Suspended and facing diciplinary

[mousse-t]

I am a branch manager and last Monday after a poorly weekend and a call to an emergency doctor was advised to see my GP.

 

I made an appointment and text my deputy to say i would be late due to app. Unfortunately the doc took one look and admitted me to hospital.

 

on the way there i received a text from my area manager asking if everything was ok as i had missed our 9am meeting. I text back that i was on the way to hospital but puzzled at what meeting as there was nothing in my diary.

 

My hubby communicated with him the rest of that day updating on my progress and advising i had to have an op. but beyond Monday each time he called there was no answer.

 

on wednesday evening after my op I was released and went home to find a letter stating that as i was aware that i had missed the meeting I was being suspended for use of racial language. Until this point I had no idea.

 

due to illness this has been hard to cope with however the letter stated an investigation was under way and was dated 7th june i recieved it on the 9th and they stated that they hoped to have completed interviews by the 14th.

 

yesterday, the 16th i received another letter confirming I have to attend an interview next thursday 23rd and statements from my all of my team as well as a statement from an ex employee of 3 months ago!

two of the statements support me 100% all 5 state im not racist and 3 confirm I have used offensive language although all 3 have used similar racial words no one has stated the context in which I am alleged to have said these words.

 

I vehmenentally deny this accusation, but feel doomed as i am the ethnic minority on a ratio of 4:1 I feel its me that has been victimised as the person who has raised the grievance has attacked all aspects of my working day her statement is far more than a racial issue tho none of the others attacked me in such a way.

 

as for the ex employee she has now raised issues that she didnt raise in her exit interview with HR and says she knows about this cause the others have told her. WTF????:-?

 

I went to bed at 11.30 last night and got up at 11.40 i have spent all night preparing my response as sleep is not an option for me right now.

 

Am i doomed?

Edited June 17, 2010 by mousse-t

[honeybee13]

Hello there and welcome to CAG. Sorry to hear about your problems and I hope you're feeling a bit better now. I'm sure we'll be able to help, but we may need to ask some questions, if you're up to it.

 

Do you have any of your work papers at home, like the disciplinary procedure? It sounds as if they might be following it, but it's always good to know.

 

One good way to help us, and I'm going to sound 100 years old now, is to split up your post a bit into paragraphs and give us a bit of space in between the topics. The easier you make it to read, the more people are likely to read it without giving up.

 

To edit your post, look at the bottom right hand corner of it for the Edit button. Don't forget to save it once you've altered it.

 

HB x

[mousse-t]

hi

 

Thanks for your advice I will edit that.

 

I do have the disciplinary procedure, though its not clear if this is gross misconduct tho i assume it is as it is racial.

 

My concern is proving that im innocent despite the incosistency of the statements. I have been in management for years and know that this is serious.

 

I have never in my whole working life had any disciplinaries or even verbal warnings i have been unblemished till this and fear it will destroy my career.

 

my hubby is a househusband looking after our 2 girls one with learning difficulties if i dont work no one gets fed.

 

I would never put my career at risk for something like this:(

[honeybee13]

I'm sure you wouldn't put your career on the line, no-one would. We caggers aren't here to judge, just help you deal with this problem and hopefully solve it.

 

But let's try to get you information for now, to help you fight if you need to.

 

Is this a large company with an HR department?

 

Have they shown you the statements? I would need to check, but I think you're meant to see them before any meeting you're asked to attend.

 

Have you read up on the ACAS or directgov websites? They have a lot on this kind of stuff. And ACAS have a confidential helpline.

 

HB x

[mousse-t]

yes i have the 'statements' though there are 3 very casual hand written notes that HR have compiled and 2 submitted by email that have been printed and sent.

 

This is a global company with its own UK HR function and is a high street brand.

 

:(:(:(

[honeybee13]

So are HR involved and doing it by the book, or is this a 'local initiative'?

 

Thank you so much for putting some white into your first post, it doesn't do my poor old eyes in now! I see I missed the bit about HR., but am still interested in how involved they are.

 

You're doing the right thing preparing your defence, I would too, and gathering information. Don't forget the websites I mentioned in post #4, though.

 

You might want to check out equality of treatment, meaning are you being more harshly treated than someone else who has done the same thing in the past? Consistency is an important aspect, but you probably know that .

 

Just keep posting if you ahve queries, I'm sure other caggers will be along later to comment.

 

HB

[mousse-t]

Things have moved on since my last post and i have had my disciplinary meeting. At this meeting I raised my own grievance for disproportionate punishment and racism against me and now have to attend another meeting tomorrow to give my statement.

 

The stress is becoming too much and affecting my health. I want to leave before my career is permenatly damaged and will go for constructive dismissal. Do I look guilty if i quit now?

:cry::cry:

[Jam1864]

Speak to ACAS, they are incredibly helpful and will provide you with solid advice.

 

Unfortunately yes, you will look guilty if you leave. With constructive dismassal there needs to be a build up of issues, followed by one big final straw that causes you to leave.

 

If the stress is affecting you obviously the GP is the first person to speak to, but in the mean time what was the out come of your first meeting ?

 

Have you got a record of the racism ? and is this your first grievance in regards to this ? If you leave before your grievance is resolved you certainly wont be able to claim constructive dismissal. If they ignore your grievance, or fail to resolve it correctly you'll be in a much better position.

[honeybee13]

Hello again, I'm sorry this has become worse for you. I've copied and pasted what the directgov website says about Constructive Dismissal [CD] and a bit on grievances. CD is notoriously difficult to prove.

 

One point, what Jam1864 talks about is one form of CD, the 'last straw' scenario and there are others that can justify leaving immediately. You would need to be very sure of your facts and able to prove what you say.

 

Here's the directgov stuff:

 

 

What is constructive dismissal?

 

Constructive dismissal is a form of dismissal. If you resign from your job because of your employer’s behaviour, it may be considered to be constructive dismissal. You would need to show that:

 

1. Your employer has committed a serious breach of contract
   
2. You felt forced to leave because of that breach
   
3. You have not done anything to suggest that you have accepted their breach or a change in employment conditions
   

Possible examples of constructive dismissal

 

The reason for leaving your job must be serious - there must be a fundamental breach of your contract. Examples include:

 

• a serious breach of your contract (eg not paying you or suddenly demoting you for no reason)
  
• forcing you to accept unreasonable changes to your conditions of employment without your agreement (eg suddenly telling you to work in another town, or making you work night shifts when your contract is only for day work)
  
• bullying, harassment or violence against you by work colleagues
  
• making you work in dangerous conditions
  

Your employer's breach of contract may be one serious incident or the last in a series of less important incidents that are serious when taken together.

 

• More about changing employment conditions
  

 

What to do if your employer's behaviour makes you want to quit

 

Speak to your manager

 

Leaving your job should be the last resort. First, speak to your manager and see if you can resolve the problem that way. If the problem is with your manager, you could talk to:

 

• their manager
  
• your company's HR (human resources) department
  
• an employee representative (eg a trade union official), if you have one
  
• Acas (the Advisory, Conciliation and Arbitration Service) or another employment advice service
  

 

• How to resolve a problem at work
  

 

• Employment contracts
  

 

Call the Acas helpline

 

for free, impartial and confidential advice about all employment issues – including constructive dismissals

 

• Acas helpline
  

 

 

Grievance procedures and mediation

 

If speaking to your manager or someone else doesn’t work, try to sort out the problem with your employer through your company's standard grievance procedure. In most cases you will be required to have raised the issue through a grievance procedure before taking legal action.

If this doesn't work, and your employer agrees to it, you could try mediation through Acas (the LRA in Northern Ireland), where a specialist will try to help you and your employer sort out the problem.

[Bigredbus]

I am a branch manager and last Monday after a poorly weekend and a call to an emergency doctor was advised to see my GP.

 

I made an appointment and text my deputy to say i would be late due to app. Unfortunately the doc took one look and admitted me to hospital.

 

on the way there i received a text from my area manager asking if everything was ok as i had missed our 9am meeting. I text back that i was on the way to hospital but puzzled at what meeting as there was nothing in my diary.

 

My hubby communicated with him the rest of that day updating on my progress and advising i had to have an op. but beyond Monday each time he called there was no answer.

 

on wednesday evening after my op I was released and went home to find a letter stating that as i was aware that i had missed the meeting I was being suspended for use of racial language. Until this point I had no idea.

 

due to illness this has been hard to cope with however the letter stated an investigation was under way and was dated 7th june i recieved it on the 9th and they stated that they hoped to have completed interviews by the 14th.

 

yesterday, the 16th i received another letter confirming I have to attend an interview next thursday 23rd and statements from my all of my team as well as a statement from an ex employee of 3 months ago!

two of the statements support me 100% all 5 state im not racist and 3 confirm I have used offensive language although all 3 have used similar racial words no one has stated the context in which I am alleged to have said these words.

 

I vehmenentally deny this accusation, but feel doomed as i am the ethnic minority on a ratio of 4:1 I feel its me that has been victimised as the person who has raised the grievance has attacked all aspects of my working day her statement is far more than a racial issue tho none of the others attacked me in such a way.

 

as for the ex employee she has now raised issues that she didnt raise in her exit interview with HR and says she knows about this cause the others have told her. WTF????:-?

 

I went to bed at 11.30 last night and got up at 11.40 i have spent all night preparing my response as sleep is not an option for me right now.

 

Am i doomed?

 

Wait a sec here... something jumps straight out of your post...

 

You miss a meeting with the area manager and they try to discipline you over an alleged use of racial language?