help. Xmas do... suspected of doing DRUGS!!!!!!

Savvy_Sue

If you're thinking "I can't raise a grievance because I don't know the procedure', I'm guessing that's because you've never been given a copy of the procedure, OR that they don't have one. In which case look at the ACAS site for a model of what a grievance SHOULD look like, and get one in to the best of your ability.

poet123

I suspect you are feeling quite beaten down about the whole thing if you are entirely innocent. However, you must try to put those feelings aside and become pro active. Only you can take control and put your pov forward. You need to do all that has been suggested. Get a copy of the grievance procedures, see a solicitor, lodge a grievance and fight. Your whole future and reputation is on the line here, and if you dont fight for it ,no one else will.

pitkin2020

The whole grievance procedure should be in your company handbook, which my now you should have read atleast twice, not obly so you know how to start a grievance but also to make sure they are following the procedure.
TBH like others have said I think they want rid of you and even if you survive this they will be on your back looking for any excuse to start disciplinary action again. If it were me i'd hope for the sack then wipe them clean in the tribunal where it be viewed by people who are just a bunch of *******. Even if you win this do you want to return to such a company?? i'd be tempted (depending on your sickness pay) to take the maximum amount of sick time off with stress, then leave!!

u264047

rupee99 wrote: »

It is time that you started being pro-active and stopped feeling sorry for yourself.

As others have said if that is all the evidence they have then they are in a VERY weak position. Make your counter-claim against the manager.

Balance of probabilities will only apply in earnest apply once it gets to a Tribunal. The disciplinary proceedings are not covered by legal privilege therefore if someone has said something defamatory (and wrong) about you it is libel.

Unless you are witholding something from us these whole proceedings are farcical and its about time you took control of the situation.

I am not withholding anything from you guys, there's no point. In fact. i'd be more than happy to email one of you the witness statements I have scanned onto a MS Word document to prove this.

As for the Employee handbook, I never received one. We've also been taken over by a new company in the time i've been there.
I'm sure it would be similar to to the ACAS one, HR seem to do things by the book at my company. However even if I posted it today, it wouldn't get there until monday and it would be too late to help my defence in a disciplinary.

I have thought about getting a sick note for stress, I am more than sure i'd get one given my state of mind and appearance at the moment. But can't they just go through the motions and have the disciplinary without me if I did that. Besides I just want this whole mess to be over...

ckerrd

Don't post it - go and hand it in to them
Today.

aj2703

u264047 wrote: »

I have thought about getting a sick note for stress, I am more than sure i'd get one given my state of mind and appearance at the moment. But can't they just go through the motions and have the disciplinary without me if I did that. Besides I just want this whole mess to be over...

It seems like you are letting this get to you. Don't. Remember you have done nothing wrong. You need to channel your energy into clearing your name so you can return to your job. What you must not do is let your health suffer.

It is hard to gather the energy to act but you must do it. Some very good advice has been posted in this thread for you. But in order to help yourself you must take note. Start by doing what most have said and put in a counter complaint. By doing this and you kicking up a fuss i would tend to think that maybe the manager was wrong in his assumptions. By you rolling over and taking it so to speak, to me makes you look as you have something to hide. So put in the grievence now..!!

valos_mummy

And think about the next poor soul they try to kick out the door by attacking their character. If they get away with it once, they think they've got the green light to do it again. You need to show them it is NOT acceptable and FIGHT. As Mr.T says in the advert......get some nuts!!!

speedbird1973

I have to say OP - stupid and bizzare as this all seems - you need to put in your grievance against the manager! In all this time why haven't you? it's the one thing that puts a bit of doubt in my mind as to your innocence. I think realisitically you're just not thinking straight - but you do need to take control!

Anihilator

Lets put this into perspective. Ignore the whole victimisation angle, libel etc, its clouding the issue.

What your manager said to you also. It isnt wholly relevent to your case. Feel free to put in a grievance however dont cloud your own discliplinary with it.

The key issue here is what is the discliplinary for.

You seem to indicate

1) Perceived misuse of drugs
2) Attitude problems and threatening behaviour.

Now firstly bare in mind they dont need to prove any of this. Just have reasonable grounds to believe it.

1) They have statements suggesting you were taking drugs and also statements suggesting you offered people drugs although others think this was a joke. They probably would let this go.

2) Attitude and threatening manner - they seem to have plenty of statements which show a poor attitude and threatening behaviour - is this why they include the "infatuations" as well. Lots of different ways to be threatening. I suspect on this one they have enough to find you guilty. That brings it down to whether its of a serious enough nature to dismiss or just warn. For this it imo depends on your approach and any mitigation. On this I would suggest whilst not admitting anything you argue you didnt realise how it comes across, your a hard worker and will strive to improve and ensure your colleagues dont come to feel threatened if you come across wrong.

For all the talk of victimisation etc you are a victim of your own past behaviour whether intentional or not. If you decide to start fighting them you will end up sacked with imo very little further legal recourse.

Go in apologise and promise to change.

rupee99

u264047 wrote: »

I have thought about getting a sick note for stress, I am more than sure i'd get one given my state of mind and appearance at the moment. But can't they just go through the motions and have the disciplinary without me if I did that. Besides I just want this whole mess to be over...

No they cannot have the disciplinary hearing without you, it is a fundamental principle of natural justice that you must be able to defend yourself. If you produce a medical certificate the meeting will have to be postponed.

You are also entitled (in the ACAS "model" code of practice) to have a firend with you. This normally is another employee. If your company's procedure is the same, and a quick call to the HR department should confirm it, try and get someone who i) has a calm clear head, ii) was there on the night in question and iii) who knows you well and can counter argue the accusations. If you need a few extra days to arrange this ask for a postponement, they may refuse but if you are eventually dismissed it will count strongly against them at any Tribunal.