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Gross misconduct and another disciplinary hearing tomorrow for conduct

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  • Gross misconduct and another disciplinary hearing tomorrow for conduct

    Afternoon. this is my first post on here but I am in desperate need for some advise.

    So I'll start from the top. I work in retail and about Christmas time I was given a final written warning for gross misconduct. I had taken some GWP (gift with purchase) from another brand and not asked permission and used it as a GWP fro my own customers. I would like to make it clear that I didn't take anything for personal use or steal anything for myself nor was anything taken out of the store. I took responsibility for this as I know I upset the representative of the brand I took the items from. The conditions of the final warning was that I be re-trained and made aware of the store policy and procedures for such situations.

    I asked my area manager about getting this training but she basically brushed it off and said I was smart enough not to let that sort of thing happen again, I did ask to do it anyway and she said she would talk to the floor supervisor about it to get it sorted, but she never did,

    Fast forward to last week. I came into store from my day off to find that we are on a promotional offer. This store I work in have a tendency to do that sort of thing without actually telling anyone what the offers are about so you basically have to figure it out for yourself.

    There was a piece of paper at the till point so I read it to get an idea of how the promotion worked. The promotion itself was a scratch card to reveal an offer underneath. Now out of sheer curiosity I scratch off a few of the cards to see what sort of discount was in the bunch I'd been given.

    While I was doing this I had a customer walk up to counter, so I asked her if she had received one on her way into store, she said no so I scratched the next one in the pile for her and proceeded with the transaction.

    There were other things going on at the time which involved my colleagues. That situation was dismissed pending mitigation with the person involved.
    My area manager was in store on the day in question and was there to investigate another alleged incident of my service to customers. Again this was dismissed as they decided there was nothing to the grievance.

    When I went back for that decision thats when they said the scratch card situation had been brought to their attention. I was immediately suspended (with full pay) pending a disciplinary which is tomorrow.

    During the investigation they said I had broken the store policy of giving people selective discounts by scratching off the card myself, a policy I was never aware of ( I have worked for this particular store in two different locations but I have never seen that policy). In the disciplinary letter/email they have attached this policy and I am sure I have never seen it before. The old store I worked in was very lazy with their on-boarding process and the trainer in store was well known for not doing a very good job.

    My work situation has not been the best as they never took steps to mediate the situation between myself and my colleagues, especially since I have been feeling like I work with people who don't like being managed by someone who isn't afraid to be themselves and they have created an environment that isn't physically and mentally stable for myself.

    I have gone to my GP today and been signed off for two weeks as I have been having constant panic attacks, extreme depression and stress but am not sure if I should even hand it n as am pretty sure they will fire me anyway.

    so basically just want to ask if anyone can advise on any options I may have in this situation.

    1. if i should give in my notice along with my sick note, but then would i still need to go in for the disciplinary?
    2. just go in armed with my notice to leave
    3. try and negotiate me leaving immediately but being paid for my notice period (4weeks) I've been with the company for four years in may.

    I understand the severity of the situation but due to my continued depression I have not been able to feel any quilt for the situation.. and still don't really feel like what i've done is that bad. Especially as I didn't selectively give anyone any specific discounts to gain more sales.
    I want to apologise butI feel like there may be no point.

    Would appreciate any advise. Thank you!
    Tags: None

  • #2
    Perhaps Ula might be able to offer something, but you have left it late.
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    • #3
      If you are already on a final written warning then I presume that the company has notified you in writing what the consequence will be, if as a result of the disciplinary meeting, they determine that further action should be taken. Have they stated that the result could be dismissal? If it is on the basis of gross misconduct then they would be entitled not to pay you any notice period.

      Effectively you are signed off sick so you could contact the company let them know and as a consequence ask them to postpone the meeting. As this would be the first request they may accept and agree to hold the meeting on your return from sickness. However this may be delaying the inevitable.

      In regard o handing in your notice only you can make that decision. However I would suggest that if you do this you try and get an agreement as to what they will say, if asked for a referece by any future employer, as to why you left the company.
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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