Gross misconduct allegation issue

Les79

Can't really suggest more to be fair. This is panning out to be a "he said she said" situation and, sadly, the top dog will always trump that.


Would be eager to hear more about this "racism" though, as it may be relevant. Up to now I have to say that the EXACT SAME thing could have happened to someone of ANY race, the same sort of stitch-up. Can't see any evidence of you being treated differently due to race..

florincmf

oldernonethewiser wrote: »

"(I blame them being racists)"


That is not going to help your case in anyway unless you have evidence.


If you believe you have a genuine case then you need evidence and details to support your side of any argument.


You seem to think that everyone is against you, including HR (ER?)
I was warned by my boss that he will choose people from his patch in dealing with this in a conversation that never happened. So far he proved to me that he went only to those people he is in good relation with.

You need to exhaust the company processes before you think of taking it further.
Make sure you have a copy of the disciplinary and appeals procedures.

Did your father appeal his dismissal?

He will appeal his case. Everything they had against him were 2 statements from 2 people who joined the company 2 months ago (also with work performance issues and coaching and advice in place). Now they stated in his dissmisal that there were 2 statements from 2 people who did not know each other before joining the company. These 2 people are friends in real life and share pictures on Facebook and going to the same college.

oldernonethewiser

florincmf wrote: »

I was thinking of the apology but I know they are too keen on getting rid of me. How do you know this? All started with me putting grievance against someone who was a good friend with my boss. Since then every single stepped I made was being watched. What happened with the grievance? How do you know you are being "watched"

Now I am on a suspension and my Assistant is trying to pull the ropes to make people say that I went to them to write the statements. Now I know for sure that the person who passed the statements was questioned about how my father got them and he admitted he collected them and passed them to him. "What evidence do you have for this?" The same person and another one were asked if I did tell them to write statements and they both said no and then asked if they were influenced by me to write those statements and they said no, basically they spoken the truth.

What I have now is a grievance against my boss for forcing me to hire someone against the policy (I have the email of talking with HR and agreeing on 3 candidates and a day before my boss brought someone else saying he will take the job. Now I wanted a different candidate but he said that she has kids and it will be difficult to be available)

This person was appointed my Assistant.Was your assistant involved in the recruitment process? How can your assistant appoint someone?

Now I have the following things against my Assistant too

-In a fact finding (my father's fact finding) one witness said that the Assistant wrote the statement for her. (he never mentioned this)
- Another statement from a second witness saying that she was influenced and refused to have a second look at her statement (This person was later on threatened by the assistant as he knew about a statement which was supposed to be private and confiendtial)
-A third person who gave me a statement saying that she was called in the office before a fact finding and told what to mention and she states that she felt manipulated


Have you at any stage reported the alleged behaviour of your assistant to others?


Now in regards to my boss and my assistant these will be 2 different grievance cases but the person dealing with my case from ER is good friend with my boss. My boss was supposed to call me but this person from ER made the call stating that my boss is on holiday and he is doing him a favor by calling me. They made me aware of how well this is stiched.
What is stiched?(sic)


Thank you for your answer, it is much appreciated!

You need to deal with the issues surrounding your disciplinary and ignore what might or might not have happened elsewhere.

florincmf

Les79 wrote: »

Can't really suggest more to be fair. This is panning out to be a "he said she said" situation and, sadly, the top dog will always trump that.


Would be eager to hear more about this "racism" though, as it may be relevant. Up to now I have to say that the EXACT SAME thing could have happened to someone of ANY race, the same sort of stitch-up. Can't see any evidence of you being treated differently due to race..

I mentioned above that my boss said he will make sure to choose people of his own and so far it has been proven that this is the case.

florincmf

oldernonethewiser wrote: »

You need to deal with the issues surrounding your disciplinary and ignore what might or might not have happened elsewhere.

My boss took part in the interviews I held for the position of my assistant and he brought this person (my current assistant now who put grievance against me) and told me he has to be the one. Now the story goes even further, my current assistant had "something that can blow in my face (my boss words)" and he was moved from a different site to mine without applying or anything, my boss pulled the ropes for him.

The grievance was against another boss of mine, good friend with my current boss. When I made the grievance I mentioned what names I do not think should be part of the process for a fair hearing and then he got sacked. His friend who is my current boss now got upset and is watching me since.

I know he is pulling the ropes because he did it in my father's fact finding and now one supervisor was threatened by him saying to her: "I know you went against me and I can get you in trouble" She mentioned she feels intimidated and wants to report him to HR.

I could not pass anything in regards to my assistant's behaviour as I was not allowed to get involved in my father's hearings at all. Then it would have been perceived as trying to influence so I stayed away.

I meant to say stitched, sorry for that

Les79

florincmf wrote: »

I mentioned above that my boss said he will make sure to choose people of his own and so far it has been proven that this is the case.

Nothing wrong with that from a hiring perspective. From a firing perspective it MAY be an issue, especially if linked to "racism", but getting next to nothing from you regarding that.

Genuineguy03

You need to hold fire till we know what evidence they have against you. This should be provided to you prior to disciplinary hearing. Also you need to make sure they follow the correct disciplinary procedure as set out by acas code of practice on disciplinary and grievance procedure - as failure to follow that would make any dismissal unfair dismissal (suggest you read up in ACAS code of practice in disciplinary and grievance procedure), regards as to the reason for dismissal.

You also need to gather evidence to support your claim that you didn't phone this other employee asking for a statement (house and mobile phone statements showing calls you made).

Also bear in mind, employers only need reasonable belief to dismiss someone, they don't have to prove beyond reasonable doubt. But they do have to take into account your evidence and show a reasonable person would have grounds to have reasonable belief that the accusation was true.

As for grievance, not 100% certain as to what grounds you think you have as I only skimmed through the thread so haven't read the whole lot. But personally if you do have grounds for a grievance. I'd handed to them after the disciplinary hearing, as any grounds you might have for grievance, may give them pause for thought and think twice about dismissing you - but that obviously depends on what your grounds for grievance are, and how serious those grounds are.

Comms69

florincmf wrote: »

Good evening,

This is a long story but I will try to briefly explain everything and if someone can help (please do) I will answer to any questions

I am facing one allegation of Gross Misconducts for "a serious breach of trust and confidence with the company", more precisely allegedly trying to influence from my position what people should write in their statements in regards to a disciplinary case in which it was involved my father.

Now the grievance was forwarded by my Assistant implying that I am collecting statements. - your assistant said you were asking people to write false statements? My boss is covering him for some reason (I blame them being racists) - don't say that to them . I got suspended because of this allegation, they dismissed my father and now I had a Fact Finding today. I did not ask anyone to write a statement for my father or went to someone and discussed the case. There were in total 12 statements my father collected but no one can say that I influenced them because I did not. Now my boss has a loyal person who claimed that I called him and asked for a statement for my father despite of him not passing any statements to anyone or anything. - that's not really the point. If they say you asked for a statement it's certainly going to be difficult to prove otherwise.

Now at the Fact Finding who my boss arranged with someone he trusts from ER (HR?) , the person who did the Fact-finding said that for now no evidence can be passed to me in regards to the allegations made but I have to answer to some questions. - indeed. at the minute they are investigating

The questions were silly most of them as my Assistant claimed that I threatened to sue the company over defamation or that I will put 15 men to destroy the life of 2 employees who got my father into a disciplinary. - Why would your assistant lie?

Now I have to wait for what they do next as my last day of suspension is tomorrow. They told me that they will be in touch by tomorrow if this goes to disciplinary or not.

This period has been extremely stressful for me as my father lost his job and he went through a 3 weeks process of Fact Findings and Disciplinary. Tomorrow I have to see my GP as before I experienced stress related to work.

It is worth mentioning that I have proofs of the fact that my Assistant got appointed by my boss without him applying for a job or being scheduled for an interview. My boss pulled the ropes for him and now they went against me because I know that. - it's not worth mentioning. There is nothing wrong with that

If you lasted that long, THANK YOU, and here comes my question:

Will it be advisable to go on sick and try to organise myself with all the evidence I have (email, statements) and get a solicitor, knowing that they will do whatever it takes to go against me? - no.
(Bare in mind that the people involved, the person from ER, my boss, my assistant, my boss's loyal guy and this person who Fact Find me cover each other)

Thank you for your time and help

See what the outcome is and go from there.


I'm assuming that there is some truth in what they're saying. If your father was going through a difficult time it would be very easy for something to slip out

florincmf

There is a quick update. I had a suspension for a week until today and was told yesterday at the fact-finding that someone from ER (employee relations) or HR will call me at reasonable hours to let me know if there will be a disciplinary or drop of the allegations. I got no call so far and they work 9 to 5.

Any ideas what that means?

Thank you

FBaby

So much he said she said there. It sounds like in the little time you've been suspended, you've managed to speak to many people about it and if anything that question whether you indeed did exactly the same when your dad was investigated.

How do you know that the people you've spoken to ha ve been honest to you whilst lied to your boss? Maybe they've told you what you wanted them to say to avoid conflict.

I think you need to lay low and wait for the investigation and see what evidence they are using against you.

It's up to you whether you go off sick. It might help to stay away from the office atmopsherecat the same time, you need to consider the implication of being off for future job if you are indeed dismissed.