advise please - gross misconduct !!!!!

dorien

I have taken advise from Acas but just wondered if anyone can help if they have had experience with this sort of thing. I was given a letter by my employer stating they had "a reason to believe there has been an occurrence of gross misconduct" I was asked to collect my belongings and leave the premises and to return for a disciplinary meeting 2 days later. They refused several requests to tell me the reason saying they didn't have to tell me till the meeting. on advise I sent a letter requesting written information of the allegation and would attend a meeting when I had all the info. They received the letter 2 days ago and so far have not replied. Should they still be paying me whilst this is going on. I have no idea what they are accusing me of. I do know they would like to get rid of me as the new "boyfriend" can do my job (and is now doing it now I'm not there) the business is also up for sale !!

Tiddlywinks

What did ACAS say? They are *the* experts...

Pricivius

It sounds as though you are currently suspended - if so, this should be on full pay.

How long have you worked there? This will tell us whether they need to comply with procedure.

There can be reasons to withhold the misconduct allegation from you - if you could destroy evidence, for example - but this would be very unusual.

ValHaller

They are supposed to conduct an investigation and hear your side of the allegations. They do not need to tell you the allegations before they have you in for an investigatory. Only after an investigation should they have the actual disciplinary where you know the charges before hand

Uncertain

Tiddlywinks wrote: »

What did ACAS say? They are *the* experts...

If only that were true!

Sadly, at the first level they are just a call centre with minimally trained staff following a script.

At higher levels, such as would become involved in an attempt to mediate before a tribunal they are much better.

Uncertain

OP, you need to be clear if you are being asked to attend an investigatory meeting or a disciplinary.

If it is in fact the latter then you are entitled to see the evidence in advance and have a legal right to be accompanied by a work colleague or trade union rep. If they deny you either then any dismissal would automatically be unfair.

If it is an investigation then neither apply.

In any suspension you should be paid as it is (in theory) a neutral act to allow a proper investigation to take place.

dorien

Uncertain wrote: »

OP, you need to be clear if you are being asked to attend an investigatory meeting or a disciplinary.

If it is in fact the latter then you are entitled to see the evidence in advance and have a legal right to be accompanied by a work colleague or trade union rep. If they deny you either then any dismissal would automatically be unfair.

If it is an investigation then neither apply.

In any suspension you should be paid as it is (in theory) a neutral act to allow a proper investigation to take place.

It's a disciplinary meeting, no investigatory meeting held at all. they just turned up gave me the disciplinary meeting letter and told me to go .Despite sending 2 letters to them since, which they have ignored so far, I still don't know what it's all about.

dorien

Pricivius wrote: »

It sounds as though you are currently suspended - if so, this should be on full pay.

How long have you worked there? This will tell us whether they need to comply with procedure.

There can be reasons to withhold the misconduct allegation from you - if you could destroy evidence, for example - but this would be very unusual.

been there 5 years. not been made aware of what the allegation is !

Takeaway_Addict

Uncertain wrote: »

If only that were true!

Sadly, at the first level they are just a call centre with minimally trained staff following a script.

At higher levels, such as would become involved in an attempt to mediate before a tribunal they are much better.

Tiddlywinks I believe was being sarcastic

Uncertain

Takeaway_Addict wrote: »

Tiddlywinks I believe was being sarcastic

Ah, the lowest form of wit! (to quote Oscar Wilde)!

Pricivius

Okay. So it would appear that you have been suspended pending the disciplinary meeting. You should be receiving full pay during the suspension.

There is no obligation to hold an investigatory meeting - in some instances it is just not necessary. As for the invite to a disciplinary, they should have a policy detailing their disciplinary procedure so many sure you have a copy of this, or ask for one if you don't. You are entitled to ask to be accompanied by either a union rep or a colleague. As for the allegations which they have not put to you, in very unusual circumstances, this can be justified.

In your shoes, I would write to them, firstly requesting a copy of the disciplinary policy (if you don't have one). I would also state that I am prepared to attend the disciplinary meeting but that I would like Julie the Union Rep or Cyril the Colleague to accompany me. I would finish off by stating that I have not yet been advised of the allegations which will be put to me and that I have received no evidence or documentation in support of the allegations. I would make the point that if the company insists on keeping the allegations secret, that once the allegations and evidence are put to me at the hearing, I am likely to request an adjournment to be able to consider my response and possibly prepare documents or witnesses in support.