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Hello there,
My apologies in advance, as this post may well be a bit long. Despite trying to craft an abridged version. So please bear with me.
I have recently been dismissed for Gross Misconduct on the grounds that I failed to safeguard company funds resulting in loss of income by theft. Principally this was as a senior member of my team had engaged in acts of dishonesty which it was felt that I should have noted during the 7 months I was their manager.
After 8 months of investigations a hearing was eventually scheduled while I was off work after suffering a mental and emotional breakdown due to the protracted, biased investigation process. I raised a grievance against the process and the one-sided approach that was applied during the stages of the investigation, but this was never looked into, i raised a second grievance to the head of HR against the tactics used during the process and the lack of response to my original grievance; including, but not limited to interviewing me alone (without a minute taker) for 5 hours during the worst period of my breakdown and recording it electronically on the proviso that I would be given a copy that it then refusing to supply me with the recording or notes from that meeting to corroborate what was said) - so effectively a breach of the DPA. I also raised concerns that my new manager had a conflict of interest, I knew them from the sector and had been informed from their previous employer some time ago and they were dismissed for bullying, intimidation and religious discrimination. I held a role which required regular partnership meetings with this employer and as soon as this was known, a campaign of subtle bullying began, including removing me from my own private office in front of my staff team and making me sit in the equivalent of a typing pool. Discrediting me, referring to me as "girl" and removing any autonomy I had about how I conducted my working day, or how I managed my portfolio.
I submitted 2 months of sick notes, but the hearing was rescheduled in my absence, even though my manager had been informed that I was in the throws of a mental breakdown and told that they had consent to call my GP to confirm. The letter said Thursday the 19th December, but Thursday was in in fact the 20th. I turned up, unaware of the error due in part to the medications effects and the sheer panic of having a days notice and was informed that i was dismissed the day previously.
I submitted a very basic appeal due to my ongoing ill health, and the appeal hearing was scheduled for January. I then receive a letter inviting me to a grievance investigation meeting for the grievance I submitted. I informed the IM that my ill health and medication meant I couldn't drive and could we reschedule at my home address. This was the last I heard.
HR then rescheduled my appeal hearing on two consecutive occasions, citing unavoidable reasons. Eventually, the appeal hearing took place and today, unsurprisingly, it was not upheld.
The main reasons given were:
They did not know I was off sick so reasonably expected me to attend the hearing (they had two sicknotes covering mid november to mid january and an email sent 3 days previously to say I was still off)
They disputed My mitigation for not knowing the correct financial process (which was a new process) which was that I was trained and inducted by the person who had been covering my role during my secondment and maternity leave, this person was the same person who committed the acts of theft, so had obviously handed over a process that they devised to ensure that their activity was not identified. - The organisations rebuttal was that I was responsible for ensuring I was appropriately trained and that I should have questioned the induction ( which was overseen by my line manager who showed no concern)
That I breached policy in regard to income processes, but this policy states that "periodic checks" should be completed by the manager or administrator. I was dismissed for this ( even though checks were performed, but financial audits were not and nor were they required by policy) however the administrator was not even disciplined despite admitting that she knew the policy and had worked in the same role for 6 years.
Managing petty cash - I was again held accountable when the administrator lent a college money from petty cash, which states in policy that it will be treated as gross misconduct. I did not authorise this payment. The administrator also knew the previous covering manager (who reverted back to their substantive post on my return) was abusing petty cash in 2010 and failed to make a confidential report or inform anyone. No action was taken against the administrator, yet I was held fully accountable for their breaches of policy. They did not uphold my challenge on the disparate application of the disciplinary process.
As I said, I recognise this is convoluted ( I missed out the fact that I was also going through a restructure and opted for redundancy and they accepted it, my last day of service was the day the hearing was heard and I received a payslip with my redundancy pay included - but no pay!)
My question is, that on the basis of the difference of how I was treated compared to other staff who conducted the same breaches of policy, would I have a case for unfair dismissal?
In advance, I would like to thank anyone who has managed to read this far, thank you for your patience.
My apologies in advance, as this post may well be a bit long. Despite trying to craft an abridged version. So please bear with me.
I have recently been dismissed for Gross Misconduct on the grounds that I failed to safeguard company funds resulting in loss of income by theft. Principally this was as a senior member of my team had engaged in acts of dishonesty which it was felt that I should have noted during the 7 months I was their manager.
After 8 months of investigations a hearing was eventually scheduled while I was off work after suffering a mental and emotional breakdown due to the protracted, biased investigation process. I raised a grievance against the process and the one-sided approach that was applied during the stages of the investigation, but this was never looked into, i raised a second grievance to the head of HR against the tactics used during the process and the lack of response to my original grievance; including, but not limited to interviewing me alone (without a minute taker) for 5 hours during the worst period of my breakdown and recording it electronically on the proviso that I would be given a copy that it then refusing to supply me with the recording or notes from that meeting to corroborate what was said) - so effectively a breach of the DPA. I also raised concerns that my new manager had a conflict of interest, I knew them from the sector and had been informed from their previous employer some time ago and they were dismissed for bullying, intimidation and religious discrimination. I held a role which required regular partnership meetings with this employer and as soon as this was known, a campaign of subtle bullying began, including removing me from my own private office in front of my staff team and making me sit in the equivalent of a typing pool. Discrediting me, referring to me as "girl" and removing any autonomy I had about how I conducted my working day, or how I managed my portfolio.
I submitted 2 months of sick notes, but the hearing was rescheduled in my absence, even though my manager had been informed that I was in the throws of a mental breakdown and told that they had consent to call my GP to confirm. The letter said Thursday the 19th December, but Thursday was in in fact the 20th. I turned up, unaware of the error due in part to the medications effects and the sheer panic of having a days notice and was informed that i was dismissed the day previously.
I submitted a very basic appeal due to my ongoing ill health, and the appeal hearing was scheduled for January. I then receive a letter inviting me to a grievance investigation meeting for the grievance I submitted. I informed the IM that my ill health and medication meant I couldn't drive and could we reschedule at my home address. This was the last I heard.
HR then rescheduled my appeal hearing on two consecutive occasions, citing unavoidable reasons. Eventually, the appeal hearing took place and today, unsurprisingly, it was not upheld.
The main reasons given were:
They did not know I was off sick so reasonably expected me to attend the hearing (they had two sicknotes covering mid november to mid january and an email sent 3 days previously to say I was still off)
They disputed My mitigation for not knowing the correct financial process (which was a new process) which was that I was trained and inducted by the person who had been covering my role during my secondment and maternity leave, this person was the same person who committed the acts of theft, so had obviously handed over a process that they devised to ensure that their activity was not identified. - The organisations rebuttal was that I was responsible for ensuring I was appropriately trained and that I should have questioned the induction ( which was overseen by my line manager who showed no concern)
That I breached policy in regard to income processes, but this policy states that "periodic checks" should be completed by the manager or administrator. I was dismissed for this ( even though checks were performed, but financial audits were not and nor were they required by policy) however the administrator was not even disciplined despite admitting that she knew the policy and had worked in the same role for 6 years.
Managing petty cash - I was again held accountable when the administrator lent a college money from petty cash, which states in policy that it will be treated as gross misconduct. I did not authorise this payment. The administrator also knew the previous covering manager (who reverted back to their substantive post on my return) was abusing petty cash in 2010 and failed to make a confidential report or inform anyone. No action was taken against the administrator, yet I was held fully accountable for their breaches of policy. They did not uphold my challenge on the disparate application of the disciplinary process.
As I said, I recognise this is convoluted ( I missed out the fact that I was also going through a restructure and opted for redundancy and they accepted it, my last day of service was the day the hearing was heard and I received a payslip with my redundancy pay included - but no pay!)
My question is, that on the basis of the difference of how I was treated compared to other staff who conducted the same breaches of policy, would I have a case for unfair dismissal?
In advance, I would like to thank anyone who has managed to read this far, thank you for your patience.
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