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

jaffacakes82

If you've been signed off they should postpone the meeting. Your doctor has deemed you unfit and mentally unstable to work (this goes for any Disciplinary Hearings). If you're signed off you're legally not supposed to enter your work place and they are uninsured if something happens to you whilst on site. It's only 2 weeks, you're hardly pulling a farce with a sick note of 3 months or something.

I would write a letter to them stating in regards to your doctors advice and subsequent sick note you wish the Meeting to be postponed to 2 weeks time, include the sick note (get it photocopied 1st!) then send it as early as you can tomorrow from the post office with guaranteed delivery on Monday morning. Then email HR and inform them that you have sent the sick note to them and await their response of a new date.

In regards to richardc1983 although you pribably think you're helping, please leave the medical advise to the OP's doctor.

MuckyDucky

Further to what JaffaCakes has posted, I would like to add OP that your HR Department are being very clever in their e-mail to you saying I suggest that we continue with the arrangements already made for Monday. They've not decline your request for postponement, nor have they insisted you come in, just covering their backs for any future tribunal action if you attempted to claim they forced you to that meeting.

aj2703

Anihilator wrote: »

Tbh I would suggest you attend. Its really in your interests to resolve it quickly.

If you start delaying them with sick notes etc no matter how genuine the sick note is it wont look good and makes returning to work later a lot more difficult.

I agree. If you wait the two weeks you are signed off, you won't feel any better then you do now. Probably worse infact as you have another two weeks to think about it. Go in Monday, get it over with. I seriously believe nothing will come of this except a warning at most. And if it worse happens, deal with it then.

u264047

Anihilator wrote: »

With stress though 2 weeks almost normally turns into 2 months then 6 months and basically always tends to end either when sick pay cuts off or they are dismissed.

The office was closed over xmas, there would have been more wrong imo with special opening for an discliplinary than waiting.

I would suggest you reply along the lines of

" My GP feels that this hearing at this stage could be greatly damaging to my health and that the 2 week break is urgently required. In view of this that would be my preferred option.

However like you I am keen to conclude this matter ASAP, therefore, if you feel that it can be conducted without worsening my medical condition I am willing to attend on the condition that should I deem it necessary at any point due to my illness than I can leave immediately without any prejudice to either party and the matter can reconvene at a time my GP deems suitable"

This way your not saying no but they would be stupid to make you come.

Thanks Anihilator, I have replied to her email with what you typed almost verbatim.

You really think they will insist that I attend?

Matt

robredz

u264047 wrote: »

Its only a 2 week sick note.
To be honest what did they expect when they prolonged this matter all over the xmas/new year period.
While they were all out getting wrecked and having a fantastic time, I was sat at home not going out trying to save as much money as possible in case thats my last paycheck...

I truly am not well at the moment and as the doctor suggested it may give me time to get my head in the right place to be able to fight this thing to the best of my ability.

I know what you're saying though. It looks bad.

As the doctor has signed you off on mental health grounds due to stress caused by them if they insist on your attendance I think they would be opening the trapdoor underneath their own feet imho. Others may know more, If you follow the Anihilator's initial response and go "to get it over with", you would not do yourself any favours, and the 2 weeks could allow for reflection and reconsideration on their part, and for yourself to better prepare your case, which seems to be his advice in a later posting, and the email should not do any harm at all, in fact do them harm if they become insistant, Make sure you keep copies of all their replies with time and date, as if they keep hassling you during the 2 weeks, they will look bad later if you need to go to tribunal (hopefully not)

aj2703

robredz wrote: »

As the doctor has signed you off on mental health grounds due to stress caused by them if they insist on your attendance I think they would be opening the trapdoor underneath their own feet imho. Others may know more, If you follow the Anihilator and go "to get it over with", you would not do yourself any favours, and the 2 weeks could allow for reflection and reconsideration on their part, and for yourself to better prepare your case.

I would argue differently, but as the op has already sent the mail off, it's not worth talking about.:D

bristol_pilot

I don't think the email from your HR department is an acceptable response. I think you should reply and politely but firmly insist that the grievance is investigated as a separate matter. Whilst both the disciplinary and the grievance originate from the same event, the disciplinary concerns YOUR alleged behaviour whilst the grievance concerns another person's behaviour. A proper investigation could well require interviewing different witnesses.

Although I advised against taking time off sick, it is done now and as you are genuinely ill it can't be helped. The 2 weeks could be usefully employed gaining further legal advice - maybe an injunction or 'letter before action' lobbed in the direction of the sales manager.

u264047

bristol_pilot wrote: »

I don't think the email from your HR department is an acceptable response. I think you should reply and politely but firmly insist that the grievance is investigated as a separate matter. Whilst both the disciplinary and the grievance originate from the same event, the disciplinary concerns YOUR alleged behaviour whilst the grievance concerns another person's behaviour. A proper investigation could well require interviewing different witnesses.

I agree, I also do not find it an acceptable response, however, seeing as it took her 6 hours to reply to it... I think she will have fully researched it and ran it by her boss.

I'm falling down at every damn hurdle at the moment, i feel so powerless to defend myself its infuriating.

Anihilator

u264047 wrote: »

Thanks Anihilator, I have replied to her email with what you typed almost verbatim.

You really think they will insist that I attend?

Matt

Nah not a chance

If they do then they have basically guarenteed you grounds for appeal/tribunial.

They would not change their mind re a discliplinary, so at most the 2 weeks will give you time for legal advice and tbh until they make a decision this is of limited use. You really need a decision first before you can decide where to go next.

DVardysShadow

u264047 wrote: »

I can't do this, it would prove that I have been associating with colleagues during suspension. Which I am not allowed to do.

Good idea though.

I cannot see a problem with it once the matter is outside of company procedures. Perhaps your partner could look after it?

After all, you do have a right to any evidence in your favour.