Done something stupid!

whiteroom184

ohreally wrote: »

Do not ask!

?your thoughts then?

ohreally

Wait and see what unfolds.

If they intend to go the formal route, this fails to follow statutory procedure and may well be your lever to overturn a disciplinary decision taken against you. Raising the issue at this stage simply puts it on their radar and gives them an oppertunity to put their house in order. For the time being, do nothing.

whiteroom184

ohreally wrote: »

Wait and see what unfolds.

If they intend to go the formal route, this fails to follow statutory procedure and may well be your lever to overturn a disciplinary decision taken against you. Raising the issue at this stage simply puts it on their radar and gives them an oppertunity to put their house in order. For the time being, do nothing.

this is what i thought, there was no specific item for discussion, no mention of an investigation, my right to a witness or that my boss would have a witness. I spoke to my union today and they said it may be better to call and ask whether it was an investigation, but i agree with "ohreally"

smartiedriver_2

ohreally wrote: »

Wait and see what unfolds.

If they intend to go the formal route, this fails to follow statutory procedure and may well be your lever to overturn a disciplinary decision taken against you. .

Considering all this was the OP's fault in the first place, surely they should accept the punishment (if there is one) fair and square, rather than trying to wriggle out of it on a technicality?

Jarndyce

ohreally wrote: »

Wait and see what unfolds.

If they intend to go the formal route, this fails to follow statutory procedure and may well be your lever to overturn a disciplinary decision taken against you. Raising the issue at this stage simply puts it on their radar and gives them an oppertunity to put their house in order. For the time being, do nothing.

What statutory procedure? There is no statutory capability (or disciplinary come to that) procedure.

If they intend to go down the capability route then that entirely depends on what procedure is in place in the OP's workplace, about which we have heard nothing.

whiteroom184

the proceedure for capability at my place of work is that it forms part of the diciplinary proceedure

ohreally

Jarndyce wrote: »

What statutory procedure? There is no statutory capability (or disciplinary come to that) procedure

Employment Act 2002 schedule 2 part 1 ch 1 http://www.legislation.gov.uk/ukpga/2002/22/schedule/2

In addition the ACAS ACop states "Employers are also required to follow a specific statutory minimum

procedure if they are contemplating dismissing an employee or
imposing some other disciplinary penalty that is not suspension on

full pay or a warning". http://www.acas.org.uk/media/pdf/9/5/CP01_1.pdf pg 5

I never referred to any capability procedure.

CFC

whiteroom184 wrote: »

well she came in, had a brief discussion about it, stated it was a clear case of constructive dismissal, said this wont go away, and that we will have to wait and see what happens when the person gets back off holiday in 2 weeks. She believes that if he comes back it will be ok but if he hands his notice in, it would be constructive dismissal. then she said, thanks for having me and left.

I dont know pepe's, my boss is back next week so no doubt i will hear more then, the HR lady even admitted that they do it all the time too but through agency. I am now just fearing the worst that disciplinary action will follow but i dont know what form, perhaps breach of trust and confidence or bringing company into disrepute?

I think you are in a hole now because the HR manager is inept. From what you have previously posted this is certainly not a clear case of constructive dismissal unless she has chosen to agree with the cross employee in writing that it was indeed so and thus said it was deliberate.
However if they want to go down the route of disciplinary I think you should stick to the line that you wanted to ensure business continuity. Advertising a job that may become vacant is not the same as appointing a person into that role.
If they are talking about capability you need to cast your mind around to think about whether you have done other screw-ups.

whiteroom184

ohreally wrote: »

Employment Act 2002 schedule 2 part 1 ch 1 http://www.legislation.gov.uk/ukpga/2002/22/schedule/2

In addition the ACAS ACop states "Employers are also required to follow a specific statutory minimum

procedure if they are contemplating dismissing an employee or
imposing some other disciplinary penalty that is not suspension on

full pay or a warning". http://www.acas.org.uk/media/pdf/9/5/CP01_1.pdf pg 5

I never referred to any capability procedure.

Thanks ohreally, i did speak to hr today to find out what "recent events" were to be up for discussion. HR told me the above would be, obviously, but went onto say a few other points also would be discussed, but they did not know what they were. TBH neither do I!

whiteroom184

CFC wrote: »

I think you are in a hole now because the HR manager is inept. From what you have previously posted this is certainly not a clear case of constructive dismissal unless she has chosen to agree with the cross employee in writing that it was indeed so and thus said it was deliberate.
However if they want to go down the route of disciplinary I think you should stick to the line that you wanted to ensure business continuity. Advertising a job that may become vacant is not the same as appointing a person into that role.
If they are talking about capability you need to cast your mind around to think about whether you have done other screw-ups.

well today i also found out that the hr manager was moved with immediate effect to a different region and now we have no hr manager for our area!