Gross Misconduct - Falsifying records

MissSarah1972

Uncertain wrote: »

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!

So say someone was late every day and nothing happened to them but you were late once and get a warning, they can do that? I guess they can then if thats what you are saying.

marybelle01

MissSarah1972 wrote: »

So say someone was late every day and nothing happened to them but you were late once and get a warning, they can do that? I guess they can then if thats what you are saying.

Well yes they can - and especially since you can't go to a tribunal over a warning anyway!

MissSarah1972

marybelle01 wrote: »

Well yes they can - and especially since you can't go to a tribunal over a warning anyway!

and if you get sacked for it?

marybelle01

MissSarah1972 wrote: »

and if you get sacked for it?

Oh dear, you simply don't know what tribunals do - here's a better explanation than I can give http://www.redundancyforum.co.uk/frequently-asked-questions/5583-my-redundancy-scores-arent-fair/

The bottom line is that the OP is guilty and even if they could prove that everyone does it, it wouldn't really help for the reasons already explained. So telling them to go to a tribunal isn't really helping. What you think is fair and what a tribunal thinks is fair just aren't the same thing.

MissSarah1972

marybelle01 wrote: »

Oh dear, you simply don't know what tribunals do - here's a better explanation than I can give http://www.redundancyforum.co.uk/frequently-asked-questions/5583-my-redundancy-scores-arent-fair/

The bottom line is that the OP is guilty and even if they could prove that everyone does it, it wouldn't really help for the reasons already explained. So telling them to go to a tribunal isn't really helping. What you think is fair and what a tribunal thinks is fair just aren't the same thing.

Oh dear I was trying to work out what was fair as in equal treatment but I guess you shouldn't expect equal treatment when you work for someone.

Obviosuly I have given the wrong info and OP you can't take them to a tibunal or claim to be treated unfairly.

caeler

You state your old manager was aware of the practice (even though it was fraud ie. claiming payment for not doing something). I wonder if you could prepare an explanation around this? So actually you are saying whilst you appreciate it is technically wrong you were permitted to do it. Is there anybody else who could back you up?

Although this will be about individual conduct, can you prove that others did the same thing you did and find out if anything happened to them?

Is there any way you could work out the additional financial impact of this 'cheat'? Gross misconduct is serious (obviously) but there is usually a reason - so falsifying records but what was the impact in real terms?

You are entitled to take a work colleague or trade union representative to this meeting so you can take who you want as long as they meet this criteria. Tell them to check the ACAS guide if they disagree.

Good luck.