you permit me to remain so once this meeting is concluded'

 

they have always been considerate in the past, and my record is good

[/Quote]

 

That is a good point to emphasise.

 

Sometimes it doesn't pay to argue, but to explain and ask for help in overcoming what can be overcome, whilst promising faithfully to correct behaviour which is clearly wrong.