Gross Misconduct-Please Help!

[peterbancroft]

I have been invited to a disciplinary hearing for Gross Misconduct.

 

I currently work as a mortgage adviser for a high street bank. Mortgages are regulated by the FSA.

 

I did something very silly , due to being under extreme pressure, to hit targets.

 

I submitted two cases for the same customer at the same time, without a signed declaration, however with the customers full consent. The declaration would have been signed onlty the day fater, and the case would never have completed without it.

 

 

I have never done this before. My line manager asked me what happened. I then gave an account, of exactly what happened, but also said that I had posted declarations back to the processing centre, where I hadn't.

 

I was suspended on full pay, pending an investigation. Once the investigation was complete, I was invited to an investagatory meeting. In that meeting I gave all the facts truthfully and accuratley, but had to chnage my statement during the that metting to make sure that I was telling the truth 100%.

 

My case then went to another manager in the business, who has with guidance from HR, decided it is gross misconduct.

 

There are other mortgage advisers who are more senior than myself who have been doing it, with customers consent and I thought it would be ok.

 

I knew it was seriouys and wrong, and have admitted as such.

 

If they dismiss me, then it will be extremley unfair as there are other mortgage adviers that are doing it, which I raised in the investogatory meeting.

 

I will raise this matter again in the disciplinary meeting but it's not easy to rpove and in any case I don't want to name individuals.

 

I now have the full investigatory meeting report. The customers have matched what I have asid, except whether they gave their consent to signing declarations and submitting the case. They say it wasn't discussed.

 

However, it was fully discussed, and I cannot control what the customer can and cannot remember.

 

I am normally black and white when it comes to rules and regulations , but I am scared , that this is now going to cost me my job and career.

 

I have been emplyed nearly 1 year, it will be a few days outside of one year at the hearing, where summary dismissal could take place.

 

I am not a member of any trade union.

 

Any help would be highly appreciated, as I don't want to lose my job.

 

.

[SharpmanTF1]

bump for employment bod

[Jimbo44]

Just so that it's clear can you tell me what the act of Gross Misconduct was?

 

Was it because you submitted two cases for the same customer at the same time? Or was it because the "signed declarations" were missing? Also, was it FSA rules that were broken, or was it your employer's "best practice" rules (if any rules were broken at all)?

 

Have you received training for your job and was the procedure you have failed to follow fully explained then?

 

You say that colleagues have submitted similar applications but that you don't wish to name them. Whilst I would say that "going with the flow" like this doesn't mitigate your alleged offence, your employer should ideally be seen to treat everyone in a like manner unless there is something in their individual staff records to indicate otherwise. I would hazard a guess that, if you want to use the actions of your colleagues at your hearing, you must be willing to name names if asked to do so.

[peterbancroft]

Just so that it's clear can you tell me what the act of Gross Misconduct was?

 

Was it because you submitted two cases for the same customer at the same time? Or was it because the "signed declarations" were missing? Also, was it FSA rules that were broken, or was it your employer's "best practice" rules (if any rules were broken at all)?

 

Have you received training for your job and was the procedure you have failed to follow fully explained then?

 

You say that colleagues have submitted similar applications but that you don't wish to name them. Whilst I would say that "going with the flow" like this doesn't mitigate your alleged offence, your employer should ideally be seen to treat everyone in a like manner unless there is something in their individual staff records to indicate otherwise. I would hazard a guess that, if you want to use the actions of your colleagues at your hearing, you must be willing to name names if asked to do so.

 

 

Training-well not specifically around signed documents-but is in the sales standards booklet, of which everyone is expected to fully adhere to.

 

Further it is common sense. I don't think it is specifically FSA, but it may come under other general terms.

 

I would have to name lots of names, and would lose - all manner of respect in my team. Further it may make no difference anyway.