Done something stupid!

ohreally

whiteroom184 wrote: »

i did speak to hr today to find out what "recent events" were to be up for discussion

Why did you speak to hr - it not in your interest to do so?

Its important you keep your union rep appraised of any and all communication.

whiteroom184

ohreally wrote: »

Why did you speak to hr - it not in your interest to do so?

Its important you keep your union rep appraised of any and all communication.

purely and simply because i wanted to establish what recent events they meant. And also i had to confirm attendance!
also tried to call my rep twice today but she did not return either of my calls!

ohreally

whiteroom184 wrote: »

purely and simply because i wanted to establish what recent events they meant. And also i had to confirm attendance!
also tried to call my rep twice today but she did not return either of my calls!

Send the rep a follow-up email, cc in to local branch office if necessary. You need to start protecting yourself and quickly.

Jarndyce

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.

Ah - you mean the statutory disciplinary procedure that was abolished in 2009? How silly of me.

SarEl

I am sure that I am going to make myself unpopular here, but there we go.

I do not agree that this is not a capability/disciplinary issue, and the employer is certainly within their rights to consdier it as such. Whether that leads to disciplinary action or dismissal is speculation and nothing more at the moment, but as a manager the OP has acted inappropriately and put the employer at risk, so there is certainly a case for re-training if nothing else. The OP has attempted to anonymously advertise the job of someone (and the anonymously thing does suggest that the OP knew that they should not do this); and following a single poor performance review has suggested that the only options for their employee are to resign or work full-time, without any consdieration of other options such as support or training, leaving the company wide open to a claim of constructive unfair dismissal, and potentially at least one discrimination claim in addition. The OP went off on their own and took action in breach of their own company guidance - if there was a capability issue then this should have been followed using the company process (which they are now themselves in because they didn't!), not go off on their own and advertise soemone's post when they are still in employment, or suggest that resigning is the answer to performance issues!

At this stage the OP has clearly acted inappropriately and their manager wishes to discuss this (investigate, in other words). The employer is therefore not yet bound by any guidance or laws around allowing a trades union rep to be involved, and nor do they have to provide any further details of the matters which they wish to discuss.

whiteroom184

spoke to the union today after conversation with HR and they stated that under the agreement with our company, if the investigation could result in disciplinary action i do have the right to representation. And that if i turn up there and they have a notetaker i have to request an adjournment.

whiteroom184

Does anyone think i may be suspended on Monday? The employee is back from hols tuesday, but can they suspend 3 weeks after the initial incident. To date no body has formally discussed the matter with me? I have a doctors appt prior to the meeting for my depression, i may discuss it with him, but i do not want him to sign me off sick. What are your thoughts?

SarEl

It depends entirely on your company procedure and the view taken by whoever is investigating. I don't think anyone could predict whether a suspension will be considered warranted, but it isn't outsied the bounds of possibility that they may suspend you or move you to other duties whilst an investigation is going on. It depends whether they decide that the matter can be dealt with informally on Monday, or whether it will have to be taken further. It could be nothing more than a bollocking on Monday and the matter is closed as far as you are concerned - or it may not.

whiteroom184

it turned out to be a mediocre bollocking over professionalism in my role, the employee is back tommorow so hopefully i can make my apologies and over time put this one to bed. Thanks for all your advice people

Mistral001

Good that things worked out well. Your employers value you dispite you doubting it on ocassions. Maybe a well-earned holiday is in order.