My work is giving me another disciplinary

[Mr Right]

Basically this is a post for my other half but I'll post it as if it were me.

I recently had a disciplinary which resulted in me being on probation until the 23rd of November. My work has launched another disciplinary for missing a shift but going to my other workplace.

What happened was at between 1am and 2am someone was banging on my front door. I never answered, why would I? After 3 o'clock it was going repeatedly again so I jumped up angrily and it turned out to be the police. Apparently the noise happened to be a man getting his head kicked in and they needed to take statements from me and my partner. They left but at around 5 o'clock they came back again and took more details of what happened. I got about an hours sleep then I was up for the doctors before going away to my first work for a 12-16:45 shift. Halfway through this shift I was dead on my feet and decided to call my second work and say I couldn't make it in. They were okay with it (missing the shift on the Friday) but when I was back on Monday they asked for police records to prove they were actually in multiple times all through the night. I did ask the police about this and they said that the work has no right to ask for that and thus wouldn't give any proof. My boss then said he had access to records of crimes and that nothing happened outside my house. The forensics and police were outside for days taking sign ins so obviously he is lying about this but where do I go from here? He has said I am now being taken to a disciplinary and after I said I wouldn't attend he then brought up the fact I am still on probation.

As an added note, I finish work at 11pm, don't get in my house until after midnight having a half an hour bus journey. After this, they still wouldn't change my shifts with someone living nearer, It was fine when I lived a 15 minute walk from work, but now it's just too much and if it does get really bad weather, I have a 2+ hour walk home!

So basically, is it unauthorised if I called in beforehand and let them know or am I still in the wrong and need to take what they throw at me? I'm waiting on my union rep to be available before I even consider going to any disciplinary though.

[miliitant]

Re: My work is giving me another disciplinary

first question

the disciplinary meeting being held at 6pm

is this during working hours or has your shift finished then

how long have you been employed for as you mention probation

[Mr Right]

Re: My work is giving me another disciplinary

That would be the start of my shift. 6pm until 11pm.

[miliitant]

Re: My work is giving me another disciplinary

i will be blunt

as you are on probation with less than 2 years service, the employer can get rid of you at any time with no redress

protection against unfair dismissal does not kick in till after month 24

not saying it will be dismissal as they should put that in the letter if a consequence of the meeting dismissal is an option

expect the worst ime afraid

[leclerc]

Re: My work is giving me another disciplinary

Were you truthful with your other work?
How did the employer have access to the police data base since if the second job was not at a police station then the recording of a crime which may not then go onto a court case would be contrary to data protection?

Personally and from the sounds of it, the second job appears to be not working out so the advice I would suggest is look for another job

[Mr Right]

Re: My work is giving me another disciplinary

Thanks for all the advice.

I started this job 2 years ago this month. Assuming it was the 15th, if I got the disciplinary after his date would I have more rights or do those count ffrom when the disciplinary was initially administered?

Yeah I was completely truthful. I didn't know I'd crash with tiredness later in the day and I informed them ASAP.

I don't think he does have access to anything, he just thinks I'm lying when I am not and is thus lying to me.

I am definitely looking elsewhere since its not the first time I've been disciplined for nothing but this has been the biggest injustice to me since they are basically telling me the reasoning for my absence was lies. I am definitely looking elsewhere but I can't afford to quit this 25 hour job since my good job is only 16 hours. I would need to wait for a new job to come up.

[bluebottle]

Re: My work is giving me another disciplinary

If an employer sought access to any information about crimes, the police would politely tell them to go off and urinate. Not only are the police subject to the Data Protection Act, they are also subject to the Official Secrets Act, Contempt of Court Act, Criminal Procedures Rules and other legislation which restricts the disclosure and dissemination of information relating to crimes. The manager, in this case, is clearly telling porkies and needs to be reminded of this at the disciplinary hearing. It might be a good idea to get the union rep to obtain written confirmation from the police about the incident outside your home and the fact that the manager does not have access to any information abut crimes. Not only would that throw a spanner in the works, it would show the manager to be the liar and bully they clearly are.