Discipline help

[Paulac209]

Hi. I was wondering if you can advise me. I raised concerns about the finances of the company I work for in a general board meeting. I accept that it wasn't the right forum to do this but after speaking directly to 2 directors who weren't interested I raised my concerns strongly in the meeting.

A few weeks after the meeting I attended my usual performance meeting and was told my actions in the meeting were inappropriate and many areas of my performance were not up to standard. I was told I had to improve my performance. I received no notes from the meeting and I did not receive any additional training or coaching meetings .

A week later I was told I had to go to a meeting. I asked twice what the meeting was about and I was told it was to discuss what happened in the meeting. I went in and felt I was inialated was given a verbal warning. Again i received no paperwork
12 weeks passed and I came back from my holiday to find a letter in the door. It said I was suspended pending an investigation into a major conduct issue which happened just before my holiday. I am invited to an investigation meeting tomorrow. It also said I was still not performing and faced further disciplinary for not improving performance. The notes of the supervision session were included which I haven't had the chance to agree and I haven't signed it. I was told the minutes of the meeting was sent to my email whilst I was on holiday but I'm not allowed to access my emails so I haven't agreed anything or signed snything.
I feel if I had known I was having a verbal warning I would have brought support or asked for an independent minute taker. I didn't know all the improvements required because I didn't get any noted or confirmation of the warning.

now I'm facing more disciplinary action and the stress of loosing my job is so bad.

can anyone give me advice

[Amethyst]

Do you know what the 'major conduct issue' was ?

Tagging Ula & mariefab to see if they will be able to help regards the processes used so far - it doesn't sound compliant with ACAS to me.

How long have you worked there?

What is your position in the company (basically) - thinking you're not a director ?

[Paulac209]

Hi. Iv'e worked there 3 years.i am a manager. My work are saying a decision I made wrongly and it didnt follow proveedures amounts to gross misconduct. I will be disputing that completely.

[ULA]

Answers to the questions@Amethyst has asked would be really useful. For the purpose of my response I am going to assume you have more than 2 years’ service?

Does your company have a Disciplinary procedure? If so what does it say about a verbal warning as part of the procedure does it constitute a formal or informal part of the company’s process? If the former then in my view they have not followed a correct process whereby you should have been notified in writing of the meeting, given details of the issues and where appropriate supporting documentation that the company was going to rely on, giving adequate notice of the meeting to give you time to prepare, inform you of what disciplinary action may be taken and giving you the right to be accompanied.

In your performance meeting were details given of the improvements that were required, what measurement criteria would be put in place to determine whether the improvements had been made or not and timescales over which the improvement had to be made?

Is the major conduct issue related to performance? If not, then the two matters should be treated separately.

[Paulac209]

Hi. No the gross misconduct relates to that single incident but both were detailed in the same letter. I have always had positive performance meetings until after that board meeting when I outed my manager.

[Amethyst]

Just wondering, the Financial issues you raised at the meeting - was it related to anything, illegal, negligent etc - ie could it be classed as a protected disclosure/public interest disclosure?

[Paulac209]

Hi. The verbal warning is listed along with the other warnings and says
Verbal Warning

A Verbal Warning is appropriate when it is necessary for the manager in charge to take action against an employee for any minor failing or minor misconduct.

It has timescales and it says all warning must include a letter within 7 days etc so I'm thinking yes.

thank you for taking the time to reply I really appreciate it

[Paulac209]

Hi. The company is a lLtd charity. I said the money wasn't being managed and not enough funding was being sought. I was very concerned because it stated in our constitution the board would guarantee reserves to allow 3 months salary for all staff and it had now dropped and if something happened we would not get any redundancy. My boss has been in his post 2 years and has been spending money carelessly including getting 2 payrises in his first year. He hasn't brought in any funding. It was wrong to do it in a meeting but I did try to speak to 2 directors separately and they did nothing.

[Amethyst]

Possibly then, depending on the rules with Charities - bit of info https://www.gov.uk/guidance/whistleb...rity-employees - not sure if it couldbe classed as a protected disclosure, but it certainly sounds like they are trying to get rid of you because you raised the issue so I might be inclined to dig a bit deeper.

Sorry that was a slight sidetrack from your actual disciplinary issue but might help later on if you have to go to tribunal Ula

[ULA]

If the major conduct issue they are investigating relates to the general board meeting then I am wondering why they are now investigating something they have already disciplined you for and why have left it for well over 12 weeks, based on your posts, to start the process. Once an allegation of misconduct is raised then the employer should start the investigative process without unreasonable delay.

If the verbal warning is part of the published disciplinary procedure then they need to deal with the process as outlined in that document which means that yes it should have been followed up in writing within 7 days. Also does the policy give a provision to appeal any disciplinary action even a written warning, if so you should have been advised of that in the letter with the timescale in which you could make any appeal and who to.

[Paulac209]

Thank you so much ula. The misconduct is not relating to the meeting. I'm going to fight it because I still believe I made the correct decision. I feel like I'm been framed.
There is still no letter following the verbal warning. I haven't appealed it because I haven't had any communication since. I wasn't given minutes of any of the 2 meetings. Until now 12 weeks later. I have noted of the performance meeting which I don't agree with. I can't access and have not read the minutes of the verbal warning meeting because it was sent 3 weeks ago and I was suspended and not allowed access to my emails so I can't read them If I had known I would be getting a warning I would have brought a witness.

[ULA]

Thank you its a bit clearer now. It really does sound like they are not following their own procedures and if they sent an email whilst you are on suspension knowing that as part of the terms you were not allowed to access your emails then any correspondence to you should have been sent to either a personal email address they hold on file for you or by post.