Disciplinary hearing next week- impossible for me to return, help

wrightk

After waiting almost a month, my disciplinary hearing is finally scheduled for next week. I work in a care home and some may remember me posting about it. anyhow it was alleged i took a client to visit someone who allegedly abused him, which i did not and i know was a complete fabrication and misinterpretation of the client. After being threatened by company to involve the police, the disciplinary hearing has obviously now been wound down and i have been told i might receive a warning or final warning, no mention of termination though as in previous letter. im confident due to having witnesses and evidence i will be cleared, however i cannot see a way forward from this. my manager and i dont get on well and he was the one that initiated this whole process, topped with the fact i have staff members all giving 'evidence' against me which is all a complete fabrication. I cannot see how i can now return to work as normal after this, especially after such an allegation and having to work with the same client on a one to one basis. topped with the fact that i am obviously disliked by the management.

I love the people i look after i just cant see a way forward from this. Is there anything i can possibly do. i dont know whether i have a case for constructive dismissal

ohreally

wrightk wrote: »

the fact i have staff members all giving 'evidence' against me which is all a complete fabrication

Then challenge and discredit their evidence - the hearing will provide the opportunity for you do this. Use you time wisely between now and then to prepare thoroughly.

Why would your colleagues conspire against you?

Have management provided you with their case?

wrightk

i know there has been a lot of collusion going on especially in the statements gave against me. i am confident i will be cleared as i have a lot of statements to back me up and witnesses. i just want to clear my name. what im getting it is, even if i do clear my name how can i be expected to go back to the job with the person i look after on the same basis, who is there to safeguard me if this kind of allegation happens again, and with staff who have actively tried to push me out. i just see it as being absolutely impossible and most of all unfair on the clients i work with

Uncertain

wrightk wrote: »

Is there anything i can possibly do. i dont know whether i have a case for constructive dismissal

Less than 3% of constructive dismissal cases succeed. If you have not first exhausted the firm's grievance procedure this drops to virtually zero.

You need to put your side of the case at the meeting and, if need be, at an appeal. If despite this you are dismissed then seek advice about a possible unfair dismiss claim where you would stand a vastly higher chance of success.

ohreally

Concentrate on achieving a positive outcome at the hearing, pick apart management’s case piece by piece and dis-credit it.

On return to work, arrange a meeting (assuming the employer doesn't) and reach consensus on how you are to be re-introduced back to the working environment and agree that you will no longer work with the service user who made the complaint, if this is a bone of contention then insist you will only attend with a senior as a precaution.

denla

Anyone else think OP might deserve the warning? I don't think the manager would claim his colleagues gave evidence, as in acted as witnesses against OP unless they did.

wrightk

denla wrote: »

Anyone else think OP might deserve the warning? I don't think the manager would claim his colleagues gave evidence, as in acted as witnesses against OP unless they did.

how on earth would you know? im asking for constructive advice. not judgement. the fact of the matter is that myself and the manager havent got on ever since the day i saw him ridiculing my autistic daughter in front of colleagues. i have raised grievances about this and other things in the workplace for example how i believe one of the clients is being financially abused by the management (as he gets 250,000 funding a year yet only recieves £10 a week). All of it has been hushed up. as i have been on the other side myself i know that the management can be quite threatening and you are told to tow the line or effectively lose your job