Help for disciplinary meeting

[Jprice95]

Hello, unfortantly i have a disciplionary meeting next tuesday 27th but i feel unprepared, scared and pressured about what outcome it might turn out to be

I have been accused of potential gross misconduct for leaving during work at 4pm for optician appointment and not having arranged cover despite me booking it 3 weeks ago and making everyone aware if they could cover but no one not even management volunteered to help cover my shift. I decided i go on my break for 30 minutes believing it was ok and shouldnt take too long but unfortantly got back an hour later and my boss turned up at 4:35, found out and called me how bad the situation was for leaving without management permission and mistakenly not clocking in/out. I was deeply shocked and regretted going had i known as i was not fully aware how bad consequences would be.

Now that im on suspension and got final displionary meeting meeting next tuesday. I have been feeling really stressful past few days from what the outcome would be. I have worked for the company for 4 years and is my first offence ive done working in stationary retail shop.

I could not get trade union reps to support me as i needed long term membership and not sure if any of my work colleagues are willing to cover. Just dreading to go myself if theres no one can accompany me but have a feeling i will get intimidated when it will be myself against notetaker, manager and possibly someone from HR.

Any tips and preparations for the last meeting would be much appreciated and ever thankful.

- Jamie

[MIKE770]

if you reported that you had appointment then point out they failed to respond (HR new you state but failed to take action either way? you state aware of consequences) (Failed to get new appointment? ,., ) then fault on both sides to an extent. me I would go and just sit there and see outcome, action after depends on length of service and (Union not interested ??) , also look for another job as after such events never the same (trusting either side), ULA

[echat11]

Firstly try not to worry.

Retail is a bit like the 'Wild, wild west'. The fact you couldn't get anyone t cover says it all. You need to see if a colleague or Union rep will accompany you, to take notes etc. Forget the Union Reps you deal with locally, contact the Union's Head Office. Tell them you require representation at the meeting, 'the 4 years stuff is nonsense'. Phone the Union and email them to. Explain everything that happened, i.e. asked all your colleagues to cover.

Explain that it's a Health & Safety matter, (I take it the place you work at has Display Screen Equipment), you can tell them the eye test was necessary and the company should have accommodated your request to attend the eye appointment. You can refer them to the following webpage -

https://www.hse.gov.uk/msd/dse/eye-tests.htm

It might be an idea to write stuff that you want to say, make your case. List all the achievements etc, all the stuff you learnt, etc, try to view it as a 'interview' rather then a disciplinary.

I'm sure ULA has further suggestions.

[Jprice95]

Yes I would agree does seem like an impasse this situation, all i can hope for is just to apoligize for the misunderstanding, show my evidence of opticians and see how it goes from there.

I would think getting new job would be fresh start for me even if i get final warning not sure if i feel the same anymore

[ULA]

Firstly have you asked any colleagues whether they would be willing to accompany you, if you have not and you have someone you could ask then do that, even if they do not say anything or maybe just take notes it would be helpful moral support.

In terms of preparing do you have emails or anything in writing in regard to your request to take the time off for the appointment. If so then you need to take them to the meeting, if not and it was verbal then write down the names of people you told/asked to cover and when i.e. date and time if you can remember.

You may need to consider or have an answer to the question that may be asked such as:

1. If you knew you did not have cover why did you go to the appointment?
2. Could the appointment not have been made for the day you were not working?

Ask the people present to take account of the fact you have worked with the company for 4 years and have had no previous disciplinary record.

Hope this helps but if you have any more questions to help you prepare then plesae come back to this thread.

[Jprice95]

Many thanks that is good sound advice. Going to call up a colleague tomorrow and hopefully ask if one of them could be my rep. I am still on suspension but i think its expectional reason to speak to a colleague if its a request for the meeting as it will be daunting going by myself. I will provide evidence such as opticians appointment, bus ticket as proof i was there and explain how sorry i was if i only known the consequences but all i can hope for is try my best.

Will update further

[Jprice95]

Good news is i have got work colleage to represent me such as taking notes and having company. Strangely enough today i also got an email from other manager saying about staff are at risk of redudancy including me and the company has to shorten the hours up to 30 which was unexpected.

Just hoping the last displionary meeting goes well as i just wana get it out the way now

[echat11]

I wonder if your 'opticians appointment', the disciplinary hearing, is tied to the redundancy talk.

Good luck for the hearing.

[ULA]

Glad to hear that you have someone coming to support you.

If there is a redundancy situation then that should be dealt with as a separate consultation process.

Hope it all goes well tomorrow and come back and let us know how it goes.

[Jprice95]

Hello guys again, unfortantly i did get dismissed today as the manager regarded it as gross misconduct for leaving store without permission.

They said key points you raised in the hearing is:
- You would be gone for 30 minutes which you belived was your break
- That you had no intention to breach gross misconduct
- Documented evidences given during meeting 1-4
- Previous investigation notes

“I do not feel you uave provided me with a satisfactory explantion for your actions and I have made the decision to invoke the next stage of the company’s disciplinary procedure and dismiss you for gross misconduct”

Im now just stuck and puzzled what my next step afterwards should be such as if i should make an appeal or company did have the rights to do that?

I am very upset as personally myself i do not feel it is not gross misconduct as that ususally refers to thefts, bullying, alcohol/drug usage and that. The truth was I did let all colleagues know i had an opticians that date even management and no one volunteered to help.

I admit fought it be ok to leave during my break to quickly go and come back without being noticed for short period than my manager turned up even though he did not mentioned about coming to store that time and wish there was more staff to cover so that i wouldnt be in that situtation in first place

[ULA]

Sorry to hear that you have been dismissed.

When the outcome of the disciplinary is confirmed to you in writing then you should be given the right to appeal the decision.

If you feel that the severity of the disciplinary action taken is not proportionate to what happened then that could be a reason for making an appeal.

Just as a thought is there a company policy in place regarding appointments and having to find cover for them if they are when you are working. If not is it accepted that you need to find your own cover or is it down to management to find cover once you notify them?

[Jprice95]

I may have to make an appeal to say management failed to cover my shift despite telling them i had an opticians appointment and my pay possibly.

Apparantly the manager said i failed to listen to instructions about leaving the building unless i have cover. Just want to move onto new job now as ive grown sick and tired of there lack of care.

Also he mentioned end of the meeting that any holiday days is paid at £1 for any that is untaken in august in september due to gross misconduct which i was shocked to hear. Is that true legislation or shall i make an unfair complaint about that?

[Bingbongsong]

Your holiday pay must be paid at no less than the National Minimum Wage for your age. Even if there is a clause in your contract stating otherwise, I believe holiday pay can only be withheld in respect of holiday which exceeds the statutory minimum (four weeks).

Your employer is not obliged to find cover for you for an opticians appointment. I think a more successful appeal would be based on your employer not meeting the requirement for Gross Misconduct when dismissing you. The definition for Gross Misconduct is a wilful and deliberate act by an employee done with the intention of causing harm to themselves, others or the business. Obvious examples would be theft, fighting, turning up drunk and deliberately breaching health and safety.

For me, in my own business, your actions would result in a warning, or a final written warning, but they would not meet the threshold of Gross Misconduct. However, I'm sure there will be someone here better qualified to help you.

[Jprice95]

Thank you very much that is very good sound advice. I will appeal about saying the employer not meeting the requirements for gross misconduct.

During meeting they made silly accusations such as risk to lone staff member such as what if there had been a bomb in the building and bombsquad could not find you putting them at risk, being awol and deliberate falsfication of records such as not clocking in/out when leaving building.

I will have to check my payslip to ensure it is done correctly and not £1 as that does sound very unprofessional and ludicrous.

To be honest the company was kind of falling apart anyway as there has been redudancys notices recently to staff probably cause of it being stationary store. I feel like change of career would be fresh start and learn from my mistake.

[Jprice95]

Im starting to get panicky and stressed now as ive got no income for any bills that will come next month.

Apparantly with jsa having misconduct i have to wait 13 week sanction.

Any advice/guide on what other benefits to help me out as i do not wish to be in debt. Have been applying for numerous jobs but havent had any response back yet