Facing Gross misconduct

living_nightmare

I have been employed for 24 years at the same firm and have been moved round in restructures. For the last 3 years we have not been managed. I have been suffering with anxiety and depression for the last 2 years. The section that I have been moved into hates me and my other two colleagues which they have made no attempt to hide. I have an exemplary record and have never been in trouble in all the years i have worked there. In April my manager (who when he took us over said he would not manage use, have one to ones or team meetings as he was leaving in May) called me in to say I was being investigated regarding telephone misuse and internet. I broke down as I could not believe it. I had had permission from a previous manager to phone home in a morning and evening as my husband is very ill - I had told my now manager this and he had originally said it was ok - now he had conveniently forgotten this. I had tried to talk to him regarding my work but he did not want to know - he said we all had problems. I research for work and so am on the internet a lot. I have made sure all my work is up to date. Now I am being investigated for misuse of councils time and resources - telephone, email and internet. Every time I get a letter something else has been added to this. I have been bullied by HR to try to take a compromise agreement which I turned down and now have external investigators involved. I am so worried I am going to lose my job. Can anyone help me with what happens next.

amyloofoo

living_nightmare wrote: »

I have been employed for 24 years at the same firm and have been moved round in restructures. For the last 3 years we have not been managed. I have been suffering with anxiety and depression for the last 2 years. The section that I have been moved into hates me and my other two colleagues which they have made no attempt to hide. I have an exemplary record and have never been in trouble in all the years i have worked there. In April my manager (who when he took us over said he would not manage use, have one to ones or team meetings as he was leaving in May) called me in to say I was being investigated regarding telephone misuse and internet. I broke down as I could not believe it. I had had permission from a previous manager to phone home in a morning and evening as my husband is very ill - I had told my now manager this and he had originally said it was ok - now he had conveniently forgotten this. I had tried to talk to him regarding my work but he did not want to know - he said we all had problems. I research for work and so am on the internet a lot. I have made sure all my work is up to date. Now I am being investigated for misuse of councils time and resources - telephone, email and internet. Every time I get a letter something else has been added to this. I have been bullied by HR to try to take a compromise agreement which I turned down and now have external investigators involved. I am so worried I am going to lose my job. Can anyone help me with what happens next.

Unfortunately I don't have any specific knowledge, so I'm going to refrain from giving you advice. I didn't want to read and run though as I know you must be very worried. This is a horrible situation and I *know* there will be lots of lovely people along to help shortly. Until then *hugs* and best wishes,

Amy x

MissSarah1972

OP - what do you mean by every time you get a letter?

Have you had a meeting yet to be presented with the evidence?

alyth

can't comment on your situation but one thing jumps out - council's time. If you work for a local authority then are you a member of a union that you could contact for advice?

living_nightmare

I have now had three letters and they have each stated something different - in the first letter it said use of mobile phone but this has now gone off the list and email has been added. I have also been called into two meetings and told to meet HR as it would be in my best interest otherwise it would be a formal letter - they have really pushed for me to take the compromise agreement

MissSarah1972

living_nightmare wrote: »

I have now had three letters and they have each stated something different - in the first letter it said use of mobile phone but this has now gone off the list and email has been added. I have also been called into two meetings and told to meet HR as it would be in my best interest otherwise it would be a formal letter - they have really pushed for me to take the compromise agreement

I am not sure and I am sure someone else who knows 100% will come along but why are they giving you 3 letters & 2 meetings and not just sacking you? If they really think and have proof you are in gross misconduct they would either issue a final written warning or fire you.

When you say 'formal letter' are you saying they are going to fire you or just give you a final written warning?

living_nightmare

They haven't investigated fully yet. The letters are to invite me to a meeting to state my case. I am still at work and have access to my computer phone and Internet.

Sambucus_Nigra

LN

Can you give us some indication of whether you have indeed used the phone for any other than an agreed reason, or the internet for personal stuff outside of an agreement, or the email for anything personal other than what has been agreed.

If you haven't already done so, please consider buying a cheap PAYG mobile, and stop using any resources for personal reasons.

What is the reason that they have stated that you sign a compromise agreement? If they have proof that you have committed gross misconduct then they would just dismiss. So there is something else going on here, whether you know it or not.

What else has been going on for them to want to get rid of you?

When they offered a compromise agreement, was the offer worth it and did you get to the stage where they offered a solicitor at their expense to look it over?

Are you a member of a union?

LannieDuck

Do you still have contact with the previous manager who agreed that you could use the phone to call your sick husband? Would they write a letter for you to take to the meeting with HR?

As for internet use, as long as their records show websites that you need for work purposes, I can't see that they'll get very far with that.

I would: a) speak to my union, b) attend the meeting with HR and a union rep to see what evidence they had and what exactly their position is, c) refuse to sign anything or agree to sign anything at the time, d) take the minutes of the meeting along to a solictor and have a conversation wth them.

Acc72

Sambucus_Nigra wrote: »

If you haven't already done so, please consider buying a cheap PAYG mobile, and stop using any resources for personal reasons.

What is the reason that they have stated that you sign a compromise agreement?

If they have proof that you have committed gross misconduct then they would just dismiss. So there is something else going on here, whether you know it or not.

What else has been going on for them to want to get rid of you?

Are you a member of a union?

Hi OP - Firstly, take the advice above re : pay as you go mobile.

Also, hopefully you are in a Union ?


Please also post your question on www.redundancyforum.co.uk

Please note that you will need to provide ALL information (no offence, but it sounds as though there may be more to this than you are initially saying).

You will need to clearly state the facts only, and answer the questions that Sambucus Nigra has posted above.

You need to think clearly for your day to day work, and to be able to describe the full situation clearly and succinctly (leaving nothing out).

Ewarwoowar2

I don't think anyone's actually answered your question, which was:

Can anyone help me with what happens next?

What happens next is that they complete the investigation. If the councilconsiders that it has enough evidence to take the allegations forward, then itcan charge you with the gross misconduct or misconduct. You should be then invited to a meeting andinformed of the allegations against you. The council should also provide you with a copy of the investigationreport and any evidence (print outs of internet use, etc..) prior to thedisciplinary hearing. If the councildecides that there isn’t enough evidence in the investigation, it can end theprocedure.

The above should be set out in the council’s disciplinary policy. You should be able to find this on thecouncil’s website or ask for a copy for HR (if you can bear speaking with them).

To fairly dismiss you for first offence internet/phone misuse, consideringyour length of service, the charges would have to be very extreme, e.g.spending large parts of your working hours on private telephone calls; hoursspent using the internet or on inappropriate internet sites. Even then, there’s an argument about whether itwarrants dismissal without a warning.

Get yourself to the trade union. Ifthey won’t help you, go see a friendly solicitor who will give you an hour’sfree advice.

Better to stand up for yourself now than having to bring a tribunal claimlater.