Disciplinary action

unfairdismissal

Hi,
I work with some IT company in London. I am suspended since 20th March for disobeying instruction from a colleague. Then from my manager and team lead.
The outcome of hearing was to issue me a final written warning. But they immediately suspended me again to investigate whether there is a breakdown in trust and confidence. The hearing for that and appeal for outcome of first hearing is yet to happen.

Reason given for possible loss of a breakdown in trust and confidence was that a) during the whole process I never accepted that the instruction is part of my job and they feel that I may refuse again in future and b) I made unsubstantiated accusations of bias against colleague, team lead, manager, chairperson, HR during the disciplinary process. I did accuse chairperson of bias as she had made lot of announcements of my guilt during first day of hearing even before I put my case completely. I did accuse colleague of bias because of his personal vendetta against me. I tried to stress that he has no authority to instruct me. But they say that he has because of role he is playing in project.

I was given instruction on 18th March which I started working on but was not able to focus and I said same day that I hate this task and can it be done other way or give me 2 more days for this. On 19th I told colleague that I can't do it. Same day there was a meeting with my manager and manager asked me to go home and come next day. He got HR involved in that meeting on 20th. At end of discussion I said I will work on that task. But he said I can't let you work on it grudgingly and suspended me from work.

I can't go in much more detail here.
I believe I have a strong case that instruction given was not reasonable and my refusal was not unreasonable.
That is the reason that they downgraded from gross misconduct to misconduct.

Do you think employer is acting reasonable here. I have decided to go to ET if they dismiss me. Do you think I have any chance of winning. Any advises? Anyone knows nuances of employment law and how ET treats such cases. In I get dismissed it will be based on SOSR (some other substantial reason) not performance or conduct. loss of trust and confidence comes under SOSR.

Takeaway_Addict

how long have you been employed for?

unfairdismissal

Takeaway_Addict wrote: »

how long have you been employed for?

I have right not to be unfairly dismissed. I am employed since dec 2011. completed 16 months.

Takeaway_Addict

thats good. So considering the relationship has broken down what do you want as the outcome of this?

unfairdismissal

Takeaway_Addict wrote: »

thats good. So considering the relationship has broken down what do you want as the outcome of this?

Compromise agreement will be best for both parties. Few months salary and positive reference. But I am not sure what will be their reaction if I introduce idea of CA.

ohreally

If the other party are setting their stall out to dismiss, whats in it for them to agree a ca? (i'm playing devils advocate, not suggesting you have no merit).

Takeaway_Addict

ohreally wrote: »

If the other party are setting their stall out to dismiss, whats in it for them to agree a ca? (i'm playing devils advocate, not suggesting you have no merit).

Agree but the OP isn't being unreasonable asking for a few months salary and a reference. For ease and no risk of tribunal they may just go for it.

Unfortuantely for the OP, only they can see how they may react.

And of course OP, get some proper advice first if you can.

unfairdismissal

employer is a respected charity organisation which is concerned about its image in media. I am not using this to blackmail them. Only 10% cases in ET go in favour of claimant so I am not relying on employer's media concern and media won't bother about all ET cases.

It was just a genuine case of not able to work on some difficult task on some bad day. And it was blown out of proportion by management. And all I might ask is to be paid my financial losses and compensation for loss of statutory rights.

Emmzzi if you are here what 'whole story' you are interested?

Takeaway_Addict

The problem is that with so little detail its very hard for anyone to advise let alone someone like Lazy Daisy or CrazyJamie.

If you are unable to give more detail here I suggest it maybe worth PMing one of those two or ultimately paying a employment lawyer for an hours worth.

ILW

As an employee, it is not your decision whether you do a particular task or not if you are instructed to do something. I would want someone out if they had your attitude.

heretolearn_2

I'm kinda with ILW here.

Unless what they asked you to do was completely out of your skills/experience, (so for example you work as a gardener for the charity and they asked you to complete a grant funding bid), most contracts require you to do 'other duties as required' rather than a strict list of 'these are my jobs/these are not my jobs'.

The only reason you give for not doing it are 'not able to focus' and 'having a bad day' - which are simply ridiculous reasons for not doing something. We all have bad days, we all have days when our concentration is less than it should be, we all have days when we'd rather be sawing off one of our own legs than stuck at work, we all have to do things that we find 'hard', but that's no excuse for not getting on with what needs to be done.

I think a lot of your problem here is that you simply don't think you should have to do whatever task it was, and your employer thinks you do. Your employer decides what your job is, not you.

TBH you just sound awkward/lazy, on the information you've given us. Unless it really was something totally and unreasonably out of your remit.