Suspended from work please help

suicidebob

The argument is that your employer is bad and horrible, and the rest are caring and compassionate?

MikeTee

No my point is had correct procedures been followed the issues wouldn't have got worse to the point of dismissal. Is this not a valid point as by their own written admission they had not acted as they would have expected to.

Emmzi

does the procedure say they will definitiely, 100% in every case put you on a warning? or that the manager will consider it and MAY choose to, etc...

I'm betting the latter. So, not worth appeal/ ET.

What did they say re: references, final pay etc?

MikeTee

References are start date until end date but not disclosing anything like dismissed etc, unless specifically asked I would guess then they have to tell the truth. Paid until yesterday plus any hols owing.

My point here is that I was at misconduct stage dealt with by warnings but
Then I messed up much much later and that wad classed as gross misconduct and the reason for dismissal so if handled better / correctly before I made GM I would not be sacked absolutely true 100%

Emmzi

I fully understand your point, Mike. You do not need to keep rephrasing it. I understand you are probably trying to reconcile this in your mind though.

Saying it over and over won't change my opinion; someone else's mishandling of a situation does not excuse or mitigate your stuffing up unless the boss was chaining you to the bed so you couln't get in.

You need to work out your next steps; a bit more recovery time to get your health sorted, then job hunting.

A reference saying "it is company policy only to confirm dates of employment which were x to y" is actually an excellent result and what many employers do, so I would be hopeful about that.

SarEl

Emmzi wrote: »

I fully understand your point, Mike. You do not need to keep rephrasing it. I understand you are probably trying to reconcile this in your mind though.

Saying it over and over won't change my opinion; someone else's mishandling of a situation does not excuse or mitigate your stuffing up unless the boss was chaining you to the bed so you couln't get in.

You need to work out your next steps; a bit more recovery time to get your health sorted, then job hunting.

A reference saying "it is company policy only to confirm dates of employment which were x to y" is actually an excellent result and what many employers do, so I would be hopeful about that.

I agree.

Lets go back to basics. For whatever reason, but a substantial part of it self-inflicted, you failed to clock in and out correctly resulting in your clocking hours that you did not work. Not a single part of that was caused by the employer. That is the offence. And it is fraud. Would a reasonable employer consdier dismissal as a possible outcome for fraud - yes. In a different context, you are arguing that the theft from the safe was the employers fault because they left the safe open. It doesn't wash in that example and it doesn't wash in yours either. No way a tribunal is going to consider for one minute that it does. And you need to recall - tribunals do not consider mitigation at all.

I empathise with your situation - you have made some foolish choices in your personal lif eand let the outcome of those choices spill into your employment. But it is a path down which anyone could trip. But realise it or not, things are not quite as bleak as you think - you can be honest about why you lost your job and you can also go on to demonsrtate that it was stupid, you recognise that, and that you have taken action to sort yourself out. Many employers will understand that. Not all of them, no, but many will.

But you can make things harder for yourself. And a tribunal which is not warranted is one of the best ways of doing that. Just watch that reference evaporate. If there were a justifiable cause for a tribunal - or even a chance for one _ I would be telling you to give it a whirl. But there isn't. And you have no idea of the pain an employers lawyers can and will inflict. You didn't want to tell your G/F what trouble you were in, you found it hard to talk about with your employer - just wait until it is splashed all over a tribunal. I am sorry to have to put it so bluntly, but I don't think you really have a clue what you are thinking about letting yourself in for. And you need to know.

MikeTee

Points taken thanks.

Can anyone advise on this.

I've been and signed on for contribution based JSA but they said that soon they will write to my employer and perhaps may stop my benefits depending on what the outcome of this is? Is this something that can be done?

Cheers

SarEl

MikeTee wrote: »

Points taken thanks.

Can anyone advise on this.

I've been and signed on for contribution based JSA but they said that soon they will write to my employer and perhaps may stop my benefits depending on what the outcome of this is? Is this something that can be done?

Cheers

Oh yes, they can I am afraid. You were dismissed and the employer must dosclose this, even if you didn't. That means that there is a very strong chance that your benefits will be sanctioned.

MikeTee

Great! Is there a time period that they will be sanctioned for or is it permanently?

SarEl

Up to 26 weeks - the actual period is their decision, but I think in cases of dismissal then they generally mean 26 weeks