Disciplinary hearing after being at court and appearing in newspaper

[djyo]

Hi there I did a google search on this and have read a few threads on here regarding this but thought id ask about my own personal case.

 

I have been suspended from work since the 16th of july after i appeared in a news paper article naming me but not the company i work for nor the clients site ( i am a industrial cleaner working on a private aircraft manufacturing site).

It said in the paper i was "high on cannibas" when i supposedly committed this offense but i was acquitted of the charge with a not proven verdict, i stupidly made a false confession for reasons that il keep to myself unless needed, the reason i told the police i was high on cannibas at the time was because my ex's mother told me to say this to lesser my sentence if i got one was schizophrenic people get lesser sentences anyway as i said this was a false confession.

 

I hadnt told my employer about the court case before or after the case ended because frankly i didnt know how to talk about it.

 

They asked me to do a drugs test which i agreed to do which they still haven't arranged but i have just received a disciplinary hearing letter for the 30th of july, there reasons are as follows.

 

1. Suspicion of drug use whilst working for the company, the site operates a zero tolerance, due to the fact that you drive and operates machinery as well as lone working on the nightshift this is a real concern. In our company handbook it states coming into work under the influence of alcohol or drugs is classed as gross misconduct.

 

2. Failure to inform your employer that you were attending court as part of a trial aggainst yourself for allegations of a violent behavior, in which your employer andsite client were informed about through a newspaper article naming you, this may have brought both the company and our client into disrepute.

 

3. Breach of trust and confidence by failing to inform your employer before or after the court case to enable us or the client to prepare for any consequences of the newspaper article.

 

It goes on to say........

This is a serious allegation and, if proven, may be regarded as gross misconduct, therefore any disciplinary action may result in your dismissal from the company.

 

Now this hand book they talk of i have never seen nor have i had a copy of any contract to say if i have to inform them if i where attending court.

 

Its a pretty big well known company, they in my opinion and colleagues opinions are looking for ways of paying people off, they have cut costs and recently paid off 6 employees on the site.

I dont see how they can have this meeting without doing the drugs test first?

[BRIGADIER2JCS]

Hi Welcome to CAG,

 

What offence were you charged with?

Admission of having been under the influence of drugs is going to be of concern to an employer, who is placing workers into areas that my be hazardous and or may have 'security' concerns.

 

If you claimed this was true under oath in court you leave yourself open to charges of perjury.

 

The employer may well insist on a drug test as part of the disciplinary procedure.

 

Having worked in an area where there is a zero tolerance to drug use being under the influence of alcohol at work I can understand the employers concern.

 

IMO you can only plead that you were given unreliable advice and that you regret lying about drug use.

[djyo]

Hi Welcome to CAG,

 

What offence were you charged with?

Admission of having been under the influence of drugs is going to be of concern to an employer, who is placing workers into areas that my be hazardous and or may have 'security' concerns.

 

If you claimed this was true under oath in court you leave yourself open to charges of perjury.

 

The employer may well insist on a drug test as part of the disciplinary procedure.

 

Having worked in an area where there is a zero tolerance to drug use being under the influence of alcohol at work I can understand the employers concern.

 

IMO you can only plead that you were given unreliable advice and that you regret lying about drug use.

 

Thanks for the welcome

 

There where two charges

Assault to injury and endangerment of life

And possession of a controlled substance ( the cannibas )

 

The second charge was agreed to be dropped by the prosocuter and my council during the trial.

 

I never said I was taking drugs under oath in fact it was the complete opposite, I told the police in the interview in August 2011 I was taking it but retracted my statement 2 weeks later.

 

I am more than happy to take the drugs test because I know I will pass it.

I have a suspicion they are going to sack me at this meeting if they do, do I have a good case for a tribunal?

Thanks again

[djyo]

Also at the investigation meeting I was only told they had an issue with the fact it says in the article I was high on drugs, they never mentioned anything about why I didn't tell them i was at court.

To me this feels like they have went away and tryed to find any other little issues they could find and added them in now, is it a requirement to inform your employer of attending court as a suspect?

[steampowered]

What happened with the alleged violent behaviour and the assault charge?

[djyo]

What happened with the alleged violent behaviour and the assault charge?

 

I was aquited unanimously by jury I had seen my lawyer about the possibilitys of sueing the paper with slander but there wasn't enough to go on in his opinion plus it would cost me ££££ that I don't have

[steampowered]

You need to be aware that the burden of proof for criminal purposes and employment purposes are different. Criminal proceedings must be proved beyond reasonable doubt; but an employer can dismiss you for gross misconduct if it has a reasonable belief that you engaged in the conduct in question.

 

Accordingly you need to be prepared to explain the circumstances to your employer at the disciplinary despite being declared not guilty by the jury. Passing the drugs test would be a good start, but the allegation of violent behaviour is worrying.

[BazzaS]

Was this in Scotland?.

I note the OP said the verdict was "not proven" rather than "not guilty". An employer might be influenced by this (and again may be bound by the civil rather than the criminal standard of proof).

[djyo]

Was this in Scotland?.

I note the OP said the verdict was "not proven" rather than "not guilty". An employer might be influenced by this (and again may be bound by the civil rather than the criminal standard of proof).

 

Yes this is in Scotland, however I am aware of an employee of the clients site who was charged with having indecent images of children and continues to work there, this was also in the local newspaper

Edited July 29, 2013 by djyo

[BazzaS]

Yes this is in Scotland, however I am aware of an employee of the clients site who was charged with having indecent images of children and continues to work there, this was also in the local newspaper

 

Charged only?

If it hasn't yet been to court perhaps they are awaiting the verdict??

[djyo]

Charged only?

If it hasn't yet been to court perhaps they are awaiting the verdict??

 

I can't rember the outcome of it, it was over a year ago I know he had been to court though

[djyo]

Well that's me bean at the hearing, they are now saying the drug use is no longer there concern it's the reason I didn't tell them I had been to court.

The trial lasted 2 weeks which I used my holidays for but it ran on 3 extra days, I told my supervisor I was at court because it ran on and gave them a note from my lawyer telling them so, they asked why I never told my manger but he was on holiday, shows how much they know about there own staff!

 

I told them I didn't know how to bring it up that's why I never told them before hand.

My supervisor is totally on my side he said he couldn't tell anyone as he couldn't get a hold of anyone.

 

I have been told I will recivie there descion by post which I don't believe will be in my favour.

[djyo]

Well after the hearing I was dismissed from 31st of July, I appealed there decision and after a long wait they have offerd me a job back but not on the same site as I have since been replaced.

 

I have been offerd a delivery job 40hrs per week I would be happy to take, if I say I'm interested in this job does that mean I will have to attend an interview then have the possibility of being turned down?

 

I'm a bit weary because I only have three weeks left to contact ACAS and start a tribunal hearing and I don't know if they are doing this to waste time and expire the time I have to take them to a tribunal ??

[mariefab]

Did you get the job offer in writing? If so, what exactly did the letter/email say?

[djyo]

Did you get the job offer in writing? If so, what exactly did the letter/email say?

 

Yep it's in writing just revived it this morning

 

 

The job I'm interested in is on a different page

[Pinkymachine]

Hello.

 

What if you start the job and they sack you within a week. You can't take them to a tribunal because you have to have been with the company for at least 2 years. Or are they offering you the contract from your last job as continuous service?

[djyo]

Hello.

 

What if you start the job and they sack you within a week. You can't take them to a tribunal because you have to have been with the company for at least 2 years. Or are they offering you the contract from your last job as continuous service?

 

Sorry yeh I have been with this company since nov 2011 they took over the contract from another cleaning company that was there since I started in June 2008

Edited October 6, 2013 by djyo

[Sidewinder]

I think the question was more whether the employer is maintaining your length of service or whether this is a 'new' contract. That may be a question you should ask as in the first case you would have a greater degree of protection after two years service (ie next month) than you will if they have broken your service and are effectively starting you as a new employee now.

[djyo]

I have got those dates mixed up they took over in June 2011 and I have worked on the site since nov 2008,

They had just renewd there contract on the site in June for another 2 years don't know wither that helps me, the position I'm interested in is full time doesn't mention anything about being a contract.

I'm going to call them tomorrow is there anything specific I should ask?

Thanks again