Facing Gross misconduct

antonic

It counts for nothing.

I have been investigated (and acquitted) for sexual harrasment.

If I had been found guilty I would have been dismissed for Gross Misconduct , despite having done 18 years.

pearl123 wrote: »

Your 24 years service should count for something!
I want to wish you all the best.

antonic

If your colleagues have been called as witnesses, they have to co-operate (I am a civil dervant and was investigated for sexual harrassment and cleared, but people were called as witnesss who didnt want to be called.
They were told once called you HAVE to co-operate or thats a disciplinary offence).

With regards to the phonecalls, did you have it confirmed IN WRITING, that you could call your husband ? - if you didnt that might be a problem.

Are they doing this for just these reasons or is there something going on in the background that makes them want to get rid of you and you dont want to disclose ?.

living_nightmare wrote: »

thank you for your help everyone - I have now had my investigative meeting. On the original letter saying I was to be investigated for gross misconduct it said - excessive mobile phone usage - this was my own mobile phone they were referring to - this allegation disappeared when the next letter came in saying it was now personal emails and personal computer use. I did a bit of a quick search on my computer and found 6 emails to my home address over a 4 year period - not excessive and the same number of documents. When I went to my investigative meeting neither of these were mentioned!! I had to explain my job and was then accused of using the computer for personal use - they gave me a copy of the web usage - I can see 3 websites that I looked at in one of the months which totaled 15 minutes for the whole month - the sites were to do with my anxiety, my husband being diagnosed with narcolepsy and a football club my son wanted to join. Many of the sites that were listed were adverts on the sites I had genuinely been on. In total over a 5 month period I have averaged one and a half days on the web - my job is to undertake research - so hardly excessive. The telephone calls I explained were to check on my husband who is very ill and i had had permission off my previous manager and my colleague could verify that.

my two work colleagues have now been called in to give evidence. The one thinks it is a witch hunt and does not want to get involved. The other which has surprised me has agreed to go - they want to look at his internet usage to benchmark against me and check what sites - we do the same job but research different areas so our websites will not be the same. they want to print out his websites but he is not to worry they will not use this against him - just me - not sure I would trust them! they have also asked him to comment on my behaviour in the office - isnt that subjective. I think this is because I have been suffering with anxiety and depression and have said I have had no support - is he qualified to judge my behaviour!! Sorry needed to get this off my chest again. I had my meeting last Friday and was told I would get a copy of my minutes by Tuesday this week - I am still waiting.

dktreesea

living_nightmare wrote: »

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.

Make sure you take your union rep at least, or some legal representation along with you to any meeting with HR and also tape the meeting. Just keep in mind, HR is never on the employee's side. They are there as bullyboys, to enforce whatever the management want to impose onto the staff, however illegal or immoral.

And make sure any allegations are supplied to you in writing, including who made the allegations. That way, when you sue the council you can also sue the individuals who have slandered you.


I think you should go to the Citizens Advice Bureau and get some legal advice. This sounds like a campaign of sustained harassment to me.

Uncertain

dktreesea wrote: »

Make sure you take your union rep at least, or some legal representation along with you to any meeting with HR and also tape the meeting. Just keep in mind, HR is never on the employee's side. They are there as bullyboys, to enforce whatever the management want to impose onto the staff, however illegal or immoral.

Whilst you have a legal right to take a union rep or a work colleague with you to a disciplinary meeting you do not have the right to take "legal representation". The employer may allow this if they choose although it is most unlikely.

Exercise extreme caution regarding regarding secretly taping the meeting. Although it is not illegal to secretly record a conversation you are party to it would almost certainly be viewed as misconduct if you were caught. Under some circumstances transcripts from such recordings have been allowed as evidence at tribunals but this is far from clear cut. There are civil implications under the ever evolving privacy laws the moment you play the recording to a third party. To record any parts of the meeting when you are not present (i.e bugging) could be a criminal offence.

Uncertain

dktreesea wrote: »

And make sure any allegations are supplied to you in writing, including who made the allegations. That way, when you sue the council you can also sue the individuals who have slandered you.


I think you should go to the Citizens Advice Bureau and get some legal advice.

That would be libel, not slander and it would require a vastly expensive high court action. Unless you could find a solicitor willing to take the case on a no win no fee basis the costs and risks are likely to be far too high.

If the CAB are willing to put you in touch with a solicitor then fine but otherwise remember you are just getting the advice of a lay volunteer with minimal training.

If you are a member of a union then they should provide legal advice if necessary. You cannot have two legal advisors working for you and if you make other arrangements the union will walk away. Explore their options first.

living_nightmare

as far as i aware there are no other underlying issues - other than the manager who instigated this never hid the fact he did not like the team i work in regardless of who they were. my work has always been up to date, i have never been criticised for my work so assume it was always up to standard - i never entered into internal politics - funnily enough the section i work in is now being restructured and our director called us all in to say we were dysfunctional - they know the problems in the team regarding bullying

gibson123

Are you a Carer for your husband and does he have a disability?

If you are you may have additional protection under the Public Sector Equalities Duty. Especially if the calls were in relation to your husband's illness

See below, I have put in Bold the pertinent bits.

The Act protects people from discrimination on the basis of ‘protected characteristics’ in the receipt of services and in employment. These are: age, disability; gender reassignment; pregnancy and maternity; marriage and civil partnership, race, ethnic or national origin; religion or belief; sex (female/male) and sexual orientation. Carers of someone with a disability are also protected by the Act 'by association'.

living_nightmare

I work full time so cannot claim carers allowance but as his wife yes I am his carer - he receives low rate care dla, has a blue badge, is under welfare services he has been under specialists since 2010. I know there have been huge issues at work regarding the equalities duty and whether they have received adequate training to discharge the duty. I am still not sure I qualify for this I would need more information. thanks

gibson123

Basically the law changed in 2010 and the Public Sector duties were strengthen in that there could be a legal challenge if they do not uphold the rights of those with Protected Characteristics.

As your husband is disabled and you are in effect his main carer, you are protected by "association".

Now some organisations have worked out what this means and have changed their policies accordingly, but other and your work appears one of them haven't quite grasped what this means.

Get in touch with the person in charge of equalities in your organisation, and ask them about how to enforce your rights in this situation.

If they will not help then:
contact the Equality Advisory and Support Service (EASS)

Phone: 0800 444 205
Textphone: 0800 444 206



Opening hours:
09:00 to 20:00 Monday to Friday
10:00 to 14:00 Saturday
closed on Sundays and Bank Holidays

Post: FREEPOST Equality Advisory Support Service FPN4431

You could also speak to one of the Carers Charities such as the Princess Royal Trust and see if they can help.

Good luck

eamon

It looks like they are trying to manage you out of the building. Misuse of the internet and not fully complying with the IT policies is a cheap & nasty way of doing this. However it is all lawful. As others have said if you are a union member you need their help.