Accused of gross misconduct - advice please.

nikki2804

AnonymousForObviousReason wrote: »

The informal interview - sounds like a shambles. What is the relationship of the Manager to you in terms of company structure? Was it someone from HR or at least someone in your direct chain of command? Did they actually write something down and have they provided you with notes of the meeting?


Good luck.

I work in a contact centre where each team has a manager. It was one of these managers who took the meeting. No one from HR was there. Notes were taken but so far I have had nothing to sign or agree too.

I think i'll go in early tomorrow and speak to someone from the union. At least that might make them deal with it a bit quicker.

Although I know I can prove I wasn't working I just don't want this hanging over my head for weeks on end.

Thanks for the advice.

KiKi

Hi OP

I wouldn't be getting legal advice yet (certainly not paying for it). They have to investigate an allegation and you can easily prove your rotas. They know about your second job, and your line manager seems miffed that she wasn't the one to do the meeting, so sounds like she understands.

As you said - it might not even be investigated. Just talk it through with your manager, show her the evidence and they have no reason to take it further. If they do, THEN get legal advice, but it really doesn't sound as serious as it might seem, not yet.

HTH
KiKi

Anna*_2-2

To put your mind at ease why don't you give the ACAS Helpline a ring on 08457 47 47 47. It's absolutely free and they will explain where you stand fully and in confidence.

-BA-

Anna* wrote: »

To put your mind at ease why don't you give the ACAS Helpline a ring on 08457 47 47 47. It's absolutely free and they will explain where you stand fully and in confidence.

The advice is free, the helpline is not. Be aware that if you are calling from a mobile, it can sap credit pretty quickly.

-BA-

CFC wrote: »

You are not entitled to have a representative with you for an investigatory hearing or an informal meeting, if the issue goes formal you should be sent a letter advising you of the date of the hearing, the allegations, and your right to have a representative with you in the meeting. So yes you may be called to another meeting. Best practice is to advise as soon as practicable if an issue is going to disciplinary, you may be advised verbally that you will be invited but there must be a formal invite to the meeting so you have notice to prepare.

Your reply raises a question for me which is, "Should recommendations of jumping before being pushed, really be appropriate at an informal meeting without representation?"

In my opinion, absolutely not. No disciplinary policy is going to advocate actions like that and I would recommend the OP to make detailed notes (as detailed as possible) whilst the events are fresh in the mind.

Unfair dismissal may not be possible to challenge under 12 months service but I believe constructive dismissal is. Perhaps one of the employment law experts could ellaborate because it really isn't my field of expertise?

zzzLazyDaisy

-BA- wrote: »

Your reply raises a question for me which is, "Should recommendations of jumping before being pushed, really be appropriate at an informal meeting without representation?"

No it is absolutely not acceptable. However, proving it would be another thing entirely.

This was only an investigatory meeting, and IF the issue goes to a disciplinary hearing, the person who held the investigatory meeting won't (or at least shouldn't) be involved in the decision making process. It sounds like OP is able to refute the allegations, so either it will go no further, or he should ensure that all the facts are available to the person making the decision at the disciplinary. If his version of events is correct, then a dismissal in these circumstances would almost certainly be viewed as unfair by a tribunal.


Unfair dismissal may not be possible to challenge under 12 months service but I believe constructive dismissal is.

CD is just another form of UD. You still need 12 month service to make a claim, but the balance of proof shifts to the claimant and by far the majority of cases fail. For someone thinking of making a claim to a tribunal, it is always far better to sit it out and let the employer dismiss, than to resign and claim CD.

I have to write something here.........

SarEl

Just to add - and I am sure Lazy Daisy will agree - be careful not to get into a total panic about this. An investigation is supposed to be exactly that. And often times it is. Horrible though it may be right now, if an allegation is made by someone, and employer is duty bound to follow it up. If you can prove the allegation to be untrue, there is every chance that it will not go any further.