Help worried sick here. Gross Misconduct

zzzLazyDaisy

Wait until you have been given the written decision. Hopefully it will give you more information.

Yes you can appeal the decision to give you a final written warning (although the fact that you insist you have done nothing wrong is not enough on its own to overturn the decision, if the decision maker doesn't believe you).

However, the management is entitled to move you. There may be good reasons for moving you and not your colleague - we don't have the full facts, so we don't know why this decision has been made. But ultimately, the employer can require you to work from any department it wishes, according to the needs of the business. You simply don't have the right to insist on working in a particular part of the employer's business.

phathanded

Yes i completely understand that the company can move me to meet the companys needs. However when I work in a department that is undermanned in the first place and I am being moved to a department that is likely to be on short time approaching the quiet season then you can see why I am a bit miffed about it. It makes no business sense. I will need full training in the new department and if I do something wrong they could just sack me as I am on a final written warning. Does my final writtyen warning have to state how they have come to the decision because it will be very interesting to see what it says.

Jarndyce

phathanded wrote: »

Yes i completely understand that the company can move me to meet the companys needs. However when I work in a department that is undermanned in the first place and I am being moved to a department that is likely to be on short time approaching the quiet season then you can see why I am a bit miffed about it. It makes no business sense. I will need full training in the new department and if I do something wrong they could just sack me as I am on a final written warning. Does my final writtyen warning have to state how they have come to the decision because it will be very interesting to see what it says.

You know how they have come to the decision. They have found, having investigated the matter, that on the balance of probablities you were guilty of the relevant offence. You have the right of appeal, so use it, but concentrate on the substantive issues not point scoring. Your union rep 'having a field day' is not going to win your appeal.

You need to convince the appeal chair that no reasonable person given the evidence available could come to the conclusion they did and/or that in the alternative, given the doubt about your personal guilt, that the punishment was too severe given your clean disciplinary record.

phathanded

I am absolutely gutted. I know I still have a job but I feel so let down. I work bloody hard for the company putting in lots of hours and effort just to be treated like this. I know in an appeal I cannot just go in saying I have not done anything wrong. The decision is wrong. Giving me a final written warning puts me in a very precarious position and one minor mistake could mean me losing my job. I will be speaking with my delegate tomorrow and hopefully he can advise me on what to do.

zzzLazyDaisy

phathanded wrote: »

It makes no business sense.

The business sense may simply be that they do not want you working in the same department as the manager who made the allegation.

dandelionclock30

Its no walk in the park being on a final written warning,the smallest slightest thing and your gone! Can you live with the constant scrutiny and the threat of this for the next year or so. I'd think about moving on before you are sacked. Even if your late a couple of times or anything and thats your job gone.

phathanded

zzzLazyDaisy wrote: »

The business sense may simply be that they do not want you working in the same department as the manager who made the allegation.

I do not work with the manager in question anyway.

There is something not right about this. The manager makes a complaint and can only identify me and one other collegue a third remains unidentified. Me and my co-accused neither said or heard such a comment. That is the only evidence there is I promise you i am not leaving anything out. Where is the balance of probabilities that,
a. I made the comment.
b. I heard the comment.
c. I heard the comment and am covering for someone who is getting away scott free?

They are setting a dangerous precedent here. If someone makes a complaint about anyone using derogotary language the company has to issue final written warnings to whoever is accused despite it being one word against another or in my case two peoples version of events against one persons.

zzzLazyDaisy

phathanded wrote: »

They are setting a dangerous precedent here. If someone makes a complaint about anyone using derogotary language the company has to issue final written warnings to whoever is accused despite it being one word against another or in my case two peoples version of events against one persons.

They are not setting any sort of precedent at all.

The manager who made the decision to give you a warning has considered all the evidence, and has decided that he believes the manager's version of events instead of what you and your colleague are saying. He is entitled to come to that conclusion.

phathanded

zzzLazyDaisy wrote: »

They are not setting any sort of precedent at all.

The manager who made the decision to give you a warning has considered all the evidence, and has decided that he believes the manager's version of events instead of what you and your colleague are saying. He is entitled to come to that conclusion.

So when these employers complain in the media that the employee's have all the power it is all lies. Basically they can do what they want. If my appeal fails I have nothing. The HR director was in my disciplinary doing the minutes(they were also in my investigation doing the minutes) and also the person that rang me to tell me the outcome. They are in constant contact with the other directors who my appeal will be heard by. So do people really think that I am going to get a fair appeal? Then what happens? I am on a final written warning having done absolutely nothing wrong. One small step out of line and I am fired for no reason and I have no ability to go to a tribunal. I am absolutely gutted.

zzzLazyDaisy

HR are not involved in the decision making process. That is the responsibility of the person chairing the meeting. The role of HR is to ensure that the meeting is conducted fairly and according to procedure, and to take notes. This is normal procedure, and not something that you can reasonably argue with.