Misconduct appeal help pls

[Fiora12]

Hi

I was sacked on 3 counts of miss conduct at the beginning of the month and have just received my appeal date for Wed.

 

 

I was sacked for

eating at the counter

use of mobile phone and

leaving a security hatch open .

 

 

I was asked if I was aware of these policies I agreed as I was told verbally about them .

But as others including people with a higher rank did this I just followed suit .

 

 

They showed me the cctv of me using my phone

which I was using to get a verification code

to sign someone up to one of the loyalty cards

 

 

the initial investigation was also for fraud .

once I explained what I was doing they dropped the fraud .

 

 

My argument is

if that was dropped then they accepted the use of my phone being used .

Acas have said this too .

 

 

The eating part

I was given some chips at the counter by a co worker

who can be seen on cctv with me tucking in to.a burger

as far as I'm aware no action has been taken on her.

 

The issue with the security hatch

myself and colluege both walk from the counter leaving hatch open

but again I don't think they have approached her.

 

When I went for the hearing I had asked days before if I could take a friend who.is a recognised union rep

and was told this wasn't allowed .

when I asked for my work colleague I was told she couldn't do it as she had to open the shop

 

. On arrival of the hearing

the csm asked me where my friend was

I asked did he mean the rep

he said yes.

 

 

I told him I wasn't allowed

he said oh yes I remember now.

 

 

I feel like I've been victimised and singled out

my confidence has taken a massive blow

I'm not sleeping and eating .

 

 

I want this taking off my record I have had a clean slate since leaving school .

 

 

I have worked for this company for 3 months exactly giving up a full time job to better myself to be jobless .

Any advice will be much appreciated

Edited May 29, 2016 by Fiora12

[caro]

Have you received a copy of the disciplinary procedure, and if so, has it been correctly applied?

[Fiora12]

Have you received a copy of the disciplinary procedure, and if so, has it been correctly applied?

 

Got a copy will dig it out as I don't think it was . Will reply before dinner.

[BazzaS]

Got a copy will dig it out as I don't think it was

 

Not applying their own policy would be a basis on which to make an appeal, but at under 2 years of service they can end your employment without giving any grounds (provided they aren't dismissing you due to a "protected characteristic" such as gender, age, race, religion, pregnancy or sexual orientation).

[becky2585]

You could just argue that you're entitled to your one weeks notice pay as it isn't gross misconduct. Other than that, there isn't much you can do.

[Fiora12]

Not applying their own policy would be a basis on which to make an appeal, but at under 2 years of service they can end your employment without giving any grounds (provided they aren't dismissing you due to a "protected characteristic" such as gender, age, race, religion, pregnancy or sexual orientation).

The only thing I can see in the booklet is that I could take any union rep coral union rep or co worker and I asked for another union rep to attend an was told sorry it has to be a coral rep and then also my co worker was opening the shop it states that a colleague will be allowed reasonable paid time off from their duties to act as a rep ..

 

Also in my dismissal letter it states you were given warnings previously about your conduct and if it did not improve it may lead to disciplinary action.

I since spoken to my manager asking for copies of any warnings given and she looked miffed and said you have had none .

 

Also the original accusations were mobile.phone usage

Eating at the counter

Fraudulent sign ups which was dropped.

The security hatch was a new accusation it was discussed in the fact finding interview but on my statement I was given it states just mobile phone and eating

Edited May 30, 2016 by Fiora12

[steampowered]

I want this taking off my record I have had a clean slate since leaving school

Don't be worried about that. The idea that there is a 'record' seen by other employers is a bit of a myth. Future employers won't know anything about your past employer unless you tell them, or the old employer gives a bad reference. These days most large companies just give neutral references only confirming the dates of employment and job title.

[Fiora12]

Don't be worried about that. The idea that there is a 'record' seen by other employers is a bit of a myth. Future employers won't know anything about your past employer unless you tell them, or the old employer gives a bad reference. These days most large companies just give neutral references only confirming the dates of employment and job title.

 

That's good to know as I am waiting until it's over to apply at hospital and they cehc employers back 3 yrs . I just don't want to go in to the meeting unprepared. I would ideally like my job back until I can get another