Suspended from job, advice needed

Deinonychus_2

pickpocketlocket wrote: »

You have misunderstood the quoted section from the DMG. If you are due to be dismissed for misconduct, you may still be sanctioned - if you reread 34254, this is what it means.

I haven't misunderstood. I may still be sanctioned but it is a grey area. It all depends on the attitude of the person making the decisions on the day I imagine! I stand a chance to be seen as not leaving voluntarily. However, if I am sacked I stand no chance and I will be sanctioned. Either way, the outcome may be that I am sanctioned for misconduct but I stand half a chance by resigning.

pickpocketlocket

Deinonychus wrote: »

I haven't misunderstood. I may still be sanctioned but it is a grey area. It all depends on the attitude of the person making the decisions on the day I imagine! I stand a chance to be seen as not leaving voluntarily. However, if I am sacked I stand no chance and I will be sanctioned. Either way, the outcome may be that I am sanctioned for misconduct but I stand half a chance by resigning.

It is not a grey area at all - a DM can tell the difference between someone that is about to be dismissed through misconduct and someone that may be dismissed through no fault of their own! The only saving grace you have is that it may take a few weeks for a determination to be made, and you will receive payment until this time.

ohreally

Disciplinary outcomes should be fair taking into account all the circumstsnces, they should also be consistant.

Has TU been in touch/ put a toe in the water with management to find out how they intend to play this?

marybelle01

Deinonychus wrote: »

I haven't misunderstood. I may still be sanctioned but it is a grey area. It all depends on the attitude of the person making the decisions on the day I imagine! I stand a chance to be seen as not leaving voluntarily. However, if I am sacked I stand no chance and I will be sanctioned. Either way, the outcome may be that I am sanctioned for misconduct but I stand half a chance by resigning.

I think you will find that the DWP don't see it as a grey area at all. Instead of wasting your time trying to outwit the decision makers, I would concentrate on trying to stay in employment - or find something else fast.

Deinonychus_2

Iam not trying to outwit anyone. I am simply trying to find out the best course of action. It states that if I quit "because (I) genuinely believed that (my) employer was about to end (my) employment at once" that I have not voluntarily left my employment. But they can decide to sanction me on the grounds of misconduct anyway. There is no way of knowing what decision they will make until they make it, though. However if I am sacked for misconduct there is no decision to be made, it is a sanction for sure.

I have spoke to a union rep and they just say we knew it was wrong so basically have no leg to stand on. I can't change their minds if they decide to sack us. I do plan to do/say what I can at the meeting tonight to keep my job. But I imagine that if one of us is to be sacked, we all are. So, nothing I say will hold much weight. I do hope sacking isn't the case! But I will know in advance if it is because of the letter I receive. I certainly wouldn't quit unless I was certain I am facing dismissal.

I was just after some guidance on how to best go about things for the sake of my family and our financial future. I wasn't expecting to be treated like someone who was trying to outwit the system because I certainly am not.

pickpocketlocket

Deinonychus wrote: »

Iam not trying to outwit anyone. I am simply trying to find out the best course of action. It states that if I quit "because (I) genuinely believed that (my) employer was about to end (my) employment at once" that I have not voluntarily left my employment. But they can decide to sanction me on the grounds of misconduct anyway. There is no way of knowing what decision they will make until they make it, though. However if I am sacked for misconduct there is no decision to be made, it is a sanction for sure.

I have spoke to a union rep and they just say we knew it was wrong so basically have no leg to stand on. I can't change their minds if they decide to sack us. I do plan to do/say what I can at the meeting tonight to keep my job. But I imagine that if one of us is to be sacked, we all are. So, nothing I say will hold much weight. I do hope sacking isn't the case! But I will know in advance if it is because of the letter I receive. I certainly wouldn't quit unless I was certain I am facing dismissal.

I was just after some guidance on how to best go about things for the sake of my family and our financial future. I wasn't expecting to be treated like someone who was trying to outwit the system because I certainly am not.

What letter will you receive before the meeting?

marybelle01

Deinonychus wrote: »

I am simply trying to find out the best course of action. It states that if I quit "because (I) genuinely believed that (my) employer was about to end (my) employment at once" that I have not voluntarily left my employment. But they can decide to sanction me on the grounds of misconduct anyway. There is no way of knowing what decision they will make until they make it, though. However if I am sacked for misconduct there is no decision to be made, it is a sanction for sure.

You are deluding yourself. But you won't be told, so there's no point in continuing the point.

Deinonychus_2

pickpocketlocket wrote: »

What letter will you receive before the meeting?

If I get a letter stating that I am to attend a disciplinary meeting with a certain person then I will know it means the outcome is dismissal.

Deinonychus_2

marybelle01 wrote: »

You are deluding yourself. But you won't be told, so there's no point in continuing the point.

This thread is asking for advice, so in what way will I not be told? If I have it totally wrong, explain it rather than being rude. I read it over and over. So did my wife. I am just explaining it how we understand it (how it is written in black and white)

pickpocketlocket

Deinonychus wrote: »

If I get a letter stating that I am to attend a disciplinary meeting with a certain person then I will know it means the outcome is dismissal.

You can't know that for certain - you would be ill advised to make such an important decision on the basis that a certain manager will be taking the meeting. How would you feel if you resigned and then others went in and kept their job?