Dismissed - Gross Misconduct - Unauthorised Absence

OFTBC

Rockporkchop wrote: »

Couldn't agree more. I have read the OP's old threads about turning up to work drunk at 3.00 in the morning as he fancied a coffee, refusing to perform work tasks required of him just because he couldn't be bothered, and trying to get away with both things on another technicality, so have absolutely no sympathy for him. OP - take the £2k, look for another job and just grow up.

The fact is I was dismissed. Myself and the Union believe it to be unfair. They dismissed me at a disciplinary hearing that they knew I had no knowledge of as I never received the invite to the hearing, Despite me appealing instantly they didn't hold the appeal until early April which was then adjourned until the 20th which I couldn't make. They then put off reconvening that hearing and instead have offered the money. So in a nut shell they failed to follow not only the statutory procedure but also their own procedure.

You don't know me and I don't know you but if you did you wouldn't be telling me to grow up as you would see how I'm mature for a 24 year old and a highly respected father.

Contributing factors to certain actions were the depression which was mainly brought on by the bullying. Yes I was suspended previously and there was that incident at 3 in the morning but no disciplinary sanctions were ever brought against myself.

Yes I do now have a conviction and I didn't look at it like the poster put it so that gives me food for thought although the union and my solicitor said they can't use it against me they can only deal with the facts of the dismissal case.

I'm due to pick up the papers today so any advice on what I should do would be much appreciated as I don't want to end up regretting any decision I may make.

OFTBC

Just a quick update. After a while of thinking about the offer on the table I decided to turn it down as really I still wanted my job back as it had proved difficult to find alternative employment. The appeal hearing was reconvened today. After a lot of discussions and negotiations we have both come to a satisfactory conclusion which now sees me re-employed by them starting from next week once the paper work has been sorted and resources made available for my training to be refreshed.

I waved any right to any back pay and will now cancel my claim at the tribunal as I wanted to show my commitment to returning to work.

I had two choices today, One was to resume my employment with them which would have seen me continue my service with them which equates to 4 years but I would be on red of the absence management procedure so one sickness or lateness and I would be fired. That would have lasted for 12 months. Or I had the option of them employing me from scratch which would see the slate wiped clean so I would be like a new employee. This was my preferred option and once I had clarified that there would be no probation period I happily accepted the offer of employment.

I would like to say a huge thanks first off to my union rep for being outstanding and also to my company for giving me a chance to now put this period behind me and giving me the opportunity to return to work and earn a decent living.

I now look forward to returning to work, Getting my head down and getting stuck in with teh work and catching up with all my colleagues and actually having some money back in my pocket.

Thanks for all your advice.

Googlewhacker

OFTBC wrote: »

Just a quick update. After a while of thinking about the offer on the table I decided to turn it down as really I still wanted my job back as it had proved difficult to find alternative employment. The appeal hearing was reconvened today. After a lot of discussions and negotiations we have both come to a satisfactory conclusion which now sees me re-employed by them starting from next week once the paper work has been sorted and resources made available for my training to be refreshed.

I waved any right to any back pay and will now cancel my claim at the tribunal as I wanted to show my commitment to returning to work.

I had two choices today, One was to resume my employment with them which would have seen me continue my service with them which equates to 4 years but I would be on red of the absence management procedure so one sickness or lateness and I would be fired. That would have lasted for 12 months. Or I had the option of them employing me from scratch which would see the slate wiped clean so I would be like a new employee. This was my preferred option and once I had clarified that there would be no probation period I happily accepted the offer of employment.

I would like to say a huge thanks first off to my union rep for being outstanding and also to my company for giving me a chance to now put this period behind me and giving me the opportunity to return to work and earn a decent living.

I now look forward to returning to work, Getting my head down and getting stuck in with teh work and catching up with all my colleagues and actually having some money back in my pocket.

Thanks for all your advice.

I am pleased for you and also for your commendation of your company.

Have you got a control over your drinking now and for the future?

Edit: Just wanted to say that because you are now effectively a new employee you really need to be careful for h the next year as you could be dismissed fairly easy with little comeback

OFTBC

Googlewhacker wrote: »

I am pleased for you and also for your commendation of your company.

Have you got a control over your drinking now and for the future?

Edit: Just wanted to say that because you are now effectively a new employee you really need to be careful for h the next year as you could be dismissed fairly easy with little comeback

Thanks for the reply. Not sure why you believe or have had a drinking problem though. Not really a drinker at all, Don't really like the taste of it so only drink when I go out and that has only been twice in the last six months.

Yep I understand I now have to be on my best behaviour from here on in. This is a second chance for me and in time I hope to be able o earn their trust ad become a valued employee and then maybe take steps into management. I was offered that a while ago but my mind was in a state of them vs us so wasn't interested at all. Now hat is my goal but one step at a time first.

The last couple of weeks I have bumped into many of my colleagues and it brought home to me how much I missed working there. I maned about the job a awful lot but its that old saying, You never know what you got til it's gone. I'm just delighted to have been giving this opportunity.

Googlewhacker

OFTBC wrote: »

Thanks for the reply. Not sure why you believe or have had a drinking problem though. Not really a drinker at all, Don't really like the taste of it so only drink when I go out and that has only been twice in the last six months.

Yep I understand I now have to be on my best behaviour from here on in. This is a second chance for me and in time I hope to be able o earn their trust ad become a valued employee and then maybe take steps into management. I was offered that a while ago but my mind was in a state of them vs us so wasn't interested at all. Now hat is my goal but one step at a time first.

The last couple of weeks I have bumped into many of my colleagues and it brought home to me how much I missed working there. I maned about the job a awful lot but its that old saying, You never know what you got til it's gone. I'm just delighted to have been giving this opportunity.

Ooops wrong person, sorry!

Good luck.