Advice needed please - Interview with police on Tuesday

sexyeyes83

LinasPilibaitisisbatman wrote: »

stop being awquard.

Ask them to arrange a taxi or train fare etc and travel to the location.

Bare in mind you are still on paid suspension so in essence they are paying for your time

Helpful as ever :rolleyes:

That maybe so, however 60 miles away is not my work location.
Im not being awkward, just asking for them to be reasonable.

sexyeyes83

cathryn107 wrote: »

:mad: What a %$£%^!!!!!

:mad: What a double %£!*&!!!!!
Hmmmm, so he's judge and jury and he's found you guilty has he? He's prejudged the outcome of the enquiry? I'm sure the person from Croner will be delighted to hear that. They need a blow by blow account of this conversation.

Umm, he's such an employment specialist he's had to hire an external firm to advise him!

60 miles is totally unreasonable, and you're right. But I bet that he's gagging for you to refuse to attend. I would really think carefully about this and show that you're willing to put yourself out. Be a complete saint through all of this. Not fair, but....

Nope, don't let them grind you down. You've done nothing wrong and they have no evidence against you. You are caught up in a horrible situation not of your own making, and can't look at this dispassionately.

Thanks cathryn,
Im guessing you was typing your first reply as I was the one above. Unfortunately there is no way I would be able to email the MD. I dont know his email address and he's not they type of person to use email.

Ive been careful how I worded it when I spoke to him. Im not refusing to attend the meeting as I want to get this sorted as much as he probably does, however I just said I would attend the meeting at a reasonable place. Apparently its being held at head office as this is where the croner person wants it help. Im guessing so he dosent have to pay them to travel there and back and also for their extra time.

I also asked for a copy of the companies grievance policy. He said "you was given one when you started". However the local managers make all staff sign and then put it in their file. when I explained this he said "Well you should have made a copy, its not our job to give you a copy" - However he said he would send one out in the post.

It looks like he has already made his decesion to fire me, and another part of me thinks thats why he is holding the meeting 60 miles away. In previous letters he's put its part of my suspension to attend all meetings. Failing to do so will result in discplinary action. This is why I phoned up an employement soliciator first to find out where I stand.

When I mentioned this to the employement soliciator he said "It sounds like their digging their own grave."

Heard nothing back from the police yet, got to return back to the police station next Tuesday. The sooner all this is over and done with the better. Bring on 2010, as 2009 has been a pretty crap year!

cathryn107

sexyeyes83 wrote: »

Thanks cathryn,
Im guessing you was typing your first reply as I was the one above. Unfortunately there is no way I would be able to email the MD. I dont know his email address and he's not they type of person to use email.

Sorry, my reply did pass yours. Can you either email the person who set up the meeting, or better still ring the MD's PA for it (just go through switchboard)? Even if someone is an email hater, as head of a company they will have some email contact address. Or use the PA's email contact. Just get something in writing to HQ.

It looks like he has already made his decesion to fire me, and another part of me thinks thats why he is holding the meeting 60 miles away. In previous letters he's put its part of my suspension to attend all meetings. Failing to do so will result in discplinary action. This is why I phoned up an employement soliciator first to find out where I stand. When I mentioned this to the employement soliciator he said "It sounds like their digging their own grave."

Yep, think your solicitor might be on to something! The MD may well have made a decision to fire you. He may even do so but that doesn't mean that he can legally get away with it. Interesting that he's made attendence a disciplinary matter - perhaps he's trying to manoeurve you into a tricky situation? Which is why you've got to be saintly. Like this :A

Heard nothing back from the police yet, got to return back to the police station next Tuesday.

Where I'm sure you will be informed that there absolutely no evidence and no action will be taken against you. Which will put your boss in a tricky situation!

Whilst you have to be wary, meeting the employment specialist might work to your advantage. If you go in with a timeline of what's happened (and write it down as you won't remember it all under pressure), with all the stuff that's happened today, and the earlier browbeating to 'confess' and the pre-judging of your guilt etc etc the employment specialist won't be impressed. They're hired to make sure the firm sticks to the law and doesn't end up losing at tribunal. That covers constructive dismissal (where the employee is treated so badly they feel compelled to leave) as well as unfair dismissal. They are not going to let the employer carry on as he is now.

lili2008

Just to echo Cathryn, itis vital that you keep detailed records of phone calls and a complete timeline with as much info as possible. I'd also agree it's a very good idea to attempt to email records of phone calls etc to them. They can't deny receiving them and it won't look very good on them if they haven't responded. I also think it makes you look like you mean business. From what you say, your boss is a terrible bully and bullys get worse if they think you're weakening.

Well done to you. Keep calm and business-like, then take them to the cleaners.

sexyeyes83

Thank you all for your replies, they really are appreciated.

The email option does seem like a great idea, however I honestly dont think it would work. If I contact the head office they would want to know to many details before I send out the email etc. Im going to however put things in writing and send either recorded or special.

Once I have received the letter he has apparently sent, i'll be able to sort out my reply. On the phone he finally said that it is a disciplinary meeting, in which case it should be in writing and not made verbally. In which case even if I dont receive the letter until Wednesday, it wont allow me reasonable time (one day) until the meeting.

Direct.gov says

If your employer is considering disciplinary action or dismissal, their first step should be to write to you setting out the complaint made against you. This letter should contain enough information about your alleged misconduct or poor performance and its possible consequences so that you have the opportunity to prepare a reply or an explanation before the meeting.

Once your employer has contacted you in writing, they should also arrange a meeting at a reasonable time and place to discuss the issue. Your employer cannot take any disciplinary action before this meeting.

I'll reply along the lines of -

Thank you for your letter dated xx/xx/xx which I received on xx/xx/xx.

I am willing to attend this meeting, however under employment legislation you have failed to advise me of this meeting in reasonable time.Current legislation states

Once your employer has contacted you in writing, they should also arrange a meeting at a reasonable time and place to discuss the issue.

As my place of work is in the XXX office and this is where previous meetings have been held, I find it unreasonable to ask me to attend the xxx office. I would also like to point out that if my work requires me to attend diffeernt work locations, this should have been stated in my original contract as quoted below.

Information which must be included in the terms and conditions of employment:

• Your place of work, or if you are required to work at various places, an indication of that fact, togetherwith the address of your employer.

If you are unable to reschedule this meeting at the local office, I am willing to travel to the meeting at xxx however would require reimbursent of travelling expenses at £0.40 per mile. I would also require reimbursent of any parking required whilst attending this meeting in which I can submit the parking ticket for your inspection. If this is acceptable, Please can you confirm this in writing along with a date and time for the next meeting.

I was thinking of something along those lines. It shows I am willing to attend and also why I am unable to attend on Thursday.

sexyeyes83

No letter received in the post today, so I have drafted up the following letter which I will send via email and also via the post.
Although the MD does not have email, I will send it to the person below him who is also involved in the meetings.

In relation to our telephone conversation on the 1st June 2009, you stated that the meeting I was verbally asked to attend on the 4th June 2009 would be a disciplinary meeting.

As of today, the 2nd June 2009 I have still not received the letter advising me of this which you stated during our telephone conversation was posted on the 1st June 2009.

Should the letter arrive tomorrow, the 3rd June 2009 this will only allow me 24 hours to prepare based on the information you supply in the letter.

At this stage I would like to point out the Acas guide of practice which states:

If it is decided that there is a disciplinary case to answer, the employee should be notified of this in writing. This notification should contain sufficient information about the alleged misconduct or poor performance and its possible consequences to enable the employee to prepare to answer the case at a disciplinary meeting. It would normally be appropriate to provide copies of any written evidence, which may include any witness statements, with the notification.

As such I request that this meeting be delayed until I have received the letter and any evidence that may be included to allow me reasonable time to prepare for the meeting.

A copy of this email will be sent via Royal Mail.

Yours Sincerely

Once ive received the letter and seen its contents, I can then ask about the location of the meeting.

cathryn107

Looks like a really good email - all the facts and dates.

LinasPilibaitisisbatman

Since your on paid suspension what exactly is it that makes you think 24 hours notice isnt enough.

If you have nothing to hide I dont see why it is you seem determined to impede the process as much as you can.

wrangler360

LinasPilibaitisisbatman wrote: »

Since your on paid suspension what exactly is it that makes you think 24 hours notice isnt enough.

If you have nothing to hide I dont see why it is you seem determined to impede the process as much as you can.

Paid or not this is not enough time and legally you need to be given more than 24 hours notice to prepare for a Disciplinary hearing. My god do you every say anything useful or that makes any sense. Do you even ever comment on something you have any knowledge of?? get a grip

Sexy I would say definatly take someone with you I know you dont have a union but even a friend to take notes etc - you are entitled. There is legal procedures an employer must follow - I went through an unfounded disciplinary hearing myself and the person I took was a godsend - as it evened up the numbers. (feel free to pm I dont really want to go into it on a forum but they didnt follow procedures)

bitsandpieces

I'm not a lawyer but, if you want to keep a record of phone conversations, it's legal to record your own calls - isn't it?