Gross misconduct hearing next week – I need urgent advice please

Pricivius

T_A is referring to point 1 - following the ACAS code is not a legal requirement but is advisable. It is not unlawful for an employer to not follow the ACAS code, but a Tribunal may increase an award if the employer fails to do so. Therefore, employers are advised to follow it to avoid any award being uplifted.

And point 2 - you are only entitled to bring a friend to a hearing if they are a colleague. It is colleagues or union reps - not friends. Obviously, you can ask to bring a random mate or your mum, but your employer could say no. They should not refuse a colleague or union rep.

Popec5

I wanted to bring my sister, as I am not a union member, and she works part-time in the store too. They said no, as it turned out she is part of the whole case.
So I went alone to the investigation hearing on Friday.

Now I just found out that the disciplinary hearing will be on Saturday at 11.

makeyourdaddyproud

Popec5 wrote: »

Thanks Patman 99, good to know that some people still prefer honesty.

The good thing about this ordeal is that no matter what outcome befalls you, you can resolutely hold your head high in the knowledge that you were open and honest about the episode. Yes it went wrong, but take this brutal experience and learn from it.

I might add you still have a long way to compete with the malfeasance at Tesco/PwC, who "lost" £250M. I bet though they are still gainfully employed.

nat21luv

Popec, I've been where you are for exactly the same thing; I let my collegue use my discount card to buy her lunch as she had left hers in her locker. Everyone did it, the managers even did it and i was completly honest about it and owned up to lending it.

I worked for the high street store for 5 years, had a lot of connections, was good at my job, made a lot of sales for the store. They still fired me for gross misconduct. The bottom line is that they could employ someone to do my job tomorrow so why keep someone who broke the rules? This was 8 years ago but it still plays on my mind. If I could change the past(apart from not lending my card), I would have handed in my notice.

I think you know you will be let go, not many people come back from a gross misconduct 'charge', so dont allow yourself to be fired. You sound like a lovely and honest person who made a mistake and in the state of mind that you are in, being fired will affect you hugely. It did for me and I become depressed and reclusive. I wish I had taken control and handed my notice in. My line manager actually wanted to advise me to but couldnt for obvious reasons.

I wish you the best of luck xx

Popec5

makeyourdaddyproud wrote: »

The good thing about this ordeal is that no matter what outcome befalls you, you can resolutely hold your head high in the knowledge that you were open and honest about the episode. Yes it went wrong, but take this brutal experience and learn from it.

I might add you still have a long way to compete with the malfeasance at Tesco/PwC, who "lost" £250M. I bet though they are still gainfully employed.

Thanks makeyourdaddyproud,
I wish my bosses would see itthe same way.
Yes, I can hold my head high, but it will not earn me another job.
I learned from it.
Nooo, I gladly let the Tesco/PwC win, I would never go down on this road again.

Popec5

nat21luv wrote: »

Popec, I've been where you are for exactly the same thing; I let my collegue use my discount card to buy her lunch as she had left hers in her locker. Everyone did it, the managers even did it and i was completly honest about it and owned up to lending it.

I worked for the high street store for 5 years, had a lot of connections, was good at my job, made a lot of sales for the store. They still fired me for gross misconduct. The bottom line is that they could employ someone to do my job tomorrow so why keep someone who broke the rules? This was 8 years ago but it still plays on my mind. If I could change the past(apart from not lending my card), I would have handed in my notice.

I think you know you will be let go, not many people come back from a gross misconduct 'charge', so dont allow yourself to be fired. You sound like a lovely and honest person who made a mistake and in the state of mind that you are in, being fired will affect you hugely. It did for me and I become depressed and reclusive. I wish I had taken control and handed my notice in. My line manager actually wanted to advise me to but couldnt for obvious reasons.

I wish you the best of luck xx

Thanks nat21luv,

I like your brutal honesty.
I don't think I can handle in my notice until they will do the hearing. I thought already about offering my notice, but I don't know if it will make any difference. If this will be on my record, it is what it count not if I leaved or was fired. Or am I wrong?
Maybe because of Christmas they let me stay?
For me the last 3 weeks was huge punishment already missing out on all Christmas activities in store, staying home, when everyone knows how much I like to be there and of course the uncertainty.

I will have no Christmas this year.
My disciplinary hearing will be on the 27th at 11. Good luck for me!

nat21luv

Im so sorry, I didnt mean to be brutal, I wrote it with the best of intentions.

When they start the hearing they should ask you if theres anything you wish to bring to their attention before it starts, this is an invitation to hand in your notice so I would have it prepared. If they dont ask then I would ask to interject, thank them for empolying you and hand it in.

It will save you the heartache of the hearing and you can walk out of the store with your held high, not to mention future references- you can add them to your CV without worrying. It may also save the gossiping and more importantly, your mental health.

Mentally, put it in a box, padlock it closed and put it to the back of your mind. You will have a christmas as this is just a small blip. You are worrying about the unknown, so write your own path; write your notice today so that you know your future....and then drink, eat and be merry!

warehouse

Good luck Popec. Have a good Christmas and try to put this out of your mind where possible. You have done the right thing coming clean.

ohreally

nat21luv wrote: »

If they dont ask then I would ask to interject, thank them for empolying you and hand it in.

It will save you the heartache of the hearing and you can walk out of the store with your held high, not to mention future references- you can add them to your CV without worrying. It may also save the gossiping and more importantly, your mental health.

You do realise a resignation does not have to be accepted and if the op offers it and walks, the employer can continue the hearing in the op's absence, with the reference noting this?

nat21luv

ohreally wrote: »

You do realise a resignation does not have to be accepted and if the op offers it and walks, the employer can continue the hearing in the op's absence, with the reference noting this?

Yes, I know. If the hearing goes ahead then that is up to the OP if she wished to stay or walk, I was suggesting to walk if the resignation was accepted.