Problem at work - Won appeal - What now

spud30

Can anyone help?

I have been having huge problems at work over the last year or so.

Basically we have a new broom and she wants to sweep clean.

I have worked at the same place for 22 years, but unfortunately she has found a reason to sack me for gross misconduct. I have been suspended on full pay for the last four months.

It has all now come to a head and I am due to attend a disciplinary hearing next week. My question is do I resign or wait and get dismissed?

I have over £30k of unsecure debts and I am, or was the main earner of the family.

Obviously we will need to enter into a DMP but I dont know if they would look at it too kindly if I resign. On the other hand, I would struggle to get another job if I am dismissed.

When I enter the DMP, could I just say that I have lost my job or would they expect more details?

So, if you were me, would you jump or wait to get pushed?

Apologies if this is in the wrong place, but I know how helpful and supportive you lot are !!

In_Search_Of_Me

Hi and sorry to hear that this has happened. Do you feel comfortable saying what it is that she "got" you on? If it is grounds for dismissal is there evidence? I really think that you should at least get advice from CAB as resigning will affect benefits etc and eligibility. Personally I would also be getting legal advice about the options...employment law is quite complex and there may be options avialable - length of service should count for something!! Also if you quit thats it but disciplinary may find in your favor...are you in a union? If so can someone come to be an advocate/support for you? The main thing I think is to get some professional advice based on your individual circumstances (which I understand you may not want to post on here but hard to comment without specifics!)..not sure of that helps? Also get advice from payplan/cccs in the meanwhile...

tesuhoha

I suppose it depends on how unfair her accusations are.

lynzpower

I think really, this is the rub. Gross misconduct is about as serious as it gets. What did you do? Or not do? I would hang on to the end, at least you have some money coming in.

spud30

I havent actually done anything.

My face no longer fits and they want rid.

Some paperwork has gone missing, and as head of department, I'm deemed responsible.

Lewby

Hi. Sorry to hear about your situation. I agree with fishface, it is difficult to know which way you should play it without out knowing what the offence is, whether it is a first offence, whether there is evidence, have you admitted it and what type of business it is you are in.

If you have been suspended on full pay for 4 months then I assume that it is pretty serious. You are right about the difficulties you will have regarding other employment if you are dismissed, but if you resign any reference will reflect the fact that you jumped before you were pushed.

Resignation will also affect your benefit situation. You do need to take someone with you to the disciplinary hearing and I do think you should seek some legal advice, even if it is only ACAS. It is their job to mediate between employers and employees to try to reach a compromise. I can't believe that the company would just want to get rid of you after 22 years unless they are planning to shed jobs anyway.

If it is a first offence then you should get a warning rather than dismissal. It is only if the company believe that there is a serious risk to other employees or customers or you have so seriously breached company policy that it is irrecoverable in terms of trust that they should take dimissal as the first remedy. Have you challenged the issue at all?

A bit more info would be helpful. I am a qualified HR Professional and if I were the employer I would want to make sure that I had a concrete case before dismissal was my course of action. Otherwise you could make a case for constructive dismissal in that you believe that she has an agenda to get rid of you as she feels you would be a threat in some way. You would have to lodge a grievance about the way that you have been treated first and then go down the road of tribunal but you can only do this if you feel that they have been unreasonable in dismissing you.

Hope this helps.

Lewby xx

mountainofdebt

I really do feel for you .....posted about problems that I'm having at work at the mo and it really does affect you doesn't it?

Personally I'm applying for anything and everything that I feel that I would enjoy doing...fortuantely I would be happy doing ANYTHING so long as it was away from where I am currently working.

I think at this late stage of the game it might be an idea to concentrate on your 'defence' - even if they did find you 'guilty', they might let you resign rather than sack you as has previously been said, you may have a case for constructive dismissal.

As I said I do feel for you, being sort of in the same boat.

spud30

Thanks mountainof debt,

I have been offered a part time job, so I know what I will do next.

We should get by with the increased tax benefits and my little income, as long as my creditors accept a DMP.

My job was extremely stressful and I can't say I would ever want to go back. Apparently I am a much nicer mummy now !!!

wannabedebtfreebeth

Is any of your debt and or mortgage protected by insurance? If so this will only be valid if you are dismissed and maybe not then if they can make the misconduct stick - looks to me as though fighting it will be best all around - also good for your self esteem to not give in to such tactics. Good luck!!

spud30

Hubby's wages will cover the mortgage and the other priority bills.

Unfortunately, no insurance to help with the rest.

I firmly believed I had no way of fighting it, but some fantastic advice from the good people on here has given me some hope of clearing my name.

OberonSH

Have you contacted ACAS? They're the body set up to deal with this sort of thing. They can advise you on this matter.

Hopefully you have some evidence of this constructive dismissal, try to get copies of any paperwork that might help your case.