Help worried sick here. Gross Misconduct

phathanded

I am not complaining about HR being involved. I am complaining that the same member of HR (the HR director) will be involved in each and every stage of this. They are close to the manager making the accusation and I just cannot believe that they have had no influence on the outcome of this complaint.

Sambucus_Nigra

Have you been told why it is a FWW yet?

phathanded

Sambucus_Nigra wrote: »

Have you been told why it is a FWW yet?

Not yet sambucus will find that out tomorrow when i get my letter. Will it really matter?

firesidemaid

be advised by your delegate, but i would appeal.

i believe that each of you should be punished equally - i think that is a point to raise.

i also agree that it needs reconsidering that the punishment was too harsh (considering that a 'third' person goes unpunished).

it will have to be different people handling and running the appeal from now on (as far as i know).

just out of interest, does your company have a staff handbook and written disciplinary procedure etc? worth looking at intensely, including how long you have in which to make an appeal.

do you think your colleague will also appeal?

you will need to get your delegate to ensure that you will be fully and correctly trained in your new role;) does this start tomorrow?

Sambucus_Nigra

phathanded wrote: »

Not yet sambucus will find that out tomorrow when i get my letter. Will it really matter?

Well, usually for GM either they think you did it or they decide you didn't. If they think you did, then why not get rid of you? If they think you didn't, then drop the issue.

It's all very odd.

dandelionclock30

Yes thats exactly right they can do what they want, and the people who do the appeal tend to support the management not the person on the warning. If they want to get rid of you they will do now very easily. If you think about it you didnt do what you were accused of whos to say the same thing wont happen next week?
I wonder if they are trying to get away with not paying redundancy and looking for people to sack instead.
I'd be looking at a compromise agreement now and getting out while I could. I've been on a final written warning after being set up and it was like walking on eggshells wondering if everyday was to be my last! Honestly if you scrape a chair in a meeting you will be gone! In my opinion you need to be managing your exit.

Pupnik

It sounds like a very unfortunate situation, I do not understand what the final written warning is for- making the comment or covering for someone? If it is covering then both accused should get the same punishment.

The fact that you are being moved into an area which you are not trained for and which is overstaffed while you are on a final written warning makes me feel like they are setting you up to fail and they could be looking for any excuse to sack you now. I would be looking for another job, but will that FWW come up when you ask for a reference?

firesidemaid

you and your delegate need to study every single letter, every date, every signature, every witness statement, every word etc etc of the evidence you get - and also note what you do NOT get. (in one of our cases, the alleged 'damning' statement used as evidence to dismiss was written/dated/timed AFTER the dismissal)!

it will be quite telling to see if they really have done enough investigating and gained enough evidence.

what has their confidentiality been like? has anyone involved in the investigation been indiscrete? has everyone at work been talking about it?

do you have regular appraisals - do have copies of the paperwork, would they or any other documentation you have be helpful to your case?


are there any witnesses you could call?

ohreally

phathanded wrote: »

I am not complaining about HR being involved. I am complaining that the same member of HR (the HR director) will be involved in each and every stage of this

Discuss this with your union rep - there is the potential for this to be in breach of policy. In terms of the appeal process, who hears it at that stage and does the HR directors continued presence contaminate the process?

The disciplinary policy, when was it last reviewed - again raise this with your rep. Your appeal case statement may wish to visit these areas.

phathanded

Sambucus_Nigra wrote: »

Well, usually for GM either they think you did it or they decide you didn't. If they think you did, then why not get rid of you? If they think you didn't, then drop the issue.

It's all very odd.

I know it is very odd. I will be consulting my delegate tomorrow and I have 7 days to appeal I think.
Both of us will be appealing because this punishment is very harsh indeed and I agree we both should be punished equally. The management know that I get a lift to work with my relative in the department i worked in. I could be working different hours in the new department thus making it difficult for me to get to work. I live 20 miles away in a rural area and there are no buses that can get me to work early enough. They are fully aware of this and have been for six years where I have never been late or absent. I am just devastated at how I have been dealt with.