Suspended for Gross Misconduct - Help! :(

chocolatebuttons

I've been at my place of work for 8 years. I had 7 months maternity leave off 6 years ago and I'm 4 months pregnant again now which my employers are aware of.

Last Thursday I was feeling quite sick, my Line Manager noticed and told me I looked unwell. When it was approaching lunchtime he told me to go home, at first I said I'd be ok, but then he practically insisted. It was lunchtime so there weren't many people about to say bye to so I just left.

On Friday morning a girl from HR asked to see me and wanted to know why I had swiped out of the building at 13:00 on Thursday and not returned, I told her I went home sick and then she said my Line Manager must have forgotten to tell them.

But about 4pm on Friday the HR Manager asked to see me and gave me a letter suspending me for Gross Misconduct for unauthorised absence and I have to go to a meeting this Thursday. I said it was absolute nonsense and to call my Line Manager up but she just claimed she was doing her job.

I went home annoyed thinking maybe they hadn't spoken to my Line Manager properly yet or that the matter was more to do with him not telling them in the official way but I got a text from a girl I'm friends with who works in HR and she said my Line Manager has told them I went to lunch on Thursday and never returned and didn't inform him!!!!!!!!!

I'm so f*ing angry about all this. I've always got along with my Line Manager, he's been there longer than I have but has obviously decided he has an issue with me. Any advice on the best way to deal with this? It's my word against his isn't it?

My husband has suggested phoning him but I think that will just make things worse won't it?

Thanks in advance.

bank_of_slate

Did anyone witness your Line Manager sending you home?

Are you in a Union?
...Linda xx

property.advert

You have rights and the company have procedures. You need advice as your long term future rests on this. I am not an expert in this field but I would be arguing my corner from the position that I was sick, wanted to stay at work but my line manager insisted I go home. I then followed the advice of my superior and cannot believe what has happened, putting most if all of the blame onto this line manager for not informing HR.

I cannot see how HR have suspended you due to this incident on the evidence we have here. Are you sure there is nothing else ? If not, then it is a massive overreaction.

You need representation at this meeting on Thursday. If they are worried about an afternoon's absence and yet now have you suspended on full pay, they are potentially preparing to dismiss you.

I would have this meeting recorded, either in the open or secretly, probably secretly. This is not 15 minute recording so you'll need a good recorder. I haven't got an idea what might be a good one but here is one from Argos (you could take it back later perhaps ?) http://www.argos.co.uk/webapp/wcs/stores/servlet/Search?storeId=10001&catalogId=1500002201&langId=-1&searchTerms=VOICE+RECORDER

Obviously test it a few times first.

If no union, you'll need someone with you and they should have advised you of your rights. Others with more specific knowledge will undoubtedly be along later but my best piece of advice is to not take this as anything other than incredibly seriously. I may even get a lawyer involved.

jdturk

chocolatebuttons wrote: »

I've been at my place of work for 8 years. I had 7 months maternity leave off 6 years ago and I'm 4 months pregnant again now which my employers are aware of.

Last Thursday I was feeling quite sick, my Line Manager noticed and told me I looked unwell. When it was approaching lunchtime he told me to go home, at first I said I'd be ok, but then he practically insisted. It was lunchtime so there weren't many people about to say bye to so I just left.

On Friday morning a girl from HR asked to see me and wanted to know why I had swiped out of the building at 13:00 on Thursday and not returned, I told her I went home sick and then she said my Line Manager must have forgotten to tell them.

But about 4pm on Friday the HR Manager asked to see me and gave me a letter suspending me for Gross Misconduct for unauthorised absence and I have to go to a meeting this Thursday. I said it was absolute nonsense and to call my Line Manager up but she just claimed she was doing her job.

I went home annoyed thinking maybe they hadn't spoken to my Line Manager properly yet or that the matter was more to do with him not telling them in the official way but I got a text from a girl I'm friends with who works in HR and she said my Line Manager has told them I went to lunch on Thursday and never returned and didn't inform him!!!!!!!!!

I'm so f*ing angry about all this. I've always got along with my Line Manager, he's been there longer than I have but has obviously decided he has an issue with me. Any advice on the best way to deal with this? It's my word against his isn't it?

My husband has suggested phoning him but I think that will just make things worse won't it?

Thanks in advance.

to me this sounds like a mix up in communications

1) he said go home
2) you said you were ok
3) he took this to mean you'd carry on working
4) you didn't carry on working
5) he reported you for AWOL (though this bit I don't get, if he knew you were ill why not just call you to check that you had taken his previous advice to go home ill)

Savvy_Sue

Can you give us the bare bones of your letter? ie you're suspended for GM, but what else? does it say you can take someone? does it say who will be there? does it say what the outcome might be?

Lady007

Don't panic is the first thing.

I get the gist that you have not been subject to a Disciplinary before. If this is the case you should sail through this. The most important thing is that you are pregnant. Woe betide any employer who messes around with a pregnant woman.

Reading between the lines your Mgr seems to have an issue with you perhaps because you are pregnant?

start preparing your defence now - in writing so you can remember the sequence of events as it happened. It will be defence as it seems like your Manager has blatantly lied.

In my opinion this should not progress beyond the investigation stage if what you are saying is factual. Go to your GP and get a cert saying that you were sick for that afternoon (you may have to pay) and make sure the certificate states pregnancy related sickness. After receiving this to dismiss you would be illegal. Learn from this - don't trust your Manager and get things confirmed next time -check the procedure for going off sick.

The worst case scenario should be that you will get a slap on the wrist if you didn't follow the right procedure regardless if your Manager told you you could leave.

jdturk

Lady007 wrote: »

Don't panic is the first thing.

I get the gist that you have not been subject to a Disciplinary before. If this is the case you should sail through this. The most important thing is that you are pregnant. Woe betide any employer who messes around with a pregnant woman.

Reading between the lines your Mgr seems to have an issue with you perhaps because you are pregnant?

start preparing your defence now - in writing so you can remember the sequence of events as it happened. It will be defence as it seems like your Manager has blatantly lied.

In my opinion this should not progress beyond the investigation stage if what you are saying is factual. Go to your GP and get a cert saying that you were sick for that afternoon (you may have to pay) and make sure the certificate states pregnancy related sickness. After receiving this to dismiss you would be illegal. Learn from this - don't trust your Manager and get things confirmed next time -check the procedure for going off sick.

The worst case scenario should be that you will get a slap on the wrist if you didn't follow the right procedure regardless if your Manager told you you could leave.

I never get this, pregnant woman aren't protected from getting the sack for doing things wrong as long as the correct processes (just like any disciplinary) are met.

Also if a Dr back dates a sickness that he has had no knowledge over surely is wrong as well and any good standing Dr wouldn't post date a sick note (unless the OP had been to the dr several times before over this same problem)

Lady007

jdturk wrote: »

I never get this, pregnant woman aren't protected from getting the sack for doing things wrong as long as the correct processes (just like any disciplinary) are met.

Also if a Dr back dates a sickness that he has had no knowledge over surely is wrong as well and any good standing Dr wouldn't post date a sick note (unless the OP had been to the dr several times before over this same problem)

You need to look at the bigger picture. Her being pregnant is the underlying factor here and that is why any sensible employer would not be deemed to have acted reasonably if they were to dismiss her without considering this point. The OP has no history of misconduct otherwise she would know what to expect.

My point was not a general "your protected beause your preganant" point,it is specific to this post.

DRs in my experience back date certs all the time. If you self certify for 7 days but can't get a DRs appointment until day 10 of your illness, of course they will backdate.

Also, if some body broke their leg for instance and couldn't physically get to the DR I'm sure they would back date.

Zazen999

Chocolate Buttons; who did you tell when you left the premises?

jdturk

Lady007 wrote: »

You need to look at the bigger picture. Her being pregnant is the underlying factor here and that is why any sensible employer would not be deemed to have acted reasonably if they were to dismiss her without considering this point. The OP has no history of misconduct otherwise she would know what to expect.

My point was not a general "your protected beause your preganant" point,it is specific to this post.

DRs in my experience back date certs all the time. If you self certify for 7 days but can't get a DRs appointment until day 10 of your illness, of course they will backdate.

Also, if some body broke their leg for instance and couldn't physically get to the DR I'm sure they would back date.

thats presuming your still ill when you go see the dr, what if your fully better, would a dr still sign a sick note without actually seeing anything to indicate you were ill....I doubt it

mikey72

Lady007 wrote: »

You need to look at the bigger picture. Her being pregnant is the underlying factor here and that is why any sensible employer would not be deemed to have acted reasonably if they were to dismiss her without considering this point. The OP has no history of misconduct otherwise she would know what to expect.

My point was not a general "your protected beause your preganant" point,it is specific to this post.

DRs in my experience back date certs all the time. If you self certify for 7 days but can't get a DRs appointment until day 10 of your illness, of course they will backdate.

Also, if some body broke their leg for instance and couldn't physically get to the DR I'm sure they would back date.

Maybe, but they are considering unauthorised absence, if this is the reaction normally, it's not automatically discrimination.
The reason could be argued about, but the cert should have been supplied on return to work.
It seems a very over the top reaction though, I would have thought a verbal warning was more the normal response.