Dismissed - Gross Misconduct - Unauthorised Absence

circuit

i am in a similar position to you and i guarantee that you are best off putting your energy into sorting your CV out and finding a new job.

Horace

In your appeal against dismissal letter I would outline reasons why you are appealing and send this letter recorded delivery.

Unfortunately you havent done yourself any favours by walking off mid shift and not returning to work so your employer has no alternative but to discipline you for unauthorised absence. If you were being picked on as you claim by your colleagues making remarks about suicide etc, why on earth didnt you submit a grievance?

Stress in the workplace can cause depression and that also induces a form of paranoia but when you are removed from the workplace that is causing the problem then you recover - the best thing would be to sort out a CV, get your health back and look for other jobs. Go and sign on in the meantime as you have been dismissed.

Zazen999

a - they might actually have the evidence that someone signed for that letter.

b - I feel that your appeal may well get you out of being dismissed for conduct, but with all the info about your behaviour and the reasons for it, you might talk yourself into a dismissal for capability.

olly300

BligBlag wrote: »

But by your own admittance you said they told you a letter was sent out on the 7th for a meeting on the 15th. So according to them they did reschedule the meeting, regardless of whether that letter got to you or not (you need to ask them for proof from Royal Mail that it was sent Recorded Delivery).

Not necessary.

A letter sent by recorded or special delivery has a label on the envelope put there by the post office, or is sent in a special delivery envelope.

Lots of times the label will have the tracking number on it. Alternatively if it doesn't you can ask the sender for the tracking number.*

All you need to do is go to the RM website and put the tracking number in the track and trace bit. 90% of the time you will get the date the letter was signed for and the signature of the person who signed it. This you can print out and keep. The rest of the time you will get it was delivered from x RM branch on a date or that there is no information.

The RM and the Post Office are considered neutral third parties. So in any sort of dispute you should send your letters either recorded or special delivery, and keep all slips.

*I did this over a online retailer who claimed to have sent a parcel to me but the number wasn't in the RM system. I finally got a refund after contacting Trading Standards.

olly300

OP as I stated before contact ACAS, and get your full rights then act immediately as I stated.

jaffacakes82

OP reading everything you've written here I feel you're standing on pretty shaky ground TBH. Aside from walking off site without permission you have a history of being taken down the disciplinary route. It doesn't look good. Correct me if I have this wrong but 2/3 weeks has passed since your doctor refused to sign a new sick certificate? You should have returned to work then, not just returning home to await your bosses to chase after you.

It may seem unfair to you but for an Employer, having an Employee who's only managed 1.5 days of work in the past few months is counter productive and isn't particularly going to gain their sympathy when they break the employment contract with unauthorised absence. It's neither here nor there that you know of other colleagues who have walked off site in the past without permission, or have done other things to break their contract. As you have written, you feel your boss has been looking for a reason to dismiss you and you've played right into his hand.

Personally if you were a friend of mine I would advise you to walk away and concentrate on finding another job and hopefully this time next year you'll be in a job you enjoy and will be glad you're out of there.

OFTBC

Hello, First of all thanks for your replies.

I appealed last week, Stating various grounds for my appeal, Including lack of notification, Lack of investigation, The hearing was prejudged etc.

This time they now seem to be going extra careful, They have sent me two emails informing me they received my letter of appeal and my separate letter asking for documentation such as minutes etc.

I received a email today saying they have set the hearing for 8th Jan and they have sent letters out confirming this and also the requested documentation.

Next step is for me to contact my union rep but unsure if they will represent me because I changed over bank accounts and forgot to switch over the union direct debit so I am in arrears with them by a few months.

Thanks for all your replies and I hope you all had a lovely Xmas and il keep you updated of any further info I receive.

jdturk

can you afford to pay your arrears upto date, offer that when you speak to them

aah

unions don't want to lose members and they can find grounds sometimes when it all seems hopeless. so i'd follow the above advice and offer to pay the arrears you need them now more than ever

although you haven't done yourself any favours it does also seem as though your employer did act hastily in first instance. so give yourself everychance now and best wishes for a successful outcome.

Anne x

MuckyDucky

You've stated in an earlier post that appealing is mainly down to proving a point as opposed to getting your job back. I would advise you to think carefully as to whether all this is actually worth it or whether it's best to just walk away. It's a lot to go through, espcially for someone who suffers from mental illness, just to prove a point.

If you've changed your mind and your now adamant that you want to return to working for them then call your union, pay what you owe and hope for the best outcome.