Gross misconduct hearing next week – I need urgent advice please

Undervalued

Lady007 wrote: »

Hi

A couple of questions and a comment.
How long have you worked for them?
Nine months as stated right at the start!
What has your sister got to do with the case? Im wondering why they wont let her come in with you?
Unless the sister either works for the company or happens to be an accredited trades union representative then the company is quite entitled to refuse.

Prepare your defence on the basis (if you can prove) that other people have done the same thing as you and they are still in employment. They can not only sack you if the others are guilty as well and you can prove it.
Completely irrelevant! Unless there is any suggestion that the OP is being discriminated on one of the legally protected grounds (race, sex etc) what others have or haven't done has no relevance to this case.

Play on the fact that the Team Ldr used your discount card as well. That must be against the rules as well. It can not be one rule for one, one rule for others.
Oh yes it can - see above!

If you have less than 2 years service unfortunately they can take a risk and sack you as there is little you can do. If you have more then the above will be a strong defence only if you can prove it.
The OP has only worked there for nine months so there is absolutely no redress should they be dismissed save for unlawful discrimination. I can see no suggestion of that anywhere in this thread.

It really doesn't help to raise false hopes like this. All the OP can do is apologise profusely, offer any relevant points of mitigation (which the firm are not obliged to consider) and hope for the best.

whitewing

juicyl wrote: »

I'm sure the OP is answering the question about how his/her sister is related to the case. The fact that the sister's Nectar card was used is the reason she isn't allowed to accompany the OP to the meeting.

No, in the first post OP says that OP let someone else use OP's card.

Now OP is saying OP used OP's sister's card.

I am confused.

Popec5

I was told originally when I was suspended on the 5th of December that I lent my discount card to someone.
It was my colleague.
I had an investigation meeting in the 19th, without any written invitation, they only called me. There I was told about what I mentioned above and that I gave my card to my sister too. I told them I did not, I had her Nectar card as we live together and share every expenses. I had no idea I can't do it. I was faced as well that I lent my card once to my team leader at self checkout after work. I did not remember this, don't know if she asked or I offered. I was told that my card was used with a customer too on the 22nd of November. Once again I told them I don't rember this, but I told them I don't deny it, but can't recall this. As I had no idea I was doing any wrong, I fidn't keep in mind whom I gave my card to, but as I told before I really don't remember that I did the last two offenses, but I guess I did these too.
But not intentionally, and it should be a difference if someone does something on purpose and someone does that to help without realizing any wrongdoing. My bosses know me as someone always go by the rules, I had problems before because of this. I never in a million years thoughts my actions would have this results. I am broken, bit face the consequences.
I am sure I'll be fired. The bosses already hate me for being honest and tbis is a perfect opportunity for them. Stupid me. I shouldn't help others. The bosses are absolutely not supportive towards me or sister, but the team leader and colleague (who ask for my card).
The written invitation did not arrive for the first meeting, even though the dep.manager promised he would send it in time, now he is lying that he gave it to me on the meeting.
The paper didn't come today for tomorrow disciplinary meeting, my sister asked today a out it, he told her we should postpond the meeting for Monday. So more waiting for me.
But they punishing me already by missing out all Christmas activities and staying home when I prefer working to being home. They make sure to make this whole mess as long as they can and I am sure tgey already k ow they will fire me. I had no Christmas, but huge stress.
But I deserved it I guess as I shoildn't do this. I've learned a lot about this. I am just waitinv to get over with and start to heal and put my life back together. With my deep depression and suicidal tendencies that tge bosses know about it will be a huge challenge.
So I hope it clears the confusion about earlier posts.

lincroft1710

To repeat what I said in Post #8, with less than 2 years service, your employer can dismiss you at any time without reason.

KARO

Good luck tomorrow. I used to work for a supermarket (more than one, actually) and I know they can be very draconian.

I suppose from the company's point of view, it's losing them money if you lend your 10% discount card out to every tom !!!!!! and harry, and in your case it does sound like there's a bit of work politics (read: backbiting from colleagues/bosses) going on there, too.

Even if they were to sack you, you may still find that they will give you a reference which confirms your dates of employment. And to be honest a lot of companies don't give references (other than confirming dates of employment) anyway, nowadays.

whitewing

Good luck tomorrow. Whatever happens, try to put it all behind you and look forward to the New Year with optimism. You made a mistake (as do a lot of colleagues); don't let the mistake define next year too - focus on the Award you got from work.

I know someone who ran up a huge bill from work calling telephone chatlines. He was fired. But I met him through another job so someone took a chance on him at some point.

Yes, you missed out on Christmas this year (understandably - I would have felt the same) but let that go - there will be plenty of better Christmases in the future.

Act with dignity. State your points calmly. Take time to think about what they are saying - you can say that you need a minute to think. Ask them if there is anything in the meeting (the meeting itself not the nectar card situation) that you could have done differently. I know it feels very personal but it may be company procedure. One company I worked for sent out more than one email saying they would fire anyone who forwarded joke emails. A woman who had been with the company over 20 years got fired. They really didn't want to dismiss her and she didn't want to go but it was very soon after everyone had had it drummed into them not to do it.

Also ask if you would be able to apply again for positions in the future (if you would want to). If you were a good worker and had learnt your lesson, they ought to be able to look at future applications freshly. If you get fired.

Remember too that if the people carrying out the disciplinary are unpleasant, that may be because of their own poor coping skills. Most people aren't that fond of upsetting someone.

All the very best. You are strong enough to get through this.

Popec5

whitewing wrote: »

Good luck tomorrow. Whatever happens, try to put it all behind you and look forward to the New Year with optimism. You made a mistake (as do a lot of colleagues); don't let the mistake define next year too - focus on the Award you got from work.

I know someone who ran up a huge bill from work calling telephone chatlines. He was fired. But I met him through another job so someone took a chance on him at some point.

Yes, you missed out on Christmas this year (understandably - I would have felt the same) but let that go - there will be plenty of better Christmases in the future.

Act with dignity. State your points calmly. Take time to think about what they are saying - you can say that you need a minute to think. Ask them if there is anything in the meeting (the meeting itself not the nectar card situation) that you could have done differently. I know it feels very personal but it may be company procedure. One company I worked for sent out more than one email saying they would fire anyone who forwarded joke emails. A woman who had been with the company over 20 years got fired. They really didn't want to dismiss her and she didn't want to go but it was very soon after everyone had had it drummed into them not to do it.

Also ask if you would be able to apply again for positions in the future (if you would want to). If you were a good worker and had learnt your lesson, they ought to be able to look at future applications freshly. If you get fired.

Remember too that if the people carrying out the disciplinary are unpleasant, that may be because of their own poor coping skills. Most people aren't that fond of upsetting someone.

All the very best. You are strong enough to get through this.

Thank you whitewing,
Your message today gave me strength to go to the meeting.

Popec5

I did not receive any paper from today meeting, but still will go to the hearing. I can't afford to wait more. I can have a look at the papers a few minutes before the meeting.

Thank you all for your thoughts and support.
I received more support from you guys than from my management and colleagues.
I'll let you know the result as soon as I found out.

whitewing

It is very difficult for management and colleagues to do or say anything. I have been made redundant before and managers said nothing as HR read from a script and did not deviate. Getting the process wrong can cost the company a lot of money. People are too scared that they will be next in the firing line to be human about these situations.

It will be good to get it out of the way before the new year. Then it belongs to 2014 and you can start 2015 afresh.

Popec5

After the meeting today the gross misconduct was changed to conduct and I was given a written warning which is live for 6 months.
I was told that my honesty saved me.
Of course my manager said he saved me with his boss by telling good things about me.
I was even offered a transfer to the SM's store who was doing the hearing.
I had a 1.5 hours talk with my manager about other problems, and I chose to stay and try to work out the problems, giving all of us a few months, if nothing would change, then I'll transfer.
I was given the chance to stay or transfer.
Anyway, I am back at work tomorrow!!!!!!!
Thanks all of you for your support!