Dismissed on sick leave due to false allegations

boopopps

Hi guys,

Just wondering if anyone had any advice or found themselves in a similar situation and how they overcame it.

At the end of November I had major surgery and was off sick from work. I gave them notice of this as soon as I knew and even did a months training with a temp so that they were well prepared. As a finance proffessional we work to strict deadlines and accuracy so it was required.

My surgery had complications and I suffered with infection after infection. I was on different antibiotics for 8 weeks after. The time off required was 10-12 weeks, however work were expecting me back after 6. I kept them fully informed, however they were pushy regarding my return and booked me in to see occupational health on 3rd Feb.

I attended the session with OH and planned a phased return to work over a 4 week period. As soon as I left the meeting a manager pulled me aside and suspended me. I was told someone had overheard me telling a colleague confidential payroll info. I pointed out that I had not been in work since before the end of Novemeber, but was then told it took place before I was sick but had only just been reported. Considering I was still sick and not even due back into work until 10th feb, I was questioned heavily in an investigatory meeting. I could not believe the allegations, they were untrue. I was in tears.

2 days later on the friday I was telephoned at home and questioned again. I was made to go in on the Monday and sign my statements, even though I was ill. The whole situation made my health worse, I could not cope. I was informed by phone later that day I was to face disciplinary action. They sent me the supposed evidence on the Wednesday and expected me to attend a meeting on the Friday. I was so broken and upset my doctor signed me sick with stress for 6 weeks. This went down like a lead balloon as the disciplinary had to be cancelled. I was instructed to see occupational health again the following week by HR, they wanted her opinion as to whether I was fit to attend a disciplinary, they obviously did not believe me or my doctor. They also stopped my pay.

The OH said I was very fragile and could leave it 2 weeks, but I agreed to attend after a week.

The accusations actually were that I had told my colleague who sits next to me confidential pay info. She had then told the managers secretary, who then in turn told her confidential info from the managers e-mails. The secretary owned up to HR a month later. I was not involved in these discussions but my colleague said I had told her the info. I was blamed and saw as guilty by senior management as I was the one with access to the info. However, I work in an open plan office with this info. This place of work is dictated to me by management. My screen is on full view, my colleague sat next to me can see it. I also have to use printers to print it off on that are shared by the office. Not only that I had to share a number of my passwords as dictated by my manager with this colleague to enable her to do aspects of my role. I believe the information was stolen but I got the blame. Its her word against mine and she was believed.

The result of the disciplinary was I was summarily dismissed. I appealed but my dismissal was upheld.

I am now finding it so hard to find work, yet I am innocent. I have been honest with all the recruitment agencies but the majority will not represent me. The ones that will only turn up with low paid, far away jobs that no one wants. I am fully qualified with 2 proffessional bodies and all this is now at stake too. I desperatly need work being alone and having to pay mortgage and bills. I cannot get JSA as a result of this dismissal. My whole career is up in smoke.

Does anyone have any advice on how I can find work in this situation please? I am desperate.

jdturk

go see a solicitor, state the facts to them as you see it and go from there as to whether you can pursue an ET, I guess this is the only way to clear your name and get work back in the industry you want

By the way at one point you say OH and then you say your alone?

boopopps

OH is occupational health. Sorry for confusion.

jdturk

oh yeah Duuuuhhhh me , I read it as Occupational health at the beginning and then not towards the end

joeypesci

boopopps wrote: »

Hi guys,

Just wondering if anyone had any advice or found themselves in a similar situation and how they overcame it.

At the end of November I had major surgery and was off sick from work. I gave them notice of this as soon as I knew and even did a months training with a temp so that they were well prepared. As a finance proffessional we work to strict deadlines and accuracy so it was required.

My surgery had complications and I suffered with infection after infection. I was on different antibiotics for 8 weeks after. The time off required was 10-12 weeks, however work were expecting me back after 6. I kept them fully informed, however they were pushy regarding my return and booked me in to see occupational health on 3rd Feb.

I attended the session with OH and planned a phased return to work over a 4 week period. As soon as I left the meeting a manager pulled me aside and suspended me. I was told someone had overheard me telling a colleague confidential payroll info. I pointed out that I had not been in work since before the end of Novemeber, but was then told it took place before I was sick but had only just been reported. Considering I was still sick and not even due back into work until 10th feb, I was questioned heavily in an investigatory meeting. I could not believe the allegations, they were untrue. I was in tears.

2 days later on the friday I was telephoned at home and questioned again. I was made to go in on the Monday and sign my statements, even though I was ill. The whole situation made my health worse, I could not cope. I was informed by phone later that day I was to face disciplinary action. They sent me the supposed evidence on the Wednesday and expected me to attend a meeting on the Friday. I was so broken and upset my doctor signed me sick with stress for 6 weeks. This went down like a lead balloon as the disciplinary had to be cancelled. I was instructed to see occupational health again the following week by HR, they wanted her opinion as to whether I was fit to attend a disciplinary, they obviously did not believe me or my doctor. They also stopped my pay.

The OH said I was very fragile and could leave it 2 weeks, but I agreed to attend after a week.

The accusations actually were that I had told my colleague who sits next to me confidential pay info. She had then told the managers secretary, who then in turn told her confidential info from the managers e-mails. The secretary owned up to HR a month later. I was not involved in these discussions but my colleague said I had told her the info. I was blamed and saw as guilty by senior management as I was the one with access to the info. However, I work in an open plan office with this info. This place of work is dictated to me by management. My screen is on full view, my colleague sat next to me can see it. I also have to use printers to print it off on that are shared by the office. Not only that I had to share a number of my passwords as dictated by my manager with this colleague to enable her to do aspects of my role. I believe the information was stolen but I got the blame. Its her word against mine and she was believed.

The result of the disciplinary was I was summarily dismissed. I appealed but my dismissal was upheld.

I am now finding it so hard to find work, yet I am innocent. I have been honest with all the recruitment agencies but the majority will not represent me. The ones that will only turn up with low paid, far away jobs that no one wants. I am fully qualified with 2 proffessional bodies and all this is now at stake too. I desperatly need work being alone and having to pay mortgage and bills. I cannot get JSA as a result of this dismissal. My whole career is up in smoke.

Does anyone have any advice on how I can find work in this situation please? I am desperate.

I'd see a solicitor. Where I use to work, if they were questioning you due to discipline you were allowed a person, ie manager to sit in with you for your defence. They shouldn't be questioning you without. Although not sure if that's just at my old place. Also sharing passwords I think goes against Information Governance at my old place so you couldn't be forced to share passwords. The IT Department should be able to reset your account to allow whoever access.

Sounds totally fishy to me and you should be able to take them to the cleaners.

DVardysShadow

Start the ball rolling to get it to an Employment Tribunal. Thee are strict time limits, and you need to get your complaint registered within 3 months of leaving.

greendollar

Do some research on statutory disciplinary procedures , from your post its likely that they have slipped up more than once and ask for a copy of the companies disciplinary procedures

1. Were you given details in writing of the allegations against you before your disciplinary ?
2. Did the letter inviting you to the disciplinary state the the offence could lead to your dismissal ?
3. Did it state you could take a witness ?

They can't just stop your pay .


, do everything in writing and send all correspondance by recorded delivery . Be prepared for a fight and a long one at that . Make them pay for your appalling treatment. You will get plenty of help and support here .Good Luck

yellowduck_2

How hideous for you, get legal advice asap, have you got some good mates to help you as well as you must still be weak from your illness and stressed with all this to cope with. Would like to echo the opinion that you do everything in writing, make copies too. Good luck, keep strong and let us know how it goes.

HO87

Hi Boopopps

No a good situation but there are some things you'll need to keep in mind.

Firstly, is there any "history" between you and your employer that pre-dates your being off as a result of the surgery

There is a common misapprehension that you are entitled to be accompanied during interviews. Broadly speaking (some companies have slightly odd procedures that are legal but don't follow the norm), this is true but only insofar as disciplinary meetings are concerned. If you attend an investigatory meetings then, generally speaking you are not entitled to being accompanied.

Lastly, it is important to bear in mind that an employer only has to "reasonably believe" what is being alleged. There is no necessity to prove what is being alleged and certainly not to the standard required in a criminal court. If the company shows that they have conducted a reasonable investigation, have followed procedure and have reached their conclusion in a reasonable fashion then their case will be sound - even if subsequently it is proved that what is alleged cannot have happened or that the person adjudged to have been responsible could not have been.

With this in mind many people defending disciplinary matters sometimes focus on trying to disprove what is being alleged rather than attempting to show that the investigation was incomplete or unreasonable; that an incorrect or skewed procedure was followed or that the conclusion reached was logically flawed. IMHO it is in these areas that efforts are often more profitably and productively concentrated.

pinkshoes

It all sounds rather fishy, and given your colleague had easy access to this information, then it seems odd that she claimed you told her... Has she by any chance moved into your position with a pay rise now?

I would see an employment solicitor immediately.

Half of me would be tempted to write to your colleague, and tell her that under no circumstances did you ever disclose any private/confidential information to her, so you were very surprised to hear that she'd been telling everyone that you'd told her this, so you will be taking this matter further, and it will probably require her to appear in court and swear under oath that she was told this information by you. Not sure if this is the best course of action (probably not!), but my initial hunch is that the colleague got fed up of being made to do both jobs whilst you were off sick, so took action by lying.

DVardysShadow

pinkshoes wrote: »

It all sounds rather fishy, and given your colleague had easy access to this information, then it seems odd that she claimed you told her... Has she by any chance moved into your position with a pay rise now?

I would see an employment solicitor immediately.

Half of me would be tempted to write to your colleague, and tell her that under no circumstances did you ever disclose any private/confidential information to her, so you were very surprised to hear that she'd been telling everyone that you'd told her this, so you will be taking this matter further, and it will probably require her to appear in court and swear under oath that she was told this information by you. Not sure if this is the best course of action (probably not!), but my initial hunch is that the colleague got fed up of being made to do both jobs whilst you were off sick, so took action by lying.

Solicitor required. Letter from solicitor advising the above could be good - but wheter any solicitor would do this is another matter.