Help worried sick here. Gross Misconduct

Uncertain

R8ch3l wrote: »

I agree with PP... you need representation at the meetings and they can't prove a thing. Stick to your guns!

I wish people would try to understand the basics!

They don't need to "prove a thing", this is not a criminal court. For an employer to dismiss (or impose a lesser sanction) he merely needs a reasonable belief that the behaviour happened.

Dismissals have been upheld by employment tribunals on this basis even when it has subsequently been proved that the employee was "innocent". All that matters is that it was reasonable for the employer to have come to that conclusion at the time.

You may not think this is fair but it is the law.

RobertoMoir

phathanded wrote: »

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.

I can see how you feel stitched up and I'd feel the same way.

Having said that, I can only echo the advice you've had already that you need to concentrate on what's relevant... and while things like being seperated from your relative giving you problems travelling to work might be extremely relevant to you, it isn't relevant to the employer and isn't something I'd complain about.

I suspect that you've been moved in order to split up any potential clique that they think might have done wrong - this might not be intended as a direct "punishment" against you but rather an effort to break up a group of staff who they fear might be a problem when they work together.

I wouldn't like to say for sure if simply being moved to another shift/department was grounds for complaint but I suspect not.

So you're left with the warning itself and the procedure. I'd be interested in their reasoning for giving you a harsher level of warning than the other suspect.

phathanded

Ok I know that I have to fully focus on my appeal and that is what i am doing. There has been a very interesting development today. Although I cannot divulge the details as I dont know 100% whether it is true. It could affect my case although it is not directly connected to the case.

I didnt recieve my warning in writing today, how long do I have to wait until i recieve it? I just want it over and done with because if my appeal fails then every day that is wasted not sorting it is another day with the warning over my head.

daggy

So has anything else happened? Did the warning arrive?

celinepatricia

Any updates???

Tuesday_Tenor

Followed your ordeal last autumn ...

How are you phathanded, and what happened in the end?