Under investigation for serious misconduct

[Leach_williams]

I work for the british government, currently in an outer territory. Today i received a letter from our boss stating that i was being investigated for Serious Misconduct.

It had been brought to their attention that i drove paying passengers on a trip for another company and its in contravention of our policy whilst abroad. While we have to get permission to get second jobs, this was a one off favour, for which i took a days holiday, didn't get paid and even provided my own lunch.

My car has the appropriate insurances and i was told i would not need a work permit as i was not getting paid. I have bank statements to prove i did not get paid, copies of my insurance for the car and booked my annual leave on our system. I have not been suspended but i am worried sick.

This is my dream job and i am crying all the time because i am sure i am going to get sacked or sent home. I am waiting for a call with my union rep but i'm so far from home i'm feeling so alone. Can anyone offer advice?

[FlamingParrot]

Re: Under investigation for serious misconduct

Welcome aboard

So far you are being INVESTIGATED, that means they are trying to get all the facts, it doesn't mean they are going to sack you. Before they can do that there will have to be a process, involving a disciplinary hearing amongst other things.

[stevemLS]

Re: Under investigation for serious misconduct

And presumably you are a civil servant so I would imagine that your disciplinary policy is pretty good?

[PAWS]

Re: Under investigation for serious misconduct

Hello Leach
Your union rep may have been in touch by now and may have put your mind at rest.
When you say you drove for another company, was it a company that could be considered a competitor? (I know it is unlikely as you say you work for the government.) Could it be the company you helped is viewed as one involved in anything immoral or slightly questionable and therefore your involvement could bring your department into disrepute? E.G if you were involved in law enforcement and helped out an organisation or individual who is under investigation by the authorities.
If you were ‘doing someone a favour’, the company was legit and you can show you did not get paid then you will probably be ok. Many employment contracts do state that you may not engage in any other employment paid or otherwise but this usually only applies when the work could be seen as a conflict of interest.
This is tricky as working for the government is not necessarily the same as regular employment. Often the nature of the work requires conditions and restrictions beyond the norm.
I am sure a more knowledgeable beagle will come along with sound legal advice but in the meantime remember this;
Not all these hearings result in dismissal. Your employer has to investigate any such report and this is your opportunity to present the points you mentioned above. This is simply a meeting to see if you are guilty of gross misconduct not a sentencing hearing and from what you said above you are probably not guilty.

[paulajayne]

Re: Under investigation for serious misconduct

Now is the time to get all your information together - print out all emails etc .
Write down your memory of conversations - time and dates.

As the Scouts say "Be prepared".

[dan_1207]

Re: Under investigation for serious misconduct

I work for the british government, currently in an outer territory. Today i received a letter from our boss stating that i was being investigated for Serious Misconduct.

It had been brought to their attention that i drove paying passengers on a trip for another company and its in contravention of our policy whilst abroad. While we have to get permission to get second jobs, this was a one off favour, for which i took a days holiday, didn't get paid and even provided my own lunch.

My car has the appropriate insurances and i was told i would not need a work permit as i was not getting paid. I have bank statements to prove i did not get paid, copies of my insurance for the car and booked my annual leave on our system. I have not been suspended but i am worried sick.

This is my dream job and i am crying all the time because i am sure i am going to get sacked or sent home. I am waiting for a call with my union rep but i'm so far from home i'm feeling so alone. Can anyone offer advice?

Before a decision is made, they will doubtless provide you with their evidence which was obtained following this period of "investigation". Then you should be invited to a meeting to discuss this evidence and give your side of the story. I do not consider that, from the points you have written, you have much to worry about, especially as they have labelled it serious misconduct. This raises the bar for your employer and means they need to evidence, on the facts, that you have done something very wrong. If, say, they chose misconduct, then it might be easier to prove.

When you say it is in "contravention of [your] policy", have you been given the exact clause that you have allegedly breached? I think serious misconduct is a bit heavy, but it widens the scope for your employer in making a decision on the facts which is probably why they've chosen that, over (just) misconduct, say. Given the stage it's at, you may well not know, but either way, please stay in touch, there's always someone here to help.

[Leach_williams]

Re: Under investigation for serious misconduct

Before a decision is made, they will doubtless provide you with their evidence which was obtained following this period of "investigation". Then you should be invited to a meeting to discuss this evidence and give your side of the story. I do not consider that, from the points you have written, you have much to worry about, especially as they have labelled it serious misconduct. This raises the bar for your employer and means they need to evidence, on the facts, that you have done something very wrong. If, say, they chose misconduct, then it might be easier to prove.

When you say it is in "contravention of [your] policy", have you been given the exact clause that you have allegedly breached? I think serious misconduct is a bit heavy, but it widens the scope for your employer in making a decision on the facts which is probably why they've chosen that, over (just) misconduct, say. Given the stage it's at, you may well not know, but either way, please stay in touch, there's always someone here to help.

Thank you. I am a civil servant and i have not been given a copy of the clause i have breached. I am having a hard time getting hold of the rep as they are in the UK. I Will be called for a meeting to put my side of events across but have been offered no evidence from their side.

i did drive for a company on the island but i had it as a days holiday, unpaid and was just doing a favour. The company i drove for asked if i had a work permit and i did state No but reiterated i wasn't getting paid so they said it was alright as it was voluntary This driving is in no way contrary to my normal job and i did it, not just as a favour but so i could also see the area we drove to.

I am now thinking the worst and as the main breadwinner, i'm in pieces and haven't slept. The Padre thinks they are being harsh but with no guidance i'm a mess.

[dan_1207]

Re: Under investigation for serious misconduct

Thank you. I am a civil servant and i have not been given a copy of the clause i have breached. I am having a hard time getting hold of the rep as they are in the UK. I Will be called for a meeting to put my side of events across but have been offered no evidence from their side.

i did drive for a company on the island but i had it as a days holiday, unpaid and was just doing a favour. The company i drove for asked if i had a work permit and i did state No but reiterated i wasn't getting paid so they said it was alright as it was voluntary This driving is in no way contrary to my normal job and i did it, not just as a favour but so i could also see the area we drove to.

I am now thinking the worst and as the main breadwinner, i'm in pieces and haven't slept. The Padre thinks they are being harsh but with no guidance i'm a mess.

Then this is all early days and getting worked up over nothing is silly!

You will receive more information shortly regarding the alleged misconduct, and we will help you once you receive the information.

[Leach_williams]

Re: Under investigation for serious misconduct

Thank you all. My union rep has been in touch today and i had to write her a very long email stating the facts, time lines, my job role, my relationship with my line manager who is also the deciding officer and they are going to check the exact wording of the policy. I have a witnesses who will state i never hid what i was doing and i'm hoping that the driving company will write me a letter stating i did the driving voluntarily.

my rep will be back in touch on friday and i'll let you know what she say, although i think she is looking to come out here if she can but with only 2 flights a week, she may have to wait.

the crying hasn't stopped and i still can't see past the worst but knowing you are all here helps.

thank you