Gross Misconduct - Falsifying records

jem170884

Basically I wave been working at a call center for 18 months or so, term time only, a new manager started 6 months ago and took an instant disliking to me, on a number of occassions I have told her that I felt witch hunted and she has brushed it aside. After having the summer off (as contracted) I returned to work this morning and was informed I was suspended with pay under investigation of falsifying my call times, told to attend a disciplinary meeting later this week and if found guilty I would be dismissed. I was handed an envelope of evidence. The facts are that I was targeted on out going call times, I was never able to meet this target so I let automated options run for a while to build up time. My supervisor was always aware of this and joked about it but never told me not to do it. During the summer my new manager has looked through all the call records and build a case which I cant really argue - its all there in black and white, I know other people in the company have done exactly the same thing as if you didnt reach your targets you are accused of chatting to work mates or not working.
I called HR as soon as I got home, they said if I admit it then Im out and if I am found guilty then Im out. I asked what happened if I didnt turn up, they said I would have a damn good reason not to and they would carry on without me, I asked if I wasnt able to attend due to illness what would happen, again damn good reason, I am not able to take an independant person to this meeting, only 1 of 2 selected reps, one of which the managers daughter, bascially I have no real option but to go in and hold my hands up and get the sack.
I know this will affect my chances of getting a job and probably wont be able to get jsa. I really dont know what to do.
Can anyone offer any advice? Anyone been in a similar possition and won?

jem170884

Oh FYI I am paid commission based on my call times so am expecting to have to pay this back

DVardysShadow

jem170884 wrote: »

Oh FYI I am paid commission based on my call times so am expecting to have to pay this back

As you had not been told not to do it, I would have argued that the employer was in the wrong. But given the above, there is no excuse - you knowingly swindled the employer.

I don't suppose you are in a Trades Union - if you are, you should be able to call on a union rep to attend the disciplinary with you. Sometimes if representation is good, the sanction can be argued down to final written warning.

Now, you need to think about damage limitation and what you need to say to try and convince them that they would do better to keep you and give you a final written warning,

MissSarah1972

To a disciplinary I thought you can take a person of your choice? What about a union rep?

maninthestreet

As you admit to doing what you are accused of doing, and I don't see how anyone on these boards can help you.

MissSarah1972

Also if found guilty you say ' I know other people in the company have done exactly the same thing as if you didnt reach your targets you are accused of chatting to work mates or not working. '

Take them to tribunal if you have not been treated fairly as they should have done to the same to all the others that work there.

blossomhill_2

Your best bet is to choose the unbiased person of the 2 you are offered.

You can't expect an employer to list everything you are not supposed to do - they will expect you to act honestly, as a given. You will have been told how to do it correctly, and have chosen to do otherwise - the supervisor may have been giving you enough rope to proverbially hang yourself.

I don't think the manager's personal feelings come into it, if you knew you were being observed that would have been all the more reason to stay tightly within the rules ~ when I have worked for people who I felt I couldn't trust I always worked an extra 5 minutes even if they said I could leave early

I don't mean to sound harsh but I agree that there is not much we can offer you - you could argue it is custom and practice if you can prove that others do it too, but I think it will still be obvious that you were knowingly ignoring instructions on how to do it correctly, which resulted in false commission claims

Best of luck anyway, perhaps a lesson learnt and you will need to work hard to rebuild your employment history, perhaps by doing some voluntary work that doesn't involve a position of trust?

marybelle01

MissSarah1972 wrote: »

Take them to tribunal if you have not been treated fairly as they should have done to the same to all the others that work there.

Interesting idea. And since the OP is in fact guilty, they will be providing exactly what evidence that this is the case? I queue of former colleagues admitting they did it, so that they then can also be dismissed for the offence? Or perhaps management are going to fall over and confess all in a sudden rapture? Or is the case going to be "yes, I am guilty, but so is everyone else although I have utterly not a shred of evidence to prove this" ?

MissSarah1972

marybelle01 wrote: »

Interesting idea. And since the OP is in fact guilty, they will be providing exactly what evidence that this is the case? I queue of former colleagues admitting they did it, so that they then can also be dismissed for the offence? Or perhaps management are going to fall over and confess all in a sudden rapture? Or is the case going to be "yes, I am guilty, but so is everyone else although I have utterly not a shred of evidence to prove this" ?

But how does the OP know they all do it? If they all do in fact do it the company will have the evidence just like they have on the OP but have probably made them a target as the OP said the new manager took a dislike to them.

marybelle01

MissSarah1972 wrote: »

But how does the OP know they all do it? If they all do in fact do it the company will have the evidence just like they have on the OP but have probably made them a target as the OP said the new manager took a dislike to them.

You don't get it - how does the OP prove it? The company are not going to turn over evidence that other employees do it, are they - and they can't be forced to either because it isn't data relating to the OP. I've got plenty of sympathy for the OP, but what evidence do they have of any of this - none! And most everyone who ever got sacked says their manager didn't like them, or that "everyone does it", or that they've been "targetted"! The fact is that the OP is guilty and they are in a corner - the dismissal would be fair according to the law.

Uncertain

MissSarah1972 wrote: »

Take them to tribunal if you have not been treated fairly as they should have done to the same to all the others that work there.

Oh dear.....

Maybe they "should" in your eyes but there is no legal requirement for them to do so. The only exception would be if they were discriminating on the legally protected grounds of gender, race, sexuality etc. Apart from these they can discriminate in any way they like!