Unfair dismissal

[altobelli]

Btw, are you posting on this thread using your real name? If so, it might be best to create an alias.

[unfairdismissal2]

not sure how to create alias. I tried edit profile. couldn't find that option.

 

does dismissal affects finding another job..what happens if new company asks for reference.

[altobelli]

It depends on the employer - they can choose to say 'dismissal due to gross misconduct' on a reference. Then it will depend on the prospective new employer, they may or may not give you the opportunity to explain what happened. Although I personally wouldn't apologise, you need to weigh up all the options, and this is a possibility. Although there is no guarantee that if you did apologise it would effect any outcome.

[unfairdismissal2]

even if it turns out to be unfair dismissal?

[altobelli]

Yes, but then you would have a tribunal ruling in your favour which you could present to potential employers should the matter arise.

 

But I would say concentrate for the moment on the current situation - what do you want to happen? Do you want things to blow over and go back? Could you go back to your previous team?

[unfairdismissal2]

not sure..i am developer and my team is tier 3 support...it is suffocating...

[honeybee13]

not sure how to create alias. I tried edit profile. couldn't find that option.

 

does dismissal affects finding another job..what happens if new company asks for reference.

 

If you want a different username, send me a PM with the one you would prefer and it can be altered.

 

HB

Edited March 21, 2013 by honeybee13

[altobelli]

But you're on loan from support to development at the moment - this is a 'step up', right?

[unfairdismissal2]

that it is till apri end only

[altobelli]

This is an unfortunate situation. From your posts I think you have been excited about coming into a development role, and perhaps been overenthusiastic about showing what you can do. As I've said, I think your manager has shown poor skills in dealing with you and escalating the matter to HR instead of managing it himself. HR have been remiss in not de-escalating things when they had the chance and letting the matter further escalate to suspension.

 

My advice to you would be to write to either the manager or HR. You could say that the move to the development team was a long-held ambition for you, and you wanted to succeed in the position. You felt you had a lot to offer and wanted to show management what you could do given the opportunity. You appreciate that perhaps this may have come across in the wrong way, but you would appreciate being able to resume your job and demonstrate your abilities as a developer. Happy to discuss the matter further, etc.

 

I would stop short of offering an apology, as your employer is at least partly to blame for allowing matters to escalate this far, but others have expressed a different view, and you can add an apology as you wish.

 

This is not a terminal breakdown in relations between you and the company, someone needs to make a move to resolve things, and as the employer is showing no signs of doing so, this might be a good approach.

[assisted blonde]

I get the feeling that you really want it to be an unfair dismissal so that you can leave and try and claim from them rather than trying to resolve the problem and keep your job

[unfairdismissal2]

not really..but the way they treated me..no discussions, no warning, not trying to resolve the issue..not trying to find out whether the task was really required...not arranging a discussion among the stakeholders in dev...asking me to leave office on tuesday even without suspension..then after suspension on wednesday asking me to take my bag and go...when I am telling that i am finding hard to focus on that task taking as refusal and even offering to work on that task refusing to let me work because manager think i am grudgingly accepting that.....HR not hearing my side...

 

it all sucks...i don't think i will be treated fairly...

 

what do you mean by resolving the problem..does it mean i apologise? that is difficult..because there is no malafide mistake in this..and i did offer to work on the task if given extra time..

[unfairdismissal2]

Letter only mentions - you have been suspended because of your recently highlighted conduct.

 

Emailed twice HR to let me know exact reasons for suspension. But I got only this reply.

"As we discussed this morning, I will be sending you a letter over the next few days that confirms the reasons as to why you have been asked to attend a disciplinary hearing and the date of this disciplinary hearing. Within this letter I will also include any documentation that will be referred to in the meeting."

[altobelli]

Was it discussed this morning? And have you actually been suspended - the reply from HR says the letter will say why you've been asked to a Disciplinary, it doesn't mention suspension or answer your question.

[assisted blonde]

Yes i suppose i do think an apology of sorts, along the lines of prehaps you didnt explain properly your concerns and your attitude/response to the work may have been misconstrued etc etc, the company obviously feel your conduct was wanting in some respects. See what the letter says and then you can address the issues that they raise individually.

[unfairdismissal2]

Was it discussed this morning? And have you actually been suspended - the reply from HR says the letter will say why you've been asked to a Disciplinary, it doesn't mention suspension or answer your question.

 

only a letter saying u r suspended...she said i can't give u exact reasons for suspension now..but will send it in few days time...

[altobelli]

It seems a bit strange that your suspended and they don't know why yet. Make a note of this should you need to refer to it in the future (date and time that you were told this).

[unfairdismissal2]

converted pdf to word using Nitro pro..please let me know if you think any confidential part not removed..

 

==========================

 

27 March 2013

 

 

 

 

Dear xxxx

 

Re: Disciplinary hearing

 

Further to your meeting with xxxxx, MI Manager, I am writing to invite you to attend a disciplinary hearing on Wednesday 3 April 2013 at 3pm.

 

The meeting, which is in accordance with the company's Disciplinary Procedure, is in relation to your recent conduct. The purpose is to discuss the following areas of concern;

 

1. Your failure to complete the PL Unit test; and

2. Your intentional and persistent refusal to obey a direct instruction initially from xxxxx(scrum master) and subsequently from xxxx, Applications Support Team Leader, and xxxx, MI

Manager, which is both fair and reasonable and incidental to your

responsibilities as a Java Developer within the Production Support

Team

 

On 19 March 2013, in response to request by xxx, Scrum Master to complete the PL Unit test you stated "I hate writing PL Unit" and then" Sorry xxxx. I can't do it. I can't feel motivated enough to work on it. I tried yesterday and I know I can't do it today as well."

 

At a meeting on 19 March 2013 when your line managers, xxxx and xxxxx spoke to you about this task, you reiterated that you would not complete it.

 

 

At a meeting on 20 March 2013 you explained that you did not feel it was important to complete this task and that it wasn't valuable for anyone in the group to complete it. You stated that you had started the task but were unable to complete it as you could not focus on it nor find the motivation. At this meeting you were reminded that the completion of this task was an element of your role profile.

 

 

 

 

 

 

 

 

 

 

 

 

These issues have been discussed with you.

 

I must advise you that, dependent upon the results of our investigations, the company may deem these acts of insubordination to be Gross Misconduct, and as such, the outcome of this meeting could result in your dismissal from the company.

 

 

 

The meeting will take place in meeting room 5 on the Ground Floor of XXXXX. Xxx xxxx, MI Manager will conduct the disciplinary hearing, and a member of the HR Team will also attend in an advisory capacity.

 

You have the right to be accompanied at this disciplinary meeting by a fellow employee of your choice, or a Trade Union Official. Please refer to the disciplinary policy enclosed. If you wish to exercise this right, please let me know whom you wish to be accompanied by in advance of the meeting by contacting me on 020 7654 4146.

 

Yours sincerely,

 

 

 

 

 

 

 

Enc; Disciplinary policy

Copy of the email transcripts dated 19 March 2013

Summary notes for Xxxx xxxx on 26th March 2013

 

Misconduct

 

Xxxx xxxxxx sets standards of behaviour that are necessary for the business to operate effectively and safely in the interest of all employees. The purpose of this policy is to help and encourage all employees to achieve and maintain the required standards and to provide a fair and consistent way of dealing with failures and problems. These procedures apply to employees and fixed term workers who have a contract with Xxxx xxxxxx.

 

7.1.1 Disciplinary policy

The disciplinary policy and procedure allow employees a fair hearing and a means of appeal. The company's policies, rules, codes of conduct and this procedure apply to all employees, and they are required to know and understand them. This policy is written, and will be applied, in line with Xxxx xxxxxx' core values. The company, at its discretion, may vary this policy as required.

 

7.1.2 What is misconduct?

Misconduct is any breach or non-observance of the company's rules, policies and practices, or a breach of accepted standards of behaviour. Examples of misconduct can include:

 

• Unauthorised absence, such as unauthorised leave

• Refusal or failure to carry out legitimate instructions

• Persistent lateness or absenteeism

• Misuse of company facilities or property, including computer equipment

• Negligence or behaviour likely to cause offence to other employees, customers, visitors, suppliers, Scheme partners or the general public

• Behaviour that brings the company into disrepute

 

This list is not exhaustive and the company reserves the right to include any other circumstances at its sole discretion.

 

Misconduct outside the company, where it has a direct bearing upon the company's operations or reputation, may also render the employee liable to disciplinary action

 

7.1.3 What is gross misconduct?

Gross misconduct is a serious breach of the company's rules, policies and practices, or accepted standards of behaviour. Examples of gross misconduct include:

Physical violence

Serious bullying or harassment

Fraud or theft

Forgery or falsification of records

Being on duty under the influence of illegal drugs or excessive alcohol

Unauthorised possession of, or wilful damage to, property

Flagrant disregard to health and safety

 

Misuse of the company's property, such as email, internet or company name

Serious negligence that causes, or might cause, unacceptable loss, damage or injury

Serious breach of confidence (subject to the Public Interest

(disclosure) Act 1988)

Behaviour likely to cause offence to colleagues, customers, visitors, suppliers or Scheme partners

Committing a criminal offence in the workplace

Receiving or accepting a gift which could be considered to be a bribe or corruption

Serious act of insubordination

Conduct that may bring the company or the employee into disrepute Discrimination, including victimisation, on the grounds of sex, race, religion, nationality, ethnic background, marital status, gender, age, sexual orientation, social background or disability.

 

This list is not exhaustive and the company reserves the right to include any other circumstances at its sole discretion.

 

7.1.4 How we deal with misconduct

In cases when behaviour is below the required level or for minor breaches, the leader may discuss this with the employee informally.

 

If the required improvements are not achieved and maintained, then the formal disciplinary procedure will follow and the employee's leader will indicate that formal disciplinary action will take place. In cases where the issue is considered serious, the formal disciplinary procedure will commence immediately.

 

7.1.5 Disciplinary procedure

The disciplinary procedure has three stages. At each stage, the employee can ask for someone to attend formal meetings with him/her, and he/she has the right of appeal against the decision.

 

Wherever possible, the company wishes to resolve problems at stage one (first written warning). But there will be times when this is not possible and other stages will be used. In cases of serious issues or gross misconduct, the process may commence at stage two or stage three.

 

7.1.6 Formal disciplinary procedure

Xxxx xxxx has a formal disciplinary procedure that should be followed where the informal process has failed or is deemed inappropriate. The process begins at stage one, with a first written warning, which remains on the employee's file for 12 months.

 

After this, if there is not a sufficient improvement in behaviour or the behaviour reoccurs within 12 months of the first written warning, a stage two meeting will take place. At a stage two meeting, a final written warning can be issued, again remaining active on an employee's personnel file for a period of 12 months.

 

 

The last step in the procedure is stage three, which could result in the employee's dismissal, or, in some cases,another sanction, for example demotion.

 

In the event that an employee is dismissed as a result of disciplinary action, the company reserves the right to ask the employee to go on garden leave.

 

Garden leave is defined as obligatory leave with full pay given to employees between notification of termination of employment and the actual termination date.

 

At stage three, if the chair of the disciplinary meeting decides to summarily dismiss an employee, this means that the employee will be dismissed without notice and he/she will not receive pay in lieu of notice. Summary dismissal applies when there has been an act/acts of gross misconduct.

 

7.1.7 - Features to a disciplinary meeting

There are several key features to a disciplinary meeting that must be adhered to. Any employee involved in a disciplinary meeting, should ensure that he/she is very familiar with these:

 

Investigation

An investigation into the allegations will take place before a formal disciplinary meeting is called by the leader (or appropriate individual). All employees are expected to participate as required in such an investigation and subsequent disciplinary meeting. If employees would like to be accompanied at these meetings by a companion, they will need to advise their leader or the HR department of this in advance. Where appropriate, the leader conducting the investigation will be different to the leader appointed to conduct the meeting itself.

 

Suspension

If there appears to be an act of gross misconduct or the company believes it is in the best interests of an employee or the company, an employee may be suspended on full pay whilst the issue is investigated. A suspension is not disciplinary action. If the company decides to suspend an employee, the suspension will be kept as short as possible and the employee will be kept

informed and given a point of contact if they have any queries. The

employees case will continue to be investigated throughout the suspension.

 

Notice

Where the decision has been made to call a formal disciplinary meeting, the employee will be notified in writing at least two working days in advance. The leader will agree a meeting time with the employee. The employee will also be informed in writing of the alleged conduct, or other circumstances, together with evidence, which lead to the disciplinary action.

 

7.1.8 The meeting

The employee's leader, or a more senior manager, will usually conduct the disciplinary meeting. A member of the Human Resources department may also be present to advise the leader and employee on the disciplinary procedure. The disciplinary meeting will include evidence of all related prior investigations. It will also provide the employee with an opportunity to respond. The meeting may be adjourned for a short time to allow the leader conducting the disciplinary meeting to consider his/her decision. A record of the meeting will be made.

 

7.1.9 After the meeting

Following the disciplinary meeting, a letter will be issued to the employee

confirming the outcome of the meeting and his/her right to appeal. The letter will specify how long the warning will remain active on the employee's file. This period does not include certified sickness absence.

 

7.1.10 Appeal and appeal procedure

Employees have the right to appeal against a disciplinary decision,

 

For more information regarding the appeals procedure, please click on the link, on the top right hand side of this page.

 

7.1.11 Additional help

The Human Resources department can provide guidance to employees and leaders on the correct application of the policy. If you have any difficulties understanding this policy, please contact the HR Service Centre for assistance.

 

Summary notes for Xxxx xxxxxx - Taken on 26 March 2013

 

Xxxx confirmed that the majority of the team are required to create and execute PL unit testing with the exception of contractors who have been brought in to specifically work on certain tasks. He noted that people do try and avoid this task and that whilst they are often difficult to start but they are not that difficult to complete.

 

Xxxx noted that this issue related to a bug that was raised a few weeks ago. SP picked this up, discussed it with Xxxx and then SP solved it. As per the test driven development process a PL Unit test was required to complete the story (unit of work in AGILE). The bulk of this fix was carried out by SP but some of the work was done by xxxxx as SP was on annual leave.

 

Xxxx confirmed that in his role as Scrum Master, he assigns tasks to the people that are best suited to complete them. When he assigned this particular task to SP he asked him how much time he thought it would take. SP said he estimated 2 days but then later came back and said it would take him longer. Xxxx asked him to complete the one critical section of this task and said the other 5 sections could be completed at another stage.

 

SP emailed to say that he would not do the task. Xxxx then spoke to SP verbally and asked him to do the task. He told him that he wouldn't do it and said Xxxx could escalate this to a manager if he wanted to. SP asked to work on groovy + grails instead but Xxxx told him this task was a team commitment that needed to be completed first. Xxxx then sent an email to confirm that he needed to complete the piece of work.

 

xxxxx has now been assigned the task that SP refused to do. It took him about 20 minutes to complete.

 

The 5 other tasks that make up this PL unit test have not yet been completed but will be over the next few weeks as the exit criteria on this project is that these must be completed.

 

 

 

 

XXXXX

 

From: XXXXX

 

Sent: 25 March 2013 09:43

 

To: XXXX

Subject: FW: MDP - 4735. Email around refusal of work

 

 

From: xxxxx

Sent: 19 March 2013 10:26

To: xxxx, Xxxx; xxxxx

Cc: xxxxx; xxxx

Subject: RE: MDP- 4735.

 

Sorry Xxxx. I can't do it.

 

I can't feel motivated enough to work on it. I tried yesterday and I know I can't do it today as well.

 

I am not a PLlSQL developer. It is my secondary skills. But I have tried my best on UPSELL-1 and

UPSELL-2 stored procs as I found it interesting.

I came to MDP with expectation that I will get to work on Groovy and Grails. regards,

xxxxx

 

 

 

From: xxxx, Xxxx

Sent: 19 March 2013 10:11

To: xxxx; xxxx

Cc: xxxx, xxxxx

Subject: RE: MDP- 4735. xxxxx,

Please can you complete the unit test atleast for Supply events. This is required because we need to ensure that this functionality is not compromised with later on and also this has an impact on the financial and data reconci liation.

 

At the moment Arka is also working on PLUNIT and trying to add tests where possible as we are in production and while making any changes to the engine code we need to ensure that key

functionality is not broken.

 

 

Cheers, Xxxx

 

 

 

Thanks & Regards, Xxxx xxxxx

Java & SOA Developer

 

 

 

 

 

 

 

 

From: xxxx

Sent: 18 March 2013 14:48

To: xxxx; xxxx, Xxxx

Cc: xxxxx; xxxx

Subject: RE: MDP - 4735.

 

I think it will be easier to function test this than writing PL Unit. I hate writing PL Unit..

I will take another 2 days to finish this PLUnit if you still want lt..;

 

regards,

xxxx

 

 

 

From: xxxx

Sent: 18 March 2013 11:35

To: xxx, Xxxx

Cc: xxxxx; xxxxx; xxxxx

Subject: MDP - 4735.

 

Hi Xxxx,

I have made all the code changes required to fix MDP-4735 bug. xxxx is writing the PL/UNITfor this which can be used for sign off.

 

XXXX,

Can you also set up some data to test this please? Note this is the lowest priority from tester point of view as

xxxxx is writing PL/UNIT already.

 

 

Thanks & Regards, xxxxxx

[Emmzzi]

I'd apologise.

[unfairdismissal2]

I don't think apology is going to work. They have decided to fire me anyway. See below (I have to write it anyway for my solicitor. this draft will help)

 

1) my manager who was involved in meetings on 19th and 20th is also going to conduct disciplinary meeting. They have not mentioned who conducted investigation but it is clear that my manager was involved. And this is contrast to the policy

"Where appropriate, the leader conducting the investigation will be different to the leader appointed to conduct the meeting itself."

 

2) In the meeting on 20th I did offer to work on this task but my manager said that I don't want you to grudgingly work on this. I asked HR person in email to confirm this conversation but she replied that you will get a chance to put your points in hearing.

 

3) I have been asking to HR person to send scan copies of her written notes but she didn't reply. I asked at least thrice to her to send reasons of suspension. They sent it after 7 days (27th 6.30pm) and now HR person is on leave and will be back only on hearing date.

 

4) If you try below link, every link will say that scrum master can not assign the tasks.

https://www.google.co.uk/search?q=scrum+master+assigns+tasks

But here scrum master is saying that

"Xxxx confirmed that in his role as Scrum Master, he assigns tasks to the people that are best suited to complete them."

this is against Scrum/Agile.

 

5) "He noted that people do try and avoid this task and that whilst they are often difficult to start but they are not that difficult to complete."

Scrum master himself noted that people avoid this task and it is difficult to start.

 

6) Product owner himself had written on JIRA that this issue is unlikely to happen in production and this story can be closed. Product owner is ultimate authority as long as story acceptance is concerned.

 

7) Job profile says that I have to write unit tests for all code developed. But in this particular case I had not developed the code.

 

8) I have been sent to development team with objective of getting knowledge of new system in 3 months to support team. But nearly 2 months (one month because of leaves and training) I was only asked to work on one part. I think there is nothing wrong if I ask them to give me work on groovy and grails as that forms a big chunk of application.

 

9) There was no effort made to resolve the issue through reconciliation. Also policy is not clear what is difference between misconduct (Refusal or failure to carry out legitimate instructions

) and gross misconduct (Serious act of insubordination).

 

10) I had mentioned to my ex-Manager in first week of Feb about scrum master's bias against me because of his friend in Support. But ex-manager is no more in this organisation.

 

11) I have my strengths. What code xyz with 6-7 years experience in writing SQLs and being in project for 6 months couldn't finish in a week, I (Java developer , not SQL developer, with just 4 weeks experience in this new module) developed again from scratch in 2 days as there were too many bugs in XYZ's code. I developed another code in 2 days, when time allocated was around 5 days.

 

12) In past there had been many defect fixes and many big chunks of code were developed in our sub-team by me and xyz. But never PL Unit was developed. xyz once tried it but kept it incomplete and non-testable state. This particular code fix was just one line code change.

 

13) Scrum master said we will not function test this and get product owner sign off just based on PL Unit. I am sure thing would have never happened in past. This was deliberate nuisance created to harass me knowing that I am weak in this area.

 

14) xyz (contractor) himself said to me in past that 'no one liked PL Unit' and he'd rather develop code than write PL Unit.

 

15) There are many lies and omissions in what scrum master and Manager has said. like

a) "he saya he first asked how much time it will take". He kind of ordered me at 11am that this has to finish by end of day.

b) "xyz completed this task in 20 mins". There is no way anyone can complete this task in 20 mins. xyz who is a contractor had not even half completed in one full day another PL Unit in past.

c) "contractors do not work on PL Unit as they are brought for specific task." There is no such policy. xyz who i a contractor had worked on PL Unit in past.

d) theoretically i was not assigned task. I was assigned coding task which xyz worked on. There is always a separate task for PL Unit.

e) One story can not be carried to next sprint. Here the story was completely different even if it touches same code. No separate story was created.

f) "Your intentional and persistent refusal to obey a direct instruction initially from ..." It is quite clear from my emails that I tried to work on this task but was not able to focus on it or motivate enough to work on it.

g) "said Xxxx could escalate this to a manager if he wanted to" I never said that. Scrum master said that he will escalate to his manager. I only said "ok".

and many more...

H) "SP said he estimated 2 days but then later came back and said it would take him longer". He said I have to finish in 4.5 hours. Later in evening I said I will take 2 more days.

 

If case goes to ET, do you think I have any chance. And thanks for reading till here. There are still people interested for someone's well being

Edited March 28, 2013 by unfairdismissal2

[Emmzzi]

You have a very slim chance but your "letter" is full of assumptions and grudges as well as the facts. Strip them out, They make you look mad and grudgey.

 

Point 4) agile is a methodology, not a law. They can adapt and run it any way they like.

 

Point 11) reads "I am an arrogant person who believes I know better than everyone else." Take it out.

 

You do not strike me as someone with the patience to go through the ET process without becoming further mentally scarred. It is VERY stressful!

 

You were asked to do a task. They have an audit trail of you refusing. That's really all they need to get you out.

 

If you can't rustle up a sincere apology for the sake of keeping your job you have bigger psychological issues, however. Seriously I'd consider seeing a counsellor.

[altobelli]

I wouldn't.

 

There are a number of irregularities/ommissions regarding this process which I would put in writing to the employer before the meeting. Ensure that all these points are discussed and responded to at the meeting, and that any subsequent correspondence reflects this:

 

1) The meeting is to discuss your recent alleged conduct. A seemingly small point, but an important one. Nothing should have been decided at this point.

2) Does the Scrum master have authority to give you instructions?

3) You have not yet been given a reason as to why you were suspended.

4) There is no mention in the letter from HR about the meeting you had with the manager and HR. At this meeting you agreed to do the task. The response of the employer was to suspend you and start the Disciplinary process.

5) While it may be wrong to refuse to do a task because of motivation, if you feel, based on your skills and experience, that there isn't a need to do the task or that staff resources may be more efficiently used elsewhere, you are quite within your rights to bring that up, indeed it is your responsibility.

6) Your manager at no time told you he was considering involving HR or invoking the Disciplinary process. Instead, he went to HR behind your back. Had he told you of his intentions, you may have agreed to do the task.

7) Having agreed to do the task, but being prevented from doing so by your suspension, the company has wasted time and resources uneccessarily on investigating this matter, and the result has been that someone else has been pulled in to do the task.

8) Was it a fair and reasonable instruction? This is what the meeting is supposed to ascertain, it should not have been pre-judged beforehand. Incidentally, HR have drafted the letter badly. It reads as if they are saying that your refusal was fair and reasonable.

9) When they say the matter has been discussed with you, what do they mean? Have you seen the records of these discussions?

10) Again, alleged acts of insubordination. Part of the meeting is to ascertain if what you did actually amounts to insubordination.

11) The Disciplinary Process is unfair. The MI manager who has instigated the complaint is chairing the Disciplinary meeting and is effectively investigating himself! Were this not so serious it would be laughable. The investigation should be carried out and the Disciplinary held by someone impartial. The was this Disciplinary is taking place is something an employment tribunal would take a dim view of.

12) HR are advising. On what - are they IT experts? The Disciplinary should be held by one person, with someone else taking notes. This sounds as if HR are going in a 'nodding dog' capacity to the MI manager.

 

All in all, the employer's conduct so far and its plans for the Disciplinary meeting are inherently unfair. This is an employer on a power trip and the correspondence so far indicates that your 'guilt' has already been decided. If the person who wrote this letter to you is from HR and a member of the CIPD, there is a good chance that they have broken that organisation's Code of Conduct.

 

My advice would be to but the points in writing to the employer before the meeting. There are some points you will need clarified prior to the meeting, and you might need to request that the meeting be postponed before the meeting takes place. Advise the employer that if you are dismissed, you will go to tribunal. The employer has behaved with abject foolishness throughout here, and there is a danger of them over-escalating this all the way to court.

[Emmzzi]

PS So far you have taken on board no advice as far as I can see - and the majority of the advice is to apologise. Do you think you should stop posting and listen to your solicitor instead?

 

I'm always happy to listen to a moan if it helps people feel better. But I do like to know in advance that's what I am doing so I don't expend effort giving an HR opinion.

 

What are you looking for? If it is a way to "prove them wrong", I think you have misunderstood the power balance.

[unfairdismissal2]

Thanks altobelli...i really really appreciate your efforts and willingness to spend time and effort.

 

"3) You have not yet been given a reason as to why you were suspended."

 

I was finally given the reasons yesterday evening at 6.33 pm. I am pre-planned annual leave this week and Monday being holiday I have right to postpone it till Thursday as company's policy says 2 working days notice.

 

 

Emmzzi, I do have some anger management issue because of personal issues. I will be try to be a good boy in next job. Govt has hardly left any employment rights anyway. But it will be hard for me here as I will be dominated if I go back. And work any ways ****.

 

This company is a charity organisation and they are very concerned about their image. I couldn't find a single result in google about ET claim. so probably there will be some compromise agreement.

 

My solicitor is going to send a without prejudice letter (will charge £240) to them that we will take it to ET.

 

 

I am planning to ask them

1) change the meeting conductor to someone outside unit because of lack of trust.

2) supervised access to my computer over weekend or evening to gather evidence.

3) last minute request to call scrum master, xyz, product owner separately to question few things.

4) all details from JIRA (history, comments) about this task.

5) change date to thursday.

6) scan copy of hand written notes of HR

7) a laptop with internet to show them scrum master role details

8) will email them all points above but will hold some so as not to give them time to think.

[altobelli]

I'd hold off on the solicitor's letter for now. By all means put your concerns and requests to the employer prior to the meeting, but give them the opportunity to put things right prior to sending the letter from the solicitor.