Gross misconduct hearing next week – I need urgent advice please

Takeaway_Addict

Popec5 wrote: »

They denied everything so far that could help my case, but always saying they are here to help me. They are all words and no action. It is their words against mine.

such as? .

PHILANTHROPIST

Popec5 wrote: »

emsywoo123, I know, but whenever I went there they let me down. It is hard enough to talk about your problems, but when those who suppose to help don't do anything then you would wander if it is worth to put yourself in this situation and relieve everything over and over again.....
Phil, they denied any knowledge, even though I explained it to my store manager and he even offered help and now they deny everything. My words against theirs guess who's words will count...
Still, thanks guys these useful messages!!!!

They cannot deny that you may have a disability. In this regard the employer's words dont count for much. You are suspended on full pay. If you take absence due to a pre-existing occupational disability [ie work related stress and anxiety)., then do you think they would unsuspend you to stop you receiving full pay ... unlikely.

I recently helped in a similar situation and as opposed to stat sick pay the person got 5 months full sick pay. Went back once capability issues due to medical concerns came to fore.

As such you could likely easily take a month off sick so long as you can locate a ten percent decent GP. They readily issue fit notes. In the meantime you could find another job ,,,, and/or get your head together and locate some decent free advice. ACAS would not be much help as employer appears to be merely adhering to procedure and ACAS, though good, do not offer advice ...just basic guidance.

Phil

Takeaway_Addict

PHILANTHROPIST wrote: »

They cannot deny that you may have a disability. In this regard the employer's words dont count for much. You are suspended on full pay. If you take absence due to a pre-existing occupational disability [ie work related stress and anxiety)., then do you think they would unsuspend you to stop you receiving full pay ... unlikely.

I recently helped in a similar situation and as opposed to stat sick pay the person got 5 months full sick pay. Went back once capability issues due to medical concerns came to fore.

As such you could likely easily take a month off sick so long as you can locate a ten percent decent GP. They readily issue fit notes. In the meantime you could find another job ,,,, and/or get your head together and locate some decent free advice. ACAS would not be much help as employer appears to be merely adhering to procedure and ACAS, though good, do not offer advice ...just basic guidance.

Phil

The employer can still hold disciplinary action when someone is off ill, they have to be a bit more careful but it can be done.

If the employer has any sense they could also simply say they are ready to hold the meeting, set a time and when the employee says they can't make it they then as such un-suspend the person and let them lapse onto SSP until the employee is ready.

I do hope the person you advised is looking to leave their current place of work work because blatantly coming back to work once capability procedures have started is not going to benefit them in the long run as it simply shows that actually it wasn't as bad as made out.

PHILANTHROPIST

The person thankfully got their arguments upheld. Can work out with a good advisor ... just not too many about.

Anyhow, back to the matter at hand. We don't know about OP's status re sick pay, but it's unusual to un suspend and its a brave employee that dismisses a potentially disabled person w/o a a face to face meet ; although I agree it can be done.

That said perversely if I were an employer I would be brave and cut through all the stallling tactics if I had reasonable evidence and reason to dismiss.

Popec5

PHILANTHROPIST wrote: »

They cannot deny that you may have a disability. In this regard the employer's words dont count for much. You are suspended on full pay. If you take absence due to a pre-existing occupational disability [ie work related stress and anxiety)., then do you think they would unsuspend you to stop you receiving full pay ... unlikely.

I recently helped in a similar situation and as opposed to stat sick pay the person got 5 months full sick pay. Went back once capability issues due to medical concerns came to fore.

As such you could likely easily take a month off sick so long as you can locate a ten percent decent GP. They readily issue fit notes. In the meantime you could find another job ,,,, and/or get your head together and locate some decent free advice. ACAS would not be much help as employer appears to be merely adhering to procedure and ACAS, though good, do not offer advice ...just basic guidance.

Phil

No, I am not planning to go on sick leave, I am too honest for that even if I am not well at all. I do not want to cause more trouble, I just want to have the hearing and see where does it leave me. It is just hard that although everything started so well, now I am sure they will try to use everything against me.
Any idea if my sister can come with me as my representative, since she is my work colleague as well?

Popec5

Lips_and_Lashes wrote: »

You're managers are not allowed to disclose information such a disciplinary hearing to other members of staff. That is against confidentially and as a result of it you could be treated unfairly at work. Read up on your staff handbook.

Although it might seem like the end of the world right now, it isn't. You have seen others do it, which is still not an excuse but it is understandable how you may have felt under pressure when someone asked to borrow yours. I know when I worked in a highstreet store, lots of members of staff did it.

It is worth getting in touch with USDAW for advice.

Also, if you are not happy with your current GP then try seeing another, sometimes people just don't 'click' and disagree so it is always worth asking for a second, third or fourth opinion because your health is extremely important.

Good luck

Thanks Lips and Lashes,
I'll look into it, but there is nothing about this in the staff handbook.
I was told I am not allowed to do it, but one of my colleague got back to me not only with the news I was suspended, but the details too.

GP - I think I'll try therapy as my sister's therapist seems quite good.
Still this waiting is very unnerving...

PHILANTHROPIST

Dont wish to worry you Popec but may I politely suggest that if you try to maintain the moral high ground you will likely be sacked without notice pay and no reference. Very few employers have any morals and sadly very few suspensions end up with any other outcome than instant dismissal. Employers are willing to risk having an employee take them to an employment tribunal. In reality few do.

If I were you I would be somewhat cunning and accept that you may be unwell and not fit for a while to attend a hearing. To admit you're not well is a sign of strength not weaKness. An employer has to take notice of an apparent disability.

If you can stall them and follow the correct procedures I personally would be confident that I could possibly buy you sufficient time that I could get you a reference and possibly a compromise solution or better still keep you in your position. I help many folk pro bono and am good at it, but, and this is a big but, I not looking for "work". I have plenty.

Re ur sister... if she is a work colleague of course you can take her to hearing. When is it scheduled for ?

Phil

Popec5

PHILANTHROPIST wrote: »

Dont wish to worry you Popec but may I politely suggest that if you try to maintain the moral high ground you will likely be sacked without notice pay and no reference. Very few employers have any morals and sadly very few suspensions end up with any other outcome than instant dismissal. Employers are willing to risk having an employee take them to an employment tribunal. In reality few do.

If I were you I would be somewhat cunning and accept that you may be unwell and not fit for a while to attend a hearing. To admit you're not well is a sign of strength not weaKness. An employer has to take notice of an apparent disability.

If you can stall them and follow the correct procedures I personally would be confident that I could possibly buy you sufficient time that I could get you a reference and possibly a compromise solution or better still keep you in your position. I help many folk pro bono and am good at it, but, and this is a big but, I not looking for "work". I have plenty.

Re ur sister... if she is a work colleague of course you can take her to hearing. When is it scheduled for ?

Phil

Thanks Phil for your honesty. Yes, I agree, it is a sign of strength to admit the problems.
The boss knew my problems, he even gave me a booklet about how I can get help (counselling). I also had to sign a form that I received this booklet. Maybe it is useful.
Other than that I still did not hear any words from them.

dancingfairy

To you, right now it feels like a complete catostrophe and I can understand that but frankly in the grand scheme of your life, it is a blip. In 10, 20 or more years are you going to remember this? Frankly unless you stay in your job for a long time you may not even remember the 6 months/year you spent in any one job.
As far as I can see the only thing you are guilty of is being too trusting and kind. Sadly as you can tell you have been taken advantage of It was a daft thing to do but it doesn't seem like there was an malice or intention behind it.
Whatever the outcome I hope you can move on from this and put it behind you.
df

Popec5

Thank you dancingfairy. You are absolutely right. I hope they will see it the same way. My sistrer was told that the hearing is for determinate how malicious my intentions were.

There is still no date of my hearing yet.