'Gross Misconduct' Help

chuckley

this is odddddd. she's been doin it for so long only NOW she's pulled up on it?!

if the info was 'soooooo' confidential then they woulda told her long ago how to dispose of it. me thinks they are using this poor excuse to get rid of her.

ohreally

Jillica wrote: »

even the Environmental Officer is going to write a letter for the appeal saying it was a mistake on her part to dump the rubbish.

It may not be helpfull for the environmental officer to confirm the mistake.

Jillica wrote: »

I ought to mention that in the appeal

Have you been granted permission to attend the hearing (assuming thats what you mean) as you may not have any statutory right to be present. It's normally a trade union officer, lay official or fellow worker.

Jillica

Hi
The first disciplinary hearing she had, she took my son, so I cannot see there being a proplem with me going. It said on the letter a friend/relation.
What I meant about the Environmental Officer writing a letter was to say that she had made a genuine mistake and not just tipped rubbish on purpose. Its a place where seemingly lots of people tip rubbish thinking its a proper 'tip'. He said if she hadnt openly admitted it was her, the firm could have been fined. I always thought honesty was the best policy lol!
Well, like I said, they were annoyed at her having time off sick so this has been a great excuse to get shut of her. Saying that they didnt expect her to have the back up of my friend who's job it is to sort disciplinarys out!
Cheers everyone
Jillica xx

joflo_2

I know this is off topic. Having been dismissed *redundant* and left a job in shock, I also appealed, however I didnt want to go back. The best thing for me was to sign on with several temp agencies asap for admin work as that helped me with confidence etc. Perhaps this could be an idea for her? I wish her the best.

Jo

Luvly.cuppa.T

Jillica wrote: »

Hi
I dont think it said on the letter that it could lead to dismissal, I will check tomorrow.
The reasons for dismissal were disposing of waste illegally and disposing of condidential information!
She asked for minutes of the meeting afterwards and none were provided, nobody took any so she didnt expect any really.

I am pretty sure that is statutory regulation to put the possible outcome of the disciplinary in the 'invitation to disciplinary meeting' letter. Something on the lines of....
"[accused offence]...which can result up to and including summary dismissal"

If they have failed to do this, this is a strike against them.
Best to check with ACAS though for clarification on this.

Also was the [accused offence] written on the invitation letter? This MUST be put on there, so one can defend themself with the right information , or documentation if there is any to be used.

Again this is a statutory regulation.

Does she also have a terms and conditions/handbook, or something similar stating the workplace rules etc? If there is, then you need to go through that thoroughly to uncover anything that she should have been aware of.

A lot of companies use these rules, even though they don't provide training, to get them off the hook.

CFC

I think that a key point the company will rely on (even if they agree that she should have received DPA training and set aside the confidential information part of the finding) is that she has acted illegally and disposed of the rubbish in a manner that may have opened the company to prosecution (illegal tipping). It is very hard to come up with a counter argument to that one, I suspect. It won't make any difference that the company have not been prosecuted, it is the RISK itself which justifies a company in taking a hard line in these circumstances if they wish.

She may well not have known it was illegal fly tipping, however as the phrase has it, ignorance of the law is no excuse.

Jillica

Hi Everyone
Sammi received a reply today, it said they have aknowleded her right to an appeal and have been in touch with their HR consultant (first shes heard of one) and will get back to her with a date and venue of the meeting!
I agree with CFC, thats the only route that can go down, as they have been breeching the DPA all along. She can only say it was a mistake and grovel and hope they feel sorry for her. We will have to wait and see!
She could have blatantly lied and said she had no idea who had put it there and they couldnt have really done anything about it!
Never mind, lets hope she gets another job asap!
Cheers
Jillica xx

Jillica

Hi Everyone
A quick update!
The appeal is next Monday at 1pm.
Its been done by LYNC HR consultants and there is even going to be a note taker!
Very proffesional!
I was chatting with my next door neighbour Nick yesterday, and he is a TUC member and has offered to go with Sammi if she wants!
Cheers
Jillica

dipsy

hope it goes well for Sammi On Monday

I actually know the lady that runs Lync if it is her attending?

She is actually a really nice lady so prehaps she might tell them they haven't got a leg to stand on and get them to offer a resolution - guessing a payment of some kind would be best as Sammi probably doesn't want to work for them again.

Sound like a right shower, lots of companies try it on when they think you're too young to stand your ground, happened to me when I was 22, had seen them do it to 3 people pervious to me.

Think they were surprised when I stood up to them and got a solicitor involved.

finger crossed for her x x

Jillica

Hi
Good news for Sammi, she got a new job today! Admittedly its with an agency but its a start. She starts tomorrow and its nearer than her old job was and better paid. They even say shes fine to have Mon afternoon off for the appeal hearing!
dipsy...You are right, who would want to work in a place that treats you like they have treated Sammi! The thing with Sammi is shes really shy and darent say boo to a goose! Her parents are 'older' parents, (they are both retired)and she has led a very sheltered life. Shes very naive and if you knew her, you would understand why she could have make such a silly mistake.
Anyway, its all coming right for her in the end!
We will have to see how the meeting goes on Monday!
Thanks to everyone for reading and replying, you have all been a great help!
Cheers
Jillica