fear of dismissal

chocoholic24

Hello Everyone

I am new to this forum.. i have been reading it for a few days now and i have finally plucked up the courage to register and share my fears so to speak.. i dont want to put too much information as i think if anyone from my work place reads it they will easily be able to identify this as me (purely because that many people know even though its a private matter!!!)

Basically, i work in retail, and recently, i am being faced with the possibility of dismissal for gross misconduct. however i do not think i have done anything wrong. this has been going on for nearly 2 months now and i think my employers are just dragging it out further to cover the xmas and new years period as if they sacked me there and then, there would be no staff to cover my shifts, whereas in the new year we have 2 new members of staff joining us therefore if (or when) they sack me they wont lose any business.

obviously i am arguing this point, and i have put in a grievance on the back of it. but my fears are, if i am dismissed where does that leave me?

i have been looking for another job ever since this whole situation started purely because i have had enough of the place, long hours, having to take on extra responsibility, no appreciation, no room for progression, all sorts of things have amounted to me looking elsewhere.

my main concern is, if i leave, without working my notice period, what happens? my notice period is 4 weeks and i have been with the company for over 3 years..
a few jobs i have been applying for want an immediate start, so if something came up and i was lucky enough to be accepted i would want to leave this place straight away.

also in terms of reference for another job (as i have a few interviews lined up in the new year) if i just got up and left can my current employer say on the reference that i did this as i was being accused of gross misconduct?

im so confused .. any help would be appreciated

Thanks

stebiz

chocoholic24 wrote: »

my main concern is, if i leave, without working my notice period, what happens? my notice period is 4 weeks and i have been with the company for over 3 years..
a few jobs i have been applying for want an immediate start, so if something came up and i was lucky enough to be accepted i would want to leave this place straight away.

also in terms of reference for another job (as i have a few interviews lined up in the new year) if i just got up and left can my current employer say on the reference that i did this as i was being accused of gross misconduct?

im so confused .. any help would be appreciated

Thanks

You will need to give 4 weeks notice and they can refuse to give a reference. If they do give a reference they would normally just state facts or risk being sued.

Assuming you wish to leave and they want the same is it possible to have clear the air talks ie I'll resign and you give me a clean reference.

goonarmy

Gross misconduct isnt a throw away term. What did you do(or not do)

chocoholic24

i was abroad on holiday and then fell ill so was off work with sickness, they are not accepting my sick notes, and are saying they have reason to believe i wasnt ill (but wont tell me what reason?) and they have requested original flight details to confirm what my intentions were as to when to come back, i have provided them with an email from my travel agents confirming this but as it hasnt got a company logo on it, they wont accept it. even though they have got touch with the travel agents, they are also insinuating its not a genuine travel agents (the travel agents have provided their address for my company but still my workplace wont accept it) the original flight ticket was retained in the booking office abroad when i changed my flight.

goonarmy

chocoholic24 wrote: »

i was abroad on holiday and then fell ill so was off work with sickness, they are not accepting my sick notes, and are saying they have reason to believe i wasnt ill (but wont tell me what reason?) and they have requested original flight details to confirm what my intentions were as to when to come back, i have provided them with an email from my travel agents confirming this but as it hasnt got a company logo on it, they wont accept it. even though they have got touch with the travel agents, they are also insinuating its not a genuine travel agents (the travel agents have provided their address for my company but still my workplace wont accept it) the original flight ticket was retained in the booking office abroad when i changed my flight.

Regardless of the travel agent stuff, the sick note is kosher and from a medical practitioner I take it? Then thats the end of the matter.

chocoholic24

yeah it is but they wont accept that on its own ... my union have said my employers are being extreme and unreasonable and they recommended me to put in a grievance

goonarmy

chocoholic24 wrote: »

yeah it is but they wont accept that on its own ... my union have said my employers are being extreme and unreasonable and they recommended me to put in a grievance

That is unreasonable. Who better to say your sick than a professional that diagonoses illness for a living, who are they to question that? Is your union checking for the legalities of this?

Tahlullah

chocoholic24 wrote: »

my main concern is, if i leave, without working my notice period, what happens? my notice period is 4 weeks and i have been with the company for over 3 years..
a few jobs i have been applying for want an immediate start, so if something came up and i was lucky enough to be accepted i would want to leave this place straight away.

also in terms of reference for another job (as i have a few interviews lined up in the new year) if i just got up and left can my current employer say on the reference that i did this as i was being accused of gros misconduct?

If you leave without working your notice, you will not be paid. In theory, the employer could take you to court over loss of income because they could not function without you, but they would have to prove the financial loss. Not many employers do this, unless they want to prove a point.

Notice is usually 1 week for each year worked, unless contractually different. Your contract states 4 weeks, so they would have to calculate how much money they lost as a result of you leaving.

References must be truthful, or not given. There is no requirement for an employer to provide one. So, it could say you were in the middle of disciplinary action, but it cannot say you were accused of gros misconduct as it was not proven. A result of disciplinary action is to be found guilty of gros misconduct or misconduct or not found at all. The disciplinary meeting could find you guilty of misconduct and use other sanctions, rather than gros misconduct which leads to dismissal.

sniggings

my understanding was if they are accusing you of gross misconduct, they can't have you working there until it's sort? if the crime you have committed is so bad than surely they shouldn't have you there unless they either prove of disprove their case?

Tahlullah

They can't accuse anyone of anything. All they can do is believe an action to be so bad that it puts others, the manager or the company at risk, that they suspend the worker until the matter has been investigated. Once there has been an investigation, which proves there is a case to answer, then they can begin disciplinary action which could lead to dismissal. Anything other than this process means they are prejudging the outcome of the disciplinary hearing.

In this case, because they have not suspended you, they would have difficulty proving gros misconduct, so their lack of action is in your favour. It implies they do not think the issues are serious enough to warrant gros misconduct.

You still have to go back to the basic question of how long were you working there, to see if you can take a case against them for wrongful and / or unfair dismissal. Assuming you had been working there for the requise number of years, you would have to be prepared to pay to take the case to tribunal, as there is a fee to do so.

chocoholic24

they havent suspended me, nor have they made any reference to this.. what i dont understand is how unprofessional they have been - they changed my status to be on 'unpaid leave' so i didnt get paid a few weeks wages (instead got SSP), they didnt tell me until i queried it.. they refused to pay me SSP and when i told them HMRC have told me its against the law for them to outright refuse me without consulting HMRC first and then they decided to pay it me..

i have had 2 investigation meetings, in both of them things were not said but referred to at a later stage (notes/minutes from the meetings do not mention things that they have relied upon later) i have had my disciplinary meeting but it was 'adjourned' until further notice

like i said i feel that they are dragging it out as if they dismissed me or even suspended me over christmas they would have been screwed as no staff then!

its just a pain as every time i go into work i fear that i will get called in to a meeting and they will dismiss me there and then - my 2 investigations i was given 0 warning about (they said they dont have to tell me which i can sort of understand from their point of view) and for my disciplinary i was given 24 hours notice.. so they could spring anything on me at any point..