Disciplinary Hearing

[IamIan]

Hi all, its my first post here and looking for advice.

 

I have been having a tough time lately which has resulted in me going on the sick from work with stress/anxiety.

 

At the time of break up I asked for a bit of help from work as it is a high pressure sales environment and I was struggling with targets, to which I was told they still expected me to hit my targets as I should be able to leave my problems at the door.

 

I have been off for around 2 month now and have received a letter inviting me to a stage 3 disciplinary hearing.

 

The disciplinary relates to a day off I took in July due to car problems. My shift was 10.30 - 6.30 and i got agreement from work at about 2.30 that I could take the day off and make the time back. In fairness I did exaggerate what had happened but they still agreed the day off. Now they are saying that I have lied to a manager so they have lost all trust and confidence they have in me. They have checked with my brekdown provider who my employer are linked to and have found that I have exaggerated the situation.

 

So my two questions are can they check with my breakdown provider or is this a breach of some law? and Do I have to attend the hearing considering I am signed off work on the sick?

 

Thanks.

[Haven]

I would assume for a start that it is a breach of data protection unless the company provide the recovery.

[IamIan]

I would assume for a start that it is a breach of data protection unless the company provide the recovery.

 

Kind of, I work for one company, the breakdown company is another but owned by the same parent company but use the same computer systems

[Pusillanimous]

If it is a company car owned by them and the breakdown company is under contract to them, then it is not a breach of the data protection act.

[IamIan]

Its not a company car but they do have access to the Breakdown system. I didnt realise they could/would check after agreeing the day off.

[Pusillanimous]

As they are paying, they are entitled to see what they are paying for. Did you get an advance estimate it might take all day? That could be a let out clause.

[IamIan]

No, I rang them at 2pm and said I could come in, I was told that it is more benefficial to make up a full day. I have evidence of this. The breakdown record shows the job was finished at 12 though so they are saying they have lost all trust and confidence in me

[Pusillanimous]

No, I rang them at 2pm and said I could come in, I was told that it is more benefficial to make up a full day. I have evidence of this. The breakdown record shows the job was finished at 12 though so they are saying they have lost all trust and confidence in me

 

You rang them up and told them. They advised you to take the whole day off. Sounds like a misunderstanding, but you acted perfectly reasonably and in good faith. One hour's lunch means you delayed by an hour?

[IamIan]

You rang them up and told them. They advised you to take the whole day off. Sounds like a misunderstanding, but you acted perfectly reasonably and in good faith. One hour's lunch means you delayed by an hour?

 

Exactly.

 

The thing is the day after when I went back they did ask me for a run down of what happened and I told them my car wasnt sorted until 2pm. I think thats the part they are trying to get me on as they say it was at this point that I 'lied to a manager, causing them to lose all trust and confidence' in me.

 

I think I may have to just suck it up and accept the consequences?

[Emmzzi]

Come on, you've been caught bonnie pulling a fly one.

 

Whether you need to go in depends on what your doctor says so I'd ask them if you are well enough.

[IamIan]

Essentially you are right.

 

I am now trying to find out my rights for if/when I attend my meeting.

[Emmzzi]

ok. How's your track record otherwise? And how long are you signed off for?

[IamIan]

I'm signed off until Monday but have an appointment to see the doctor again tomorrow.

 

My track record is fine, a couple of absences in the last 12 month but no other disciplinary issues.

 

The manager has been doing her best to make me uncomfortable at work since she found out I was studying for a change of career in my spare time.

[Emmzzi]

maybe, but that assumption won't help, so keep it to yourself

 

when you say stage 3 - have there been another 2 stages first? I don't totally follow

[IamIan]

No, they are classing lying to a manager as gross misconduct so straight to level 3

[Emmzzi]

has there been an investigatory process? were you actually suspended? Do you have a union rep to take with you?

 

This sounds odd, like they have decided it is GMC before the hearing. Which isn't quite right.

[IamIan]

Yes there has been an investigation and I have received the information today.

 

What I received today is an invite to a meeting to hear my side of the story. It says the meeting will take place whether I attend or not. The letter was also sent by normal post, I'd of thought they'd have to make sure I received it to give me a fair chance to defend myself.

 

I haven't been suspended but suspect I would if been if I wasn't signed off. I could take a union rep but I don't have much hope as it is an in-house union so the union rep is actually just a colleague (who in all likeliness is a friend of the manager conducting the interview).

[Emmzzi]

you know you sound like a conspiracy theorist, don't you? the manager and the rep are both out to get you?

[IamIan]

Not at all. I didn't say the union rep was out to get me.

 

It's a well known fact at my work that the union reps are friendly with the management. In fact it is often joked about how useless the union reps are.

[griffzilla]

Kind of, I work for one company, the breakdown company is another but owned by the same parent company but use the same computer systems

 

Do you pay for the breakdown cover yourself, or is it a company policy?

[IamIan]

The breakdown policy is in my name but they give it out for free to all employees

[Emmzzi]

don't get caught up in data protection etc

 

I would apologise and mean it, see where you get

[smokejumper]

i think the ruling is something like, if you can tell right from wrong, can understand the charges and are able to instruct someone else ( if not able yourself) to represent you, then they can ask you to attend.

 

However I think it would be extremely inconsiderate to hold the hearing why you are off with anxiety, not in the best interests of your health.

 

It is your duty to not do anything that hinders your recovery and I think that should apply to the employer.

 

I think you need to act quick and write to them, telling that this is not helping you get better and respectfully postpone until you are better, as a reputable employer would. Back up letter from doctor might also be good idea.

 

As to leaving your problems at the door, I wont go into how I would have dealt with that one, a training need has been identified for that manager.

[Pusillanimous]

I can't see there is anything to discipline you for. A verbal warning should have been enough. Just tell them you said 2:00 off the top of your head without really thinking. You inadvertently factored in lunch time as that was the time you went to pick the car up. You said 2:00 instead of 12:00 without thinking, or you didn't look at the time. No deception was intended. Think of any old excuse, as they are thinking of any old accusation.

[IamIan]

i think the ruling is something like, if you can tell right from wrong, can understand the charges and are able to instruct someone else ( if not able yourself) to represent you, then they can ask you to attend.

 

However I think it would be extremely inconsiderate to hold the hearing why you are off with anxiety, not in the best interests of your health.

 

It is your duty to not do anything that hinders your recovery and I think that should apply to the employer.

 

I think you need to act quick and write to them, telling that this is not helping you get better and respectfully postpone until you are better, as a reputable employer would. Back up letter from doctor might also be good idea.

 

As to leaving your problems at the door, I wont go into how I would have dealt with that one, a training need has been identified for that manager.

 

Thank you for the advice. I will get onto it now and get the letter in the post to them today.

 

As for the manager, when I mentioned it she obviously denied ever saying it.