Suspended from work please help

SarEl

U can't say it doesn't happen. From an employers point of view it does send a powerful message that they will be watching. But it hasn't happened yet. So there is little point in dwelling on it.

MikeTee

Hi all, I am currently preparing for my hearing and would like your thoughts on this:-

I had received a warning and action to complete within a timeframe to rectify a performance problem. At the end of the period for completing this I had not done so to the level agreed and month on month since the position has got worse (btw the issue is timekeeping). I feel as though the employer could have taken action to address this such as a formal warning etc rather than allowing the position to get worse then going straight to full disciplinary which could result in dismissal.

In other words I was told about it once and agreed actions but there was no follow up to this and it was allowed to lapse by a number of months then I was suspended with the hearing now to come. I am aware in the past it is usual to address a problem then readdress it more formally if the process for resolvingthe issue did not work the first time around, however not allow it to drag on to effectively give the person enough rope to hang themselves.

Thanks guys - btw doing well with recovery - AA is the best decision I've made, difficult at first yes but fantastically warm and embracing people.

SarEl

I agree entirely on the lack of follow up. So why didn't you follow up? For goodness sake, it was your job to do the follow up, not theirs. "You are late far too often - turn up on time" - nothing too difficult about that is there? Seriously, you are taking the !!!! here somewhat, and I wouldn't advise going in to a hearing with that criticism or that question - it will put their backs up. Yes, they could have disciplined you earlier. And do you want to know how many people come along complaining about being disciplined for a "little thing" like being late? You agreed to turn up on time, you didn't, and their follow up is a disciplinary. Yes, it's tough - but it isn't unreasonable.

Glad to hear that you are otherwsie doing well. Eat humble pie, apologise and explain why you had a problems and what you have done to resolve it, and hopefully they will let you have another chance.

MikeTee

Thanks for that, I had previously offered a way to resolve the issue in so far as pay back the time owed out of my holiday entitlement which is common in this situation but when I offered this I was advised that this was a discussion for another meeting. Why I failed to question this and allow it to drag on further I am kicking myself about.

SarEl

Then you offer it again as part of the hearing - and you do so alongside taking responsibility for making sure that this never happens again. I know that when you are in the drink it's easy to let things slide and forget good intentions - but you realise that you have something to prove here in more ways than one. Don't kick yourself about what you didn't do - resolve to do something about it so that it doesn't happen again. Sometimes life is hard - but if you do not learn to deal with that, then every time it gets hard you will return to old habits. In your case old habits are damaging in more ways than one.

MikeTee

Hi all,

Just thought i'd update you on the position - I've been dismissed.

Whilst they admitted my mitigation has contributed to the problems I encountered and they also admitted i'd been mismanaged they relied on the breach of trust element and had no option but to dismiss - I hate this line there is always an option surely?!?!

Anyhow I'm appealing on the grounds that had I not been mismanaged the situation wouldnt have got to what it did and i wouldnt have been dismissed - has anyone any thoughts on this?

Emmzi

I can't see that being valid grounds for appeal. It isn't new information and it doesn't excuse your behaviour in any way.

Sorry.

MikeTee

Thanks - I feel it is new info as it wasn't until the outcome that they admitted they hadn't managed the situation as they should have. Also if I go to a tribuneral providing I can arrange that on the grounds that the punishment is too severe when it's considered against what other employers would
Reasonably have done will they consider the fact that other employers would have handled it better thereby dismissal wouldn't have happened?

Thanks

SarEl

No. A tribunal cannot take into account other cases because they do not have the details of them - and you cannot obtain those details as evidence because they are confidential. And they cannot use what another employer would have done. They determine this on the basis of "is the outcome withing the range of outcomes which a reasonable employer may have considered". Any employer might have consdiered dismissal, ergo the argument fails. And it isn't new information - you put an argument that you believed they mismanaged the situation, and in summing up they agreed that it could have been managed better, acknowledging your point. But they obviously didn't believe that mitigated the outcome. I should point out that one way of "managing this better" would have been to dismiss you quicker !

MikeTee

The seriousness of the mistake that I made that got me sacked didn't happen until a long way down the line, so had it been managed better or rather correctly then I'd have been on a warning and improvement plan not dismissed. They couldn't have dismissed me until I cocked up right at the end of the process.

I was also referring to is it a fair outcome that any rational employer would have reached to dismiss perhaps yes. But was it Fair to suggest that it wouldn't have got that far from other employers perspectives - again to me yes.