manager/misconduct investigation - But he's not independent or capable - now Summary Dismissal

[cobradks80]

I work for a small charity in which I am the only paid employee.  The only other staff on the charity is my boss, everyone else works as a volunteer.  

An issue has been raised regarding something I am alleged to have done.  I went into work Monday morning three weeks ago to be told to go home and not come in until they told me otherwise.  Then I get a letter a few days letter telling me I have been invited to an investigatory meeting about an allegation.

I went to the meeting and got ambushed by my boss.  I was told very little in the letter and in the meeting he threw a number of accusations at me.  

He has now sent me a suspension letter with number of spelling mistakes including the name of the charity spelt wrong.  He is saying I have broken policies and guidelines which don't exist (or at least I've never bee shown or even knew existed).  He is so out of his depth it's shocking, he is literally writing policies as we speak and sending them to me including the Disciplinary Procedure which he wrote a few weeks ago.

I have worked there for less than 2 years so I don't really understand why he hasn't just sacked me if he is that bothered, but I feel he is trying to cover up his own short comings by blaming me.

Do I wait till the hearing and then explain how biased and badly done the investigation is?  The board of trustees are all his mates so I can't imagine I am going to keep my job (not that I want it know) but the accusations are really serious and I don't want this hanging over me.  

  

[Nicky Boy]

Welcome to CAG.

Tagging @Emmzzi

Our resident expert on these problems.

[Emmzzi]

Hi,

what outcome are you looking for?

In the absence of a policy many organisations would use the ACAS guidelines.

However - is there reasonable evidence that you did not do the thing you are suspected of?

Don't obsess over spelling mistakes. That's trivia.

[stu007]

Hi

Exactly what were you accused of? have they classed it as either Misconduct or Gross Misconduct?

Have you been Suspended with or without Pay?

Have you wrote to the Employer asking for a Copy of the following?

Policy and Guidelines they are referring to?

Disciplinary & Grievance Policy & Procedure?

(You need copies of the above to ensure they have followed there own Policies/Guidelines/Procedures

link of interest for you:

Disciplinary and grievance procedures | Acas

WWW.ACAS.ORG.UK

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How workplace disciplinary and grievance issues should be handled.

 

[Mycathasfleas]

Ex staff association rep and debt adviser here. The very capable expert members will give advice which I won't repeat. 

From dealing with this in the past, I found that offloading some of the work helps clients a lot. First port of call, Union Rep if you have one. If not then look at your house insurance and see if it also provides employment dispute assistance. Many do. 

A trusted and able friend may help. The objective is that someone else does the communicating. They are not wrapped up in the issue and will keep to the point when dealing with the employer. 

 

That relieves some stress for you and removes personalities from a resolution. 

 

Good luck 

[cobradks80]

there has been an investigation against me at work over the last month.
The investigation has been concluded and I received a Summary Dismissal this afternoon

Problems:
I was told the investigation would lead to a hearing, this has been bypassed and gone straight to dismissal.

In the letter the name of the charity is not the correct name, not even a typo, totally the wrong name.

I was told there was a second meeting going to happen and got asked to agree to a date.

Then i complained about the person running the investigation and a day later no mention of the meeting and I'm sacked.

I want the evidence against me as I believe it is total rubbish, that's why I wanted a hearing.

Can I insist on this?

What do I do about the letter with the wrong company name?

Do I have ground for unfair Dismissal?

I've been there less than two years and they were investigating me, but literally a day after I wrote a formal complaint against the CEO (person doing investigation) including the fact I was writing a report to the charity commission, I get sacked.
 

[dx100uk]

threads merged and retitled

dx

 

[stu007]

Hi

Have they informed you why they have now dismissed you?

When you say you were writing a report to the Charity Commission was this in fact you whistle blowing on said Charity?

If you wish to appeal this decision you must take action urgently to get you appeal into your employer

Appealing a dismissal - Appealing a disciplinary or grievance - Acas

WWW.ACAS.ORG.UK

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Things to consider before appealing a dismissal and what can happen if your appeal is successful or unsuccessful.

 

[Kyosanto]

Quote

what outcome are you looking for?

In the absence of a policy many organisations would use the ACAS guidelines.

However - is there reasonable evidence that you did not do the thing you are suspected of?

Don't obsess over spelling mistakes. That's trivia.

 

 

Quote

Exactly what were you accused of? have they classed it as either Misconduct or Gross Misconduct?

Have you been Suspended with or without Pay?

Have you wrote to the Employer asking for a Copy of the following?

Policy and Guidelines they are referring to?

Disciplinary & Grievance Policy & Procedure?

(You need copies of the above to ensure they have followed there own Policies/Guidelines/Procedures

 

It would be helpful to answer all the questions you were previously asked, and did not answer, so that people can actually help you.

There is a hint of possible retaliation in your story, but without the details it's impossible to tell.

Regarding the wrong company name it's anecdotical at best... unless you really want them to send you another dismissal letter with the proper stationary this time, best to focus on the meat of the matter and not the form.

[cobradks80]

Sorry everyone, as you can imagine everything is going crazy and I am having a hard time with it all.

To answer some questions:

I believe I have been made a scapegoat so as to cover over the failings of the charity.  The orginal thing I was accused of would have been gross misconduct, this has not be proven, mainly because it didn't happen.

During the investigation, other stuff was discovered (apparently) and that is now what they are using to justify my dismissal.

The outcome I want now, is compensation for the awful treatment they have put me through and frankly the total joke of an investigation they have run.  

I am still going to the charity commission. 

During this process I was requesting policies and guidelines, which have shown to me that the charity is not being run correctly. 

I sent a letter with all the details to the trustees but they have ignored me and like I said the next day apparently everything was completed and I've been sacked.

[Nicky Boy]

On 20/12/2023 at 07:43, cobradks80 said:

The orginal thing I was accused of would have been gross misconduct, this has not be proven, mainly because it didn't happen.

Doesn't need to be proven. They just need to have a "reasonable belief" that it happened.

On 20/12/2023 at 07:43, cobradks80 said:

During the investigation, other stuff was discovered (apparently) and that is now what they are using to justify my dismissal.

This is exactly what an investigation is for... Factfinding.

However, they are obliged to follow their own policies or ACAS guidelines to do all this. Did they? (You can look it up on ACAS website).

Having said all this, I'm not sure that  much can be done, because I believe you need two years service to have any protection, which you've already alluded to.

On 01/12/2023 at 10:15, cobradks80 said:

I have worked there for less than 2 years so I don't really understand why he hasn't just sacked me if he is that bothered, but I feel he is trying to cover up his own short comings by blaming me.

 

[Emmzzi]

Agree: unless you believe your dismissal was due to a protected characteristic - and it sounds like that is not the case - then at this point the best revenge is  to move on, be happy, live well...  do not let this eat you up!