Support worker/gross misconduct charge

[ArchieGarner]

Hi all,

 

A month ago I was suspended on full pay following allegations made against me that I had consumed alcohol in a service user house and that I had asked to borrow money (none of which are true, and still neither have been proven)

 

I have vigorously denied the allegations made against me, the two individuals who made the original comments are heavy alcoholics and often mistake their facts.

 

I had to represent myself at my disciplinary hearing because my payment to my union (GMB) had bounced and they told me that this had rendered my membership void. I had not had the opportunity to review the notes prior to my disciplinary hearing but was presented with documentation, minutes and interview notes to review prior to the hearing. The hearing lasted for an hour and I was asked to explain the foundation of the allegations, which I did, and I had proof that none of them were true. Upon further investigation prior to my disciplinary hearing, one service user withdrew the allegations against me.

 

Upon my return home I had chance to review the pre-disciplinary minutes my employers had sent me. They had omitted the original incident reports from the notes I had been given at the meeting, one of the allegations was reported at the beginning of March but my employers had not acted on it because the manager who received the original report had left the company, so I worked on site for a month before the allegations were investigated.

 

Today I received a voicemail from my company's regional manager informing me that I have been dismissed for gross misconduct. I feel like I have been totally stiched up. I am stunned, and maintain my innocence. Will this show up on my CRB? I have a lot of questions to ask my employers but I don't really want to contact them without sufficient representation first.

 

Any assistance regarding this matter would be greatly appreciated.

[becky2585]

Hello

 

First of all, have you drafted your appeal?

 

What proof do you have that the allegations are not true?

[ArchieGarner]

Hi there,

 

I have not drafted an appeal as yet. The proof is my word, against the word of the person who made the allegations.

 

Thanks

[ArchieGarner]

By this, I mean that two people have conjured highly conflicting stories, one of which was retracted by the time I had my hearing.

[altobelli]

What is the specific allegation made about you consuming alcohol in the service user house - is the accusation that you brought alcohol with you to consume, or that you were offered alcohol and accepted it? Have you ever had any accusations made against you in the past?

[ArchieGarner]

I have worked fautlessly for five years. I have a clean work and CRB record with no other discipliniry matters. The alcohol was offered to me and I declined, but two supported individuals (who were both intoxicated) claim to have seen me consume alcohol, on this one particular day. Later one of the individuals retracted what he said.

[becky2585]

Unfortunately when there isn't proof either way and its one persons word against another, they could legitimately believe either as long as the decision isn't perverse in light of the investigation.

Edited April 23, 2013 by becky2585

[ArchieGarner]

Will this appear on my CRB?

[assisted blonde]

are tghe police involved? if not no

[ArchieGarner]

I have been told that it has gone to safeguarding.

[altobelli]

I don't think this investigation should really have got off the ground, I don't see enough evidence for you to have a case to answer. The presumption must be one of innocence and there seems to be no actual evidence against you whatsoever. To sum up, you have a clean history, you have been accused by two alcoholics, who were intoxicated at the time, no evidence has been presented, and one of the accusers has now retracted his statement. So at the moment you have your word and the word of the person who retracted the statements versus the word of the one person who maintains the accusation. Based on the information you've provided, there is simply insufficient evidence to proceed with any disciplinary, let alone sacking.

 

I would appeal the decision, make it clear that no evidence was provided to back up the allegations and that you now have a witness (the person who retracted the statement) to say that the allegation was unfounded. Ask to see the notes from any meetings and the written evidence of any information which was used to make the decision to sack you. It might be worth speaking to the union again, I know you're no longer a member but this is something which could open the floodgates if this employer treats unfounded allegations as fact, so could well affect other members of the union. I think you should fight this all the way, it is the only way to clear your name if you have done nothing wrong.

 

Sorry, I need to ask, because I'm very surprised that this action has been taken with no evidence at all, can you say 100% categorically that there is no truth whatsoever in the allegation that you consumed alcohol and/or that you asked for money. Nothing said or done even jokingly or innocently which can have been taken the wrong way - in other words the allegations are a complete fabrication?

[ArchieGarner]

I absolutely did not do any of those things, check your inbox

[altobelli]

Thanks for confirming, and sorry to have to ask.

 

My suggestion then is to work on your appeal - you need to demonstrate the absurdity of the allegations and also the fact that it cannot have been reasonable for the employer to take the action it did based on the circumstances. It might be worth writing to the employer prior to the appeal - say that you are writing prior to appeal and mention the key points - no evidence, retracted statement of one of the accusers. Ask for a meeting and state that you are worried about the effect that these allegations might have on your future and that people on your line of work are placed at risk by this type of allegation. I would also call the union to see of they can offer any help. Speak too to CAB and it is also worth considering contacting the police, as making false allegations could be criminal (before actually contacting the police I would put in the informal letter to the employer that you are considering doing so).

[honeybee13]

I absolutely did not do any of those things, check your inbox

 

Hello Archie. I doubt if the PM arrived, because you don't have sufficient posts to send them. In any event, advice by PM is against the spirit of site rules and this is for the protection of all concerned. Advice should be kept on open forum please.

 

HB