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Work Disciplinary Hearing.....

I was suspended from my job in a high street bank on Monday. I'm on full pay and am due to be called in at some point for a 'hearing'.

You might think I've been stealing cash and if so I'd expect no sympathy but far from it. All I've done, and I've admitted it, is that I've failed to deduct certain 'sales points' from the branches return each week that is used to calculate branch staff's bonus etc. Nothing anyone else doesn't do from time to time but there you go....

As I was formally warned last year about a loan I did at a slightly discounted rate for a customer who didn't have the appropriate 'packaged account' it's an automatic suspension.

What rights do I have at this stage? What action would I be best taking in preparation for this 'hearing'? Any advice much appreciated.

Comments

  • dmg24
    dmg24 Posts: 33,921 Forumite
    10,000 Posts
    Are you in a union? Is so, contact them for advice and representation.

    In not, in terms of the disciplinary process, you are entitled to know what you have been accused of, and that you may take someone with you to the hearing.

    Could I ask, did you know that you should have deducted the sales points? If not, this would be mitigation. However, if you had been doing so and then neglected to on the occasion in question, then you don't really have a defence.

    Have you formally admitted the offence? If so, then TBH I don't think there is much you can do other than apologise, and possibly offer to have extra training in that area?

    Was your previous warning a verbal or written warning, and how long ago was it? What is the next step in your company's procedure? x
    Gone ... or have I?
  • chambta
    chambta Posts: 2,770 Forumite
    Part of the Furniture Combo Breaker
    dmg24 wrote: »
    Are you in a union? Is so, contact them for advice and representation.

    In not, in terms of the disciplinary process, you are entitled to know what you have been accused of, and that you may take someone with you to the hearing.

    Could I ask, did you know that you should have deducted the sales points? If not, this would be mitigation. However, if you had been doing so and then neglected to on the occasion in question, then you don't really have a defence.

    Have you formally admitted the offence? If so, then TBH I don't think there is much you can do other than apologise, and possibly offer to have extra training in that area?

    Was your previous warning a verbal or written warning, and how long ago was it? What is the next step in your company's procedure? x

    No I'm not in the union. The previous warning was a verbal one, one that would stay on record and then disappear thereafter and was around November time. I didn't know for certain they should be deducted, have never done so in those cicumstances before and clearly because it our interests not to deduct them (pressure of targets etc etc) wasn't going to go and search out the proof that I should. In other words it's not something I HAVE done, it's something I haven't. A little loophole almost that experienced staff like me would sometimes be able to use their advantage when so little favours us!

    The thing that annoys me is that recently all staff had to read and sign a letter that highlighted this area, among others, and I, since then have done everything by the book. They have gone back to instances last year, before this to discipline me for. Also a 'friend' who was recently given a final written warning after a suspension has apparently made a written statement saying I 'encouraged this practise' from him when we were at the same branch which is absolute nonsense.
  • Sounds like training is the main line of defense here.

    And for god's sake, don't come across as so blase in the hearing!

    IT really doesn't matter if it's something you have done, or failed to do- both can be disciplinary areas. If you didn't do the sales point properly due to lack or training then you have a case.

    You will also probably be asked if you avoided asking for help, ie, if you didn't know how to do the sales point system, then why did you do it? Why didn't you ask for help? Consult your supervisor, manager etc?

    Bring any documents at all that refer to the sales points and training, or something that states it is part of your job etc. Even the recent letter, as this is dated and you can point out that the issue occured last year.

    Should you have gone to them after recieving the recent letter, to point out that you had made a mistake? This will probably be another line of enquiry.

    Your defense could be you had no idea that you had done it wrong at all- but if this is not the truth, then you had better be careful, as things have a way of surfacing to say otherwise.

    The 'friend' issue- maybe you could say that they misconstued something you said, or that they were bitter at the time and wanted to bring someone else down?

    Good luck.

    EDIT- what is the total cost of this sales point mistake? That could make a difference too.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    chambta wrote: »
    No I'm not in the union.

    Perhaps the time has come to review that decision?
    Don’t be a can’t, be a can.
  • chambta wrote: »

    The thing that annoys me is that recently all staff had to read and sign a letter that highlighted this area, among others, and I, since then have done everything by the book. They have gone back to instances last year, before this to discipline me for.

    This could well work in your favour. Tell them that you were unclear about the practice until you got the letter, and have now tightened up your act. Point out to them that other people must have been confused as well, or why else would they have sent out this letter?

    Did the letter come out before the disciplinary? Because I think you are in a strong position if you had improved your practice following the letter, and THEN they start disciplining you for last year's misdemeanours....
    Ex board guide. Signature now changed (if you know, you know).
  • chambta
    chambta Posts: 2,770 Forumite
    Part of the Furniture Combo Breaker
    Sounds like training is the main line of defense here.

    And for god's sake, don't come across as so blase in the hearing!

    IT really doesn't matter if it's something you have done, or failed to do- both can be disciplinary areas. If you didn't do the sales point properly due to lack or training then you have a case.

    You will also probably be asked if you avoided asking for help, ie, if you didn't know how to do the sales point system, then why did you do it? Why didn't you ask for help? Consult your supervisor, manager etc?

    Bring any documents at all that refer to the sales points and training, or something that states it is part of your job etc. Even the recent letter, as this is dated and you can point out that the issue occured last year.

    Should you have gone to them after recieving the recent letter, to point out that you had made a mistake? This will probably be another line of enquiry.

    Your defense could be you had no idea that you had done it wrong at all- but if this is not the truth, then you had better be careful, as things have a way of surfacing to say otherwise.

    The 'friend' issue- maybe you could say that they misconstued something you said, or that they were bitter at the time and wanted to bring someone else down?

    Good luck.

    EDIT- what is the total cost of this sales point mistake? That could make a difference too.[/quote]

    The cost was nothing at all. Our branch hit its target to achieve full bonus but would have done so even without the additional points that weren't deducted. No customers have been affected in the slightest and no one is out of pocket. I'm not blase about it, just matter of fact! Just been told that I will have my meeting on Thursday this week, or if I wish to take my full 3 days clear entitlement, Monday. I suspect it will be with an area manager and someone from HR. It's the HR part I'm more concerned about as they seem to like to sack people if there's any way they can.
  • churchrat
    churchrat Posts: 1,015 Forumite
    are you allowed to take someone with you to the hearing?? even if you're not in a union having someone who can take notes, be an extra pair of ears and "hold you back" can be very helpful
    good luck
    LBM-2003ish
    Owed £61k and £60ish mortgage
    2010 owe £00.00 and £20K mortgage:D
    2011 £9000 mortgage
  • churchrat wrote: »
    are you allowed to take someone with you to the hearing?? even if you're not in a union having someone who can take notes, be an extra pair of ears and "hold you back" can be very helpful
    good luck

    Lol the answer definitely is that you ARE allowed to take someone with you to any disciplinary hearing - it's your statutory right. A possibly more important question is 'have they TOLD you that you can take someone with you?' If they have not, and you are sacked (worst case scenario and all that) it would make your sacking automatically unfair. I wouldn't take anyone with you if you haven't been told you can, as the cards are then all on your side ;)
    Ex board guide. Signature now changed (if you know, you know).
  • chambta wrote: »
    The cost was nothing at all. Our branch hit its target to achieve full bonus but would have done so even without the additional points that weren't deducted. No customers have been affected in the slightest and no one is out of pocket. I'm not blase about it, just matter of fact! Just been told that I will have my meeting on Thursday this week, or if I wish to take my full 3 days clear entitlement, Monday. I suspect it will be with an area manager and someone from HR. It's the HR part I'm more concerned about as they seem to like to sack people if there's any way they can.

    Fair enough about the blase bit:o we are amongst friends here. I would also use the line that as no money was lost, and there are clear guidlines now that all is good (again no blase here;))

    They of course can use the line that the potential to lose money was there through this act, so again the defense is no training (in addition that no money was lost!!!)

    How did it go, if you did it Thursday? If not then best of British for Monday. Let us know how you got on.
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    chambta wrote: »
    The thing that annoys me is that recently all staff had to read and sign a letter that highlighted this area, among others, and I, since then have done everything by the book.

    Sir, I would like to explain that this was done due to a lack of proper training in this area. Judging by the letter that was sent out to all staff regarding this specific matter, it would suggest that there has been a problem with training on this procedure on a company wide basis and although I admit to doing this, it was due to the lack of training and not knowing rather than being a deliberate act based on a conscious decision.

    Your records would also show that once I'd received the letter and therefore became fully aware of the procedures and requirements, that I complied in full from that date onwards. One cannot be expected to carry out a procedure to the required standards that one has not been trained to do.
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