Who can accompany me?

tomtontom

mandingo wrote: »

I think that the site manager would not have been involved and therefore would not have banned .me from the site if the worker would have done his job properly and locked up. We could have sorted out our differences between ourselves

But that was caused by your childish actions. You need to take complete responsibility for your actions and apologise - to the other worker and to your manager.

mandingo

Fair comment and I hope I get the chance to do that. Maybe I am just feeling a bit sorry for myself but I know the outcome would have been the same if the roles were reversed and I had failed to lock up

sangie595

w00519772 wrote: »

IWhat did you post on Facebook?

I think what was said is now irrelevant. As is who did or didn't lock up. The OP took property that did not belong to him, accessed a personal site belonging to that individual and amended it with "funny" (read "offensive") comments. Unless the OP is 5, they should know that what they did was grossly wrong. I am afraid that in the employers position, even if the OP doesn't try to shift the blame to someone else for their own actions, and even if they apologise profusely and sincerely, I would have to think long and hard whether I wanted someone like this working for me. And I doubt I would.

OP - what you did was nothing short of gross misconduct. You have brought yourself to the point of dismissal. You seem to think that "mature people" sort such things out on their own. Actually, "mature people" wouldn't have got themselves into this in the first place. Grovel. It is your only hope, and it's a faint one at that.

BobQ

Your right to be accompanied is limited to fellow workers and certified representatives of a union or a full time employee of the firm. If the person proposed is not in these categories there is no legal right to be accompanied. However, there is an implicit contractual right to a fair disciplinary process and the employer can allow you to be accompanied
by someone else, but does not have to do so.

Note that if you know a trade union official or representative outside of your firm then the employer must allow them to be your companion even though they do not work for the firm. You do however need to request this.

Does the letter explain the reasons for the hearing and the potential consequences for you of the decisions it can make. If they have not done this them they are in breach of the Employment Relations Act 1999. They can explain it verbally but they must give you reasonable notice of the reasons and consequences. If they have not and only do so at the meeting tomorrow they are not following a fair process if they make the decision without giving you time to respond to specific offences.

That said, based on what you have said about how stupid you have been, a better tactic would be to apologise, say you have been stupid and ask for a second chance.

An alternative would be to resign before the hearing to avoid being sacked.

DandelionPatrol

sangie595 wrote: »

I think what was said is now irrelevant. As is who did or didn't lock up. The OP took property that did not belong to him, accessed a personal site belonging to that individual and amended it with "funny" (read "offensive") comments. Unless the OP is 5, they should know that what they did was grossly wrong. I am afraid that in the employers position, even if the OP doesn't try to shift the blame to someone else for their own actions, and even if they apologise profusely and sincerely, I would have to think long and hard whether I wanted someone like this working for me. And I doubt I would.

OP - what you did was nothing short of gross misconduct. You have brought yourself to the point of dismissal. You seem to think that "mature people" sort such things out on their own. Actually, "mature people" wouldn't have got themselves into this in the first place. Grovel. It is your only hope, and it's a faint one at that.

OP 'used' and did not 'take'. You are implying theft here!

Takeaway_Addict

BobQ wrote: »

Your right to be accompanied is limited to fellow workers and certified representatives of a union or a full time employee of the firm. If the person proposed is not in these categories there is no legal right to be accompanied. However, there is an implicit contractual right to a fair disciplinary process and the employer can allow you to be accompanied
by someone else, but does not have to do so.

Note that if you know a trade union official or representative outside of your firm then the employer must allow them to be your companion even though they do not work for the firm. You do however need to request this.

Does the letter explain the reasons for the hearing and the potential consequences for you of the decisions it can make. If they have not done this them they are in breach of the Employment Relations Act 1999. They can explain it verbally but they must give you reasonable notice of the reasons and consequences. If they have not and only do so at the meeting tomorrow they are not following a fair process if they make the decision without giving you time to respond to specific offences.

That said, based on what you have said about how stupid you have been, a better tactic would be to apologise, say you have been stupid and ask for a second chance.

An alternative would be to resign before the hearing to avoid being sacked.

We don't know if this 'Formal' meeting is a disciplinary meeting or not, if it isn't then there isn't a right to accompanyment

Takeaway_Addict

DandelionPatrol wrote: »

OP 'used' and did not 'take'. You are implying theft here!

To have used he had to take, albeit for a short period of time...quite simple.

sangie595

DandelionPatrol wrote: »

OP 'used' and did not 'take'. You are implying theft here!

And what would you define taking another persons property without permission as? This isn't a criminal court - the employer is perfectly entitled to consider this theft if they wish to. The OP needs to realise the enormity of their own position, not find excuses for what they did or blame other people.

KayJay

sangie595 wrote: »

And what would you define taking another persons property without permission as? This isn't a criminal court - the employer is perfectly entitled to consider this theft if they wish to. The OP needs to realise the enormity of their own position, not find excuses for what they did or blame other people.

There has to be an intention to permanently deprive for a charge of theft.
However, it is a misconduct and very likely a gross misconduct when the actions are all considered together.
OP, be very very apologetic and explain how you realise how stupid you have been and how you will assure them you will never act in that way again. You just might get a final warning (depending on the company's policies of course)
Don't worry about taking someone in with you - unless they are a union rep they don't have to let them speak on your behalf anyway.

sangie595

KayJay wrote: »

There has to be an intention to permanently deprive for a charge of theft.
However, it is a misconduct and very likely a gross misconduct when the actions are all considered together.
OP, be very very apologetic and explain how you realise how stupid you have been and how you will assure them you will never act in that way again. You just might get a final warning (depending on the company's policies of course)
Don't worry about taking someone in with you - unless they are a union rep they don't have to let them speak on your behalf anyway.

In a criminal court yes. This isn't a criminal court. If the employer chooses to decide that taking someone else's property without their permission is theft, then they can do so. They are not bound by the terms of reference of a criminal court.