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

u264047

ckerrd wrote: »

That was a bit rash considering you asked for thoughts

I wasn't thinking!!!!! Sorry.

rupee99

Zazen999 wrote: »

To establish whether a dismissal for gross misconduct was fair, the tribunal will consider a range of factors, including for example:

• if the employer had a genuine belief in the employee's guilt
• if it was reasonable for the employer to hold this belief as a result of it’s investigation
• the extent of any investigation
• the information given to the employee prior to any hearing
• whether the employee was entitled to be accompanied by a work colleague or trade union representative
• if the hearing was chaired by someone who was impartial
• Whether the ACAS Code of Practice was followed

It is about the belief, not about proof. They do not need proof; just to show that they believe it to have happened.

None of this is helping the OP though!!!

There is nothing incorrect in the things that will be considered; however it seems that you, and others, forget that any Court or Tribunal in England and Wales is governed by the fundamental principles of Common Law i.e. that the standard of PROOF required to establish a case in civil law is the Balance of Probabilities (alternatively known as the preponderance of EVIDENCE). It is up to the person committing the act (in this case the employer making the decision to dismiss the employee, should that happen) to establish that the balance of probabilities exists, it is not up to the other party (the employee) to establish that it doesn't.

I also disagree that it is not helping the OP. If he were to listen to the views of certain posters he might believe that they could make a statement and rely upon it without having to justify it.

Anihilator

rupee99 wrote: »

There is nothing incorrect in the things that will be considered; however it seems that you, and others, forget that any Court or Tribunal in England and Wales is governed by the fundamental principles of Common Law i.e. that the standard of PROOF required to establish a case in civil law is the Balance of Probabilities (alternatively known as the preponderance of EVIDENCE). It is up to the person committing the act (in this case the employer making the decision to dismiss the employee, should that happen) to establish that the balance of probabilities exists, it is not up to the other party (the employee) to establish that it doesn't.

I also disagree that it is not helping the OP. If he were to listen to the views of certain posters he might believe that they could make a statement and rely upon it without having to justify it.

Maybe so but justify isnt the same as proof.

In this case they could have 2 statements (his and managers) and go but the OP has a history of being an !!!!!! hence we chose to believe the manager over him. All the better if the manager has more service etc.

pickledonionspaceraider

op - i hope you get your name cleared, i feel so sorry for you. hope u dont think im being picky, but i would mention the fact you had a cold in the email. send the email with the 'read receipt' activated also, and you can save them to show this has been viewed.hope you get some peace from this soon

ckerrd

u264047 wrote: »

I wasn't thinking!!!!! Sorry.

At least you will have given your employer something to think about.

Do let us know when you get a response

ckerrd

pickledonionspaceraider wrote: »

op - i hope you get your name cleared, i feel so sorry for you. hope u dont think im being picky, but i would mention the fact you had a cold in the email. send the email with the 'read receipt' activated also, and you can save them to show this has been viewed.hope you get some peace from this soon

The email has been sent.

And it is very easy to read an email without activating the read receipt

richardc1983

u264047 wrote: »

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...

You was told to raise your grievance before xmas by many people on here how come you didnt do this?

aj2703

richardc1983 wrote: »

You was told to raise your grievance before xmas by many people on here how come you didnt do this?

Probably with the shock and disbelief anything more would actually happen, he didn't bother. But he's done it now. That is all that matters

danio_2

ckerrd wrote: »

The email has been sent.

And it is very easy to read an email without activating the read receipt

Which is why I always use msgtag

bristol_pilot

OP - I think your letter is pretty good on the whole. I've just been on an (anti-) bullying course and the sales manager's behaviour would seem to be a 'classic' example of such behaviour.

If no reply to your email, you can always send it again with the read receipt switched on. Not that I think it will be ignored, the Company appear to be investigating 'by the book'.