I need advise to help me prepare for a Disciplinary Hearing

[Noye]

My managers showed up at my work unannounced at about 2am during my waking night shift. Before that came, I had done most of my 'daily task' when I was completing the Hanover sheet I mistakenly ticked that I have handed over to the morning staff and I have given the Service Users personal care and meds in the morning. When I realise this had happened I quickly went to the toilet to come back to correct the error or complete another form as I still have till 8 am to finished my shif. It was then the managers worked in and saw the form on the table. When they asked my why I ticked that I had handed over to morning staff when it not morning yet. I explained that It was mistake and I was coming back to put things right when they worked in. She was very furious and said she will take it up with me. The next day I came to work to be told that I had been suspended.I took a copy of this form as my proof. During the investigation meeting, I presented the copy of the completed form to the investigating office what had happened. Then she asked why I took the form out of the building? She said I have committed breach of confidentiality. I have been called to attend disciplinary hearing for falsification of document and breach of confidentiality.I need help. I have no ideal how to defend this. Please help, anyone.

[ULA]

Sorry not to respond sooner and hopefully there is time to help you with your disciplinary meeting. I just have a few questions to ask:

What documentary evidence have they provided with the letter asking you to attend the disciplinary meeting?
Is there any policy that the company has in regard to taking company information off site?
Did the completed form have any personal sensitive data e.g. service users name and details of their medication?
Did you finish your shift that evening and if so did you complete a new form?

[Noye]

Thank you very much for your reply. So sorry for the late reply, I was almost giving up due to no response and the meeting is on Friday.
The evidence they provided are:

The checklist I completed which had been tampered with as the other staff were allowed to record their shift check after mine as the list has 7days columns.

The copy of the completed checklist in question I took the night I was suspended to ensure no one tampered with it further, which I submitted to them at investigation meeting. This was added by the investigating officer as another allegation.

The statement from the area manager dated the 1st July 2019 and the incident took place on the 11 June 2019.

The incident report from my manager dated the 12 June 2019 and I was suspended on the 11th June 2019.

I am not sure about what the policy says reading taking document hime; as I have not read them again for years now.

The document did not have any details of the service users or their medication. The they were identified by initials. For example: DO, SE or RM.

I did not complete another for because I was not sure I will not be accused of further forgery.

I finished my shift that morning and completed all the task and duty and handed over to the next shift staff.

thank you very very much for your response.

[ULA]

You need to go through the area manager's report and the incident report and if there are any points you disagree with then you need to state them and then detail the reasons why you disagree.

You again need to state that you completed that part of the form in error, realised what you had done and had every intention of rectifying the form but that you needed a bathroom break before you did that and seeing you still had plenty of time left in your shift you did not think it would be an issue.

You need to read the policies again to see what if anything is in there about taking company documentation off site and argue that point based on what you find out. However you also need to make the point that due to the reaction of you manager at the time you felt that in order to have your own proof in regard to the form you took a copy for your own personal records in case there was an issue at a later date. You were not trying to hide the fact that you had taken a copy since you presented it voluntarily at the investigation meeting.

One question i would suggest would be worth asking is why it has taken nearly 4 months for them to come to a decision to conduct a disciplinary meeting, given that the ACAS Code of Practice on Disciplinary and Grievance states that employers should deal with issues promptly and not unreasonably delay meetings, decisions and confirmation of decisions. Even if they carried out an investigation 4 months to come to this point is not dealing with issues promptly. Just a point that can be made.

Make sure that prepare your points for your defence and if there is anything that is not clear in what has been provided from the company do not be afraid to ask for an explanation. Carefully prepared notes now will really help and keep you focused at the meeting.

Have you been given the right to be accompanied? If you are taking a colleague/union rep then make sure they you have spent some time with them before to go through your notes and also that they are prepared for taking notes at the meeting.

Hope that helps

[Noye]

Thank you so so much. This helps a lot. I shall prepare my response. Will surely let you know how it goes on Friday if you don't mind. Thank you once again.

[ULA]

Good luck for Friday and yes please let us know how it goes. If you need anything else in the meantime then just post back here.

[Noye]

Good Evening,
I have attended the disciplinary meeting last Friday. The manager who chair the meeting was insisting that I forged the task checklist; she said I signed that I have done the the task before they were carried out. But she couldn't answer when I asked her what will be my intention for forging the checklist and what will I get from forging it. But after the meeting, she put wrong date on more than 7 documents and signed them all with wrong date on all the documents.

I have copies of the documents she signed. Also, still waiting for the result of the disciplinary. Hopefully, realising her mistake on those documents will make her understand that people make mistakes. I am very grateful for your help. Will let you know what the outcome is.

[ULA]

Thanks for the update on how the disciplinary meeting went. Please do let us know when you hear the outcome.

[Noye]

Will do. Thank you very much

[Noye]

Good morning,* I did not here anything from my employer until the end of this January when I queried why I was not paid my wages in January as they did not pay me. The response I got from them was a copy of a dismisal letter dated November 2019; attached to an email to me. This letter was not sent to me. They claimed they did. The tracking they sent me shows the letter was marked return to sender as they are unable to access the building. So, I am suspecting they sent it to my previous address even though I officially notified them of my change of* address on the 4th* September 19. They finally agreed to pay me till January 2020 after they were told the need to pay untill the day I received the notification. But the held into my payments including annual leave owed to me in 2019, claiming they over paid me in August September and October 2019. Even though I sent them series of emails telling them they are overpaying me and it is affecting my benefit as the HMRC and the council are asking me to pay back some money as they have over paid me due to the increase in my salary, I was not entitle to the payment I received from they unless I get a letter from my employer proving I was they mistakenly over paid me, How much and the amount they will be taken back. I was totally ignored by my employer. I wrote another email warning them I will no longer pay the money back of they don't correspond by the 6th of November 2019 as after that day, I will have to make payment to the council and I can not get the money back. Still my employer did not do anything about it. Now, they have left me in serious hardship by withholding my wages and final payment with out any notice to prepare me if they have to. I am unable to pay my bills and I have 4 children to support.Is this really lawful? Please help...

[Noye]

While I was considering appealing the dismissal, I tried my luck requested that I need a copy of my employment contract as I was never given any, not even sure they have any in place.**I was shocked they sent me one which I did not sign as I was not aware there was one in place.* I was horrified to see in the employment contract, employee are entitle to 30 minutes unpaid break which I have never been allowed to take. I worked alone and no provision was made for someone to take over if I am to go on break. Although, I would have made them enforce it if I was inform I am allowed 30 minutes unpaid break. For the 10 years I have worked for the company, I have never taken any break during shift. Even when I works straight 15 hours shift. I thought we don't* take break since our job allowed us to sit. I was never presented that part of the contract. They only sent an aghreement stating their policy and letter stating the hours of my contract. Please is this legal as well? Please what do I do.