Gross misconduct hearing next week – I need urgent advice please

Popec5

I've just got a phone call from my store. They asking me if I could go in tomorrow at noon for the hearing. I was told that the paperwork will not arrive to me in time, as they will post it after the call.
Obviously I did not argue, but said I'll be there tomorrow.
I just have a few questions for you:
Should I tell them at the hearing that it is against the rules not to give me everything in writing at least 24 hours prior the hearing and that they should not discuss details with other colleague? (That colleague was given more information then I was).
I think if I tell them these, they can be upset, as in their eyes I, the guilty party has no right to accuse them and this might give them more reason to fire me (but of course they wouldn't admit this being part of the reasons).
On the other hand it might play out well for me, because they would see that they did things against the law and maybe they would consider to keep me, because they would feel I would go to appeal/Tribunal because of their mistakes.

Or because I agreed to go tomorrow even without paper I didn't have the right to accuse them?
Even though I said yes, only because I am not in a situation to say no, because I lost too much money by being home and been paid only the contractual hours. I need to earn money here or anywhere else, so I need that hearing as soon as possible. Not to mention that psychologically it was a very long wait.

Make no mistakes, I don't want more trouble to myself, but maybe if I would bring it further they would say I should have told these things on the hearing.
Can you tell me your thoughts on these new developments?

Takeaway_Addict

Popec5 wrote: »

I've just got a phone call from my store. They asking me if I could go in tomorrow at noon for the hearing. I was told that the paperwork will not arrive to me in time, as they will post it after the call.
Obviously I did not argue, but said I'll be there tomorrow.
I just have a few questions for you:
Should I tell them at the hearing that it is against the rules not to give me everything in writing at least 24 hours prior the hearing and that they should not discuss details with other colleague? (That colleague was given more information then I was).
I think if I tell them these, they can be upset, as in their eyes I, the guilty party has no right to accuse them and this might give them more reason to fire me (but of course they wouldn't admit this being part of the reasons).
On the other hand it might play out well for me, because they would see that they did things against the law and maybe they would consider to keep me, because they would feel I would go to appeal/Tribunal because of their mistakes.

Or because I agreed to go tomorrow even without paper I didn't have the right to accuse them?
Even though I said yes, only because I am not in a situation to say no, because I lost too much money by being home and been paid only the contractual hours. I need to earn money here or anywhere else, so I need that hearing as soon as possible. Not to mention that psychologically it was a very long wait.

Make no mistakes, I don't want more trouble to myself, but maybe if I would bring it further they would say I should have told these things on the hearing.
Can you tell me your thoughts on these new developments?

It makes you look sneaky, either you accept that you won't get the information you need before hand or phone them up now postponing the meeting.

PHILANTHROPIST

My advice.

You should in accordance with ggod practice and possibly your own company procedures have received 2 working days notice of the meeting. That allows time to try to gather rebuttal evidence and find a suitable person to accompany you.

One day is insufficient.

Cancel tomorrow's meet and have them reschedule with at least two working days notice. Tell them you agreed to attend b4 taking advice. You need them to confirm receipt of non attendance or deliver non attendance letter by hand and get signed receipt.

Cheers
Phil

ohreally

Either have the hearing reconvened at a reasonable date or turn up and ask for a postponement until you are in receipt and have digested their documentation.

Popec5

Takeaway Addict, Philanthropist, ohreally,
Thanks for the thoughts.
I can not afford not to turn up. I would if I could, but I can not do that.

I think I will just tell them in the beginning that I want them to write it down with the notes that I went there only because I can not afford to lose more working hours/money, but I was not given written notice with all the documentation: accusation, investigation, witnesses report at least 24 hours prior the meeting to prepare and at least one person was told more then the information I was given.
I'll tell them I don't want to cause trouble, but with the other facts it has to be written down as well.

Whatever it will be, it will be. I can not wait anymore, I must work somewhere.

PHILANTHROPIST

Best of luck popec.

I would recommend accidentally taping the hearing ; it may come in useful at some point. Employers have been known to lie and fabricate minutes of hearings.

Point out to them that you have a grievance ; namely inadequate notice for hearing.

Let us know what happens.

Popec5

Thanks Phil, I am leaving now. I will follow your advice!

Popec5

Hi Phil,

Here is the update.

I went to my store today and I was told in the beginning, that this meeting was for the investigation and the disciplinary hearing will be sometimes in the future. So I deleted the recording.
In the first part the deputy manager was telling me facts and asking questions, while the store manager was taking notes. They sent me out to discuss everything and call the HR.
When the deputy manager asked me back, he was telling me that there will be a disciplinary hearing for gross misconduct sometimes in the near future. I am still suspended.
All this time the store manager was ignoring me deliberately, knowing how much it hurts me and he does that for many months now, but of course denying everything.

It turned out that I was accused (rightfully):
-giving my colleague my discount card while on holiday
-she was asking for it a few days after I got it back, because she did not register hers
-my sister's Nectar card was used with my discount card (we live together and share everything)
-my team leader used my discount card at self checkout twice
-a customer used my discount card at self checkout once

Giving it to my team leader – I remembered I let a colleague use it, but I couldn't even recall who did it.
The last I did not remember. I told them this and that I do not deny it, just I don't remember at all that it happen.
I didn't think at the time I did any wrong, so I did not follow whom did I give my card.

I am suspended again on full pay (I hope I understand it correctly), but that it 24 hours (Monday-Wednesday) as my contract states, but usually I work 40-50 hours (always given Thursday and Friday as overtime since the second week of the store opening in April and many times was asked to come in more days or start earlier/finish later) and I need that much as I need that for rent/bills. I don't drink/smoke, I just use the money for rent/bills.
I was asking 39 hours in contract from the beginning, but the bosses always delayed my request, and I just learned today that a colleague who just came last month with 16 hours, from this week he will have 39 hours. And I was asking fr this since April and was promised to get it, I even had to fill out papers for it 6 months ago. I feel betrayed in many ways.
So I thought I am searching for other job for those days I did overtime at my store( Th-F).
Can I do that officially? Don't I need notice if I am using those days I am not contracted, but always working?
Should I say in the interview the other place that there is a disciplinary hearing against me? I am sure I will tell them, but I'd like to know your advice.
Am I allowed to work somewhere else out of my contracted hours while I am suspended?

dancingfairy

I guess the question is whether you have set days off each week. If you are not contracted to work a saturday say, then there is nothing to stop you looking for another job on a saturday or for another day/time when you are not contracted to work. Obviously it makes it difficult if you are offered overtime at your original job or if your shifts are changed about but there is nothing to prevent it, unless you contract says you must not work for a competitor.
It's difficult whether you should say what's happened or not. I think if you are asked you should be honest and say that you thought you were helping a colleague out but that you were taken advantage of. Say that you realise it was wrong and that you will be much more careful in future to read and follow rules/procedures.
This is merely a blip/bump in the road. You can, and will overcome this.
Best wishes
df
edit: I do feel that given the situation, you may be better of starting again somewhere but see what happens.

ohreally

Popec5 wrote: »

Am I allowed to work somewhere else out of my contracted hours while I am suspended?

You should treat your period of suspension as though you were at work.

Don't contact any of your colleagues and don't discuss the proceedings with anyone.