Dont want tupe

CFC

Too true LazyDaisy, that's why they've got such a bad name. One reason private sector dont want ex public sector employees - you really have no idea whether they are any good or not.

publicsectorworker

zzzLazyDaisy wrote: »

All employers are entitled to dismiss if they are satisfied that GM has occurred. But they are not obliged to dismiss and some will commute the sanction to a final written warning. TBH local government and other non-profit making organisations will often go to the ends of the earth to avoid dismissing an employee, even if they really deserve it (not saying that is what happened here, but it is fairly common).

They said gross misconduct but then when it was pointed out that management would be guilty of this as well they decided to give warning instead. HR have now said i should of had an interview and are asking management to sort this out even though job offers have been sent out.

mcfisco

HR have now said i should of had an interview and are asking management to sort this out even though job offers have been sent out.

Just another box ticking/back covering process
Best get your order in for the new company's overalls before all the popular sizes are gone, I reckon

SarEl

mcfisco wrote: »

Just another box ticking/back covering process
Best get your order in for the new company's overalls before all the popular sizes are gone, I reckon

I agree. You seem to think you've won. You haven't. Getting an interview isn't getting a job. And so what if they end up having to make you an offer. You do understand that they do not want you? So you had better have become employments version of Mother Theresa - every single step out of line will be being watched, and will result in a disciplinary. Nobody is so perfect that an employer can't get them if they want to get them. It's easy. So instead of TUPE and continued service, you can spend your time watching your back for the knives - which will be coming.

gibson123

Publicsectorworker, I think your card is well and truly "marked", you knew that what you did was wrong and there appears no contrition about using the Council's equipment and time to feather your own nest. You also seem to believe you are entitled to continue working for the Council in spite of not caring that you were cheating the public. Next time you see a pensioner paying their Council Tax you should hang your head in shame.

The only hope you have of retaining employment with the Council is to not only change your sense of entitlement to a sense of service to the public and convince the managers of this at interview.

If I was in your very tenuous position I would deal with the elephant in the interview room straight off and say something like.....

I would like to address a question of a past disciplinary issue straight away so that we can go ahead with this interview in a fair way. Then talk about the fact that it was common practice, you did not want to rock the boat, you are sorry etc, and then talk about your exemplary record since and how the Council culture has changed for the better and you are glad that these practices are no longer accepted and how much effort and pride you will take in serving the public to the best of your ability in the future.

zzzLazyDaisy

OP I am pleased you managed to get them to agree to interview you, since you obviously felt aggrieved about this.

But you really do need to start living in the real world....

TUPE means 'Transfer of Undertakings Protection of Employment regulations'. TUPE is how the law protects people's employment when jobs transfer to another organisation.

What this means is that your current employer has no legal duty to find alternative work for you within the organisation.

Yes, you now have an interview, but the job offers have already gone out, and you are about to be interviewed by people who did not originally shortlist you, and have been made to interview you against their wishes. It is very likely that they will find reasons why you are not suitable and realistically you will be unable to challenge this because you have no right to make a claim to a tribunal in these circumstances, so they will just go through the motions.

On the positive side - you have the opportunity to make a fresh start with a new employer, leaving behind the history and problem that you have had with this employer, but at the same time keeping your continuous service (and therefore not being vulnerable for the first 12 months as you would be if you had simply left and gone to a new job).

Finally, under TUPE you do have the right to refuse to tranfer to the new employer. However, at the date of transfer you cease to be employed by your current employer, and they have no further obligation towards you. So you would then have no job at all and no rights at all.

getmore4less

publicsectorworker wrote: »

They said gross misconduct but then when it was pointed out that management would be guilty of this as well they decided to give warning instead. HR have now said i should of had an interview and are asking management to sort this out even though job offers have been sent out.

Management love getting told how to do their job by HR.

Emmzi

getmore4less wrote: »

Management love getting told how to do their job by HR.

HR woman nodding. And sure as eggs are eggs management are doing a lipservice interview to avoid the chance of an ET, which is more expensive to prepare for than pay out on.

publicsectorworker

Emmzi wrote: »

HR woman nodding. And sure as eggs are eggs management are doing a lipservice interview to avoid the chance of an ET, which is more expensive to prepare for than pay out on.

my union have said this might happen which is why they are checking if they can sit in and observe the interview to make sure its fair.

Emmzi

publicsectorworker wrote: »

my union have said this might happen which is why they are checking if they can sit in and observe the interview to make sure its fair.

that is bog all use unless they also observed the other interviews.