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

gordikin

Good luck with everything u264047.

robredz

Good luck, you could tell the panel at the new job, that you felt that your present position and the company structure does not allow you to contribute fully to the organisation, and you need a new challenge. If you are offered the other position, i wouldn't go for constructive dismissal, as this is far harder to prove at a tribunal, than unfair. The stress and time consumed pursuing it would likely impinge negatively on your new job.

u264047

Hmm, not all job specs are to be believed, it is quite a lot different from my current soon to be previous job... I think they want me though.

Current issue however is i'm really not sure what to make of the email HR sent me regarding the reconvening of the Disciplinary meeting. They did not state in the attached letter that any further inquiries had been made to try and "fill the holes" in people's statements.

Another thing is, in the initial letter it read:

"please be aware that this nature and level of misconduct is classified within the Disciplinary policy under acts of Gross Misconduct"

The letter I received attached to the email today read:

"Please be aware that this nature and level of misconduct could be classified within the Disciplinary policy under acts of Gross Misconduct"

Is this some kind of hope or am I reading too much into this?

it also states:

"We have reviewed the statement you submitted at the disciplinary hearing in more detail and therefore we would like to discuss this with you further at the disciplinary hearing prior to concluding an appropriate outcome."

What is there left to discuss, there is no evidence!!!!!!
If they have more evidence, shouldn't they make me aware of new statements etc before the disciplinary to give myself time to prepare a defence?

DirectDebacle said I should email them back immediately. He suggested that:

"Point out that the matter was adjourned for further enquiries to be made. Tell them you require to be informed of what those enquiries revealed and if they intend to discuss any matters not contained within the existing statements. I would tell them you do not intend to attend any further meetings until you know precisely what is going to be discussed and what new evidence, if any, they intend to produce"

I like this advice, unfortunately I picked this email up when the company had closed for the day. Nobody in on a weekend in the offices, and my Disciplinary is on Monday....

Looks like I have no choice but to face them and whatever they have to throw at me now all the Sales Managers mates have had time to regroup and come up with a version of events that makes sense.

I still have nothing to hide, I'm just scared that they're going to lie to save face.

mazinmouse

I haven't read all the preceding but I think maybe you can still go in on Monday and if they start bringing in new stuff you can say you need time to respond to it as they haven't given you the courtesy of advising there'd be new information. Even if you are prepared to be ambushed you can't actually go in prepared as you don't know the new information.

Or why not respond by email first thing on Monday - tell them you didn't pick up the email until too late and use directdebacle's response?

flexrider

PinkMascara wrote: »

Leave a line of sherbert on his desk Just for giggles

lmao and yeh grab a poloroid picture of it on his desk when he touches it- that should reslove the issue lmao,

Horace

You are still under the disciplinary process and as you said in your post you submitted further evidence at the previous hearing, the company has now reviewed this and want to talk to you about it - there is something to discuss..a way forward in this mess and getting all uppity saying that there is nothing to discuss isnt going to do you any favours, your job is on the line here. You do not know what the outcome of the disciplinary will be - if it is proven that you took drugs and thumped someone then yes they are likely to dismiss you but they are also likely to give a written warning depending on what they have decided to do based on your evidence and reviewing all the statements submitted by witnesses previously...they're doing what any good employer will do and they are giving you a chance to discuss things further before they make a decision.

If you go in with an attitude then you will get the sack there is no doubt about it. Sure you could delay and delay by refusing to attend the disciplinary and that will get you fired for sure because you are not following your terms and conditions of employment.

jaffacakes82

Horace wrote: »

..........if it is proven that you took drugs and thumped someone then yes they are likely to dismiss you...........

Since when did the OP thump someone?

If you read his post from the last meeting, HR are not pursuing the drug allegation, just threatening behaviour.

robredz

Horace wrote: »

You are still under the disciplinary process and as you said in your post you submitted further evidence at the previous hearing, the company has now reviewed this and want to talk to you about it - there is something to discuss..a way forward in this mess and getting all uppity saying that there is nothing to discuss isnt going to do you any favours, your job is on the line here. You do not know what the outcome of the disciplinary will be - if it is proven that you took drugs and thumped someone then yes they are likely to dismiss you but they are also likely to give a written warning depending on what they have decided to do based on your evidence and reviewing all the statements submitted by witnesses previously...they're doing what any good employer will do and they are giving you a chance to discuss things further before they make a decision.

If you go in with an attitude then you will get the sack there is no doubt about it. Sure you could delay and delay by refusing to attend the disciplinary and that will get you fired for sure because you are not following your terms and conditions of employment.

They seem to be trying to dig themselves out of a hole they fell into themselves, as if OP is to be believed, and WE are not here to judge, merely to try to help on the facts presented., HR have not followed good practice, or been fair and equitable, and are as cack handed as Will Hay's arrest of the Chief Constable in the classic "Ask a Policeman" imho Op should note all correspondence and submitted evidence, and ask to see new evidence or other statements that may differ from any that the DP was based on., just in case they are trying a fast one. If there is any new or changed evidence OP should ask for time to consider it, and take specialist advice again. I'm sure others may have some more pointers.

ariarnia

As it stands there has been one complaint of aggressive behaviour from one individual complaining about one incident which occurred (arguably) under provocation. The worst that should happen now is the op gets a warning and possibly retraining before he moves to a new company.

robredz

ariarnia wrote: »

As it stands there has been one complaint of aggressive behaviour from one individual complaining about one incident which occurred (arguably) under provocation. The worst that should happen now is the op gets a warning and possibly retraining before he moves to a new company.

That would make sense, however if OP's account was only 50% accurate HR have still left commonsense outside the door, and shown themselves to be seriously inept.