URGENT HELP NEEDED: pending disciplinary (but not employed by them anymore?)

[scapegoat101]

Hello

This is my first time posting in this forum (recommended by my Mum) and I would honestly appreciate any advice at all.

I'm worried about disclosing too many details in case my employer find this, so please bear with me.

For the past 8 months I worked a second job in the care sector - working on the phones/in the office. No actual caring involved. I've recently been invited to investigation regarding a phone call I was involved in and was told before hand it was purely fact-finding and my investigation invite letter states "this does not form part of the disciplinary process". I was advised by a team leader not to worry and that they basically only needed me to set the record straight for another 2 people involved, as their stories conflicted.

When I actually got into the meeting, it was a totally different story. I felt completely blindsided. I was told there was evidence against me that I was to blame, but the evidence was never provided to me to see. I was asked questions, but never allowed to apply crucial context to my answers and told "we don't need to know that". I was never given a copy of any of the minutes taken from that meeting.

Due to the fact that I was over-worked, fed-up and had been trying to hand back shifts/change my availability for months and being told no (despite it being a zero hour contract), I decided to hand my 1 week's notice in that evening via email, on a Friday evening. I wasn't due to work any shifts between that time.

Low and behold, I received a signed-for letter inviting me to a disciplinary meeting on the Wednesday after. The letter was dated the same day as the investigation, but Royal Mail tracked proves it wasn't sent in the post until the day after I submitted my resignation - the Saturday. The letter was inviting me to attend the following morning, giving me less than 24 hours notice. I rang my line manager (not involved in any of it and unaware of most of it) who confirmed she'd accepted my resignation with immediate affect that day - which was the first day she got back from annual leave. I then rang the manager in charge of the disciplinary who said she was unaware I'd resigned, and would get back to me.

Days pass, I hear nothing. Today now I've received a second invite to disciplinary. This letter is dated 3rd September - after my resignation was accepted, and again giving me less than 48 hours notice to attend a meeting when they know I have another main job. I rang the manager again (admittedly a bit upset) and they said "because it's concerning a safeguarding issue, we have to continue this process and we may need to inform your employers and you might not be allowed to work in care again".

Important details:

- None of the letters I received actually specifically states what code or company policy I've allegedly breached
- None of them mention there has been any safeguarding concerns raised - until today I had no idea what that meant!
- None of the disciplinary invite letters detail the potential outcomes I could be faced with
- The letters ask me to write a written statement and send it to them in advance of the meeting
- The manager hosting the meeting told me on the phone today they need to "tell me the outcome" and admitted they already had a predetermined outcome
- Their disciplinary procedures process has never been shared with me, and still hasn't, so I don't know if they're following their own processes
- Until the day of my investigation I'd never even seen a copy of my contract before, and when it was given to me, this was proven by the fact it was never signed by me
- I've never actually received any formal training for the role

I really feel like this hasn't been investigated properly and I'm being made the scapegoat for a much wider issue.

I'm not part of a Trade Union and I doubt I can afford legal aid. I've been reading online about safeguarding and apparently what the manager was referring to is them basically referring me to be added to the DBS barring list?! :'(

Sorry I'm a mess a the moment - please someone help! Any advice on what I can do / what rights I have/ to do next would be appreciated.

[MIKE770]

ULA may be able to advise.

[echat11]

You could start the formal grievance process, your treatment from the time that you were 'invited to a investigation' has been disgraceful. Your employee handbook will have details regarding the grievance process.

I'd wait for ULA to advise.

[ULA]

I appreciate that this is all very stressful for you however, before I can provide any suggestions as to what you should do please can you confirm the following:

1. What was the date that you handed in your notice?
2. What was the date your manager accepted your resignation?
3. You say that she accepted your resignation with immediate can you clarify whether that is meaning she accepted you had resigned from the Friday and that you had given a week's notice albeit you were not rostered to work during that week and your termination date was the following Thurs? Or she accepted your termination date was the date she "opened" your resignation letter having returned from holiday?

[scapegoat101]

Hi there

I handed my notice in via email on Friday 27th August, originally giving 1 week’s notice. This was the same date as my investigation.

I worked the weekend (28th & 29th), but I wasn’t due another shift until Saturday 4th September.

My manager was on holiday for the bank holiday and didn’t return to work until Wednesday 1st September.

It was that day she told me that if I sent a new email, asking to resign earlier than my 1 week’s notice then she would accept it - which is what I did. So my employment ended on 1st September, rather than waiting the rest of the week.

I hope this makes sense!

[ULA]

When have they set the meeting for given the letter was dated 3 September?

Your employment is now terminated and you are no longer an employee of the company and no disciplinary sanctions can be imposed on an ex-employee.

Outside of any disciplinary process, how concerned are you about the as yet unsubstantiated safeguarding issue, my thoughs being would you be prepared to discuss this with them in order to try and "clear this up" .

I am now going off-line but will be around tomorrow to review any response you make to this post.

[scapegoat101]

Hi, I'm sorry for the delayed response. A lot has happened again during this time.

To answer your question, the second letter dated 3rd September invited me to rescheduled the disciplinary on Friday 10th September at 9am - this morning. I received the letter a little after 11am the morning of 8th September as it had been sent by 1st class postage using a stamp, and not signed-for like the first letter.

Update as to what's happened since:

I took a holiday day yesterday to try and seek out some legal advice. I spoke with an employment law advisor from EAP and I also spoke with Citizen's Advice and both advised me to raise a formal grievance.

Upon this advice I emailed a complaint to the company (with the help of a HR colleague and friend from my main job) and sent it to them. I received an email from the RI stating my grievance had been acknowledged and asking when I would like to set up a meeting. I didn't respond immediately.

Citizen's Advice also mentioned it might be in my best interest to attend the disciplinary so that I could fully understand the allegations against me, in case anything went any further. When I was contemplating this, I reached out to an ex-colleague and asked them if they wouldn't mind potentially coming to the meeting with me if I was able to get time off at my other job. They told me they'd check first and then rang me from the office to tell me that they had been informed my disciplinary hearing had been "shut down". When I asked what this meant they said they didn't know and advised and advised me to ring the hearing manager.

When I rang and spoke to the hearing manager they informed me that they had taken the decision to close the disciplinary with no actions, due to the email the company received from myself (raising a complaint about the way everything had been handled) and because I had previously told her in a phone call that same day that I was unable to attend the meeting on such short notice. They then told me that they had closed the disciplinary case from their side as they were unable to "provide an outcome" to me in my absence. They confirmed that a disciplinary meeting would not be held in my absence.

I asked then if this meant that the entire disciplinary process against me had ceased, and they confirmed that it had, but that it was still with "Safeguarding".
I asked them what this meant, and they provided a simple brief to me what Safeguarding was - which admittedly I still don't fully understand - and provided a brief explanation as to why they might be involved in an investigation process within the Care sector.

They then confirmed that the investigation at hand was still with Safeguarding, but that this was not in relation to me, and that it was in relation to the company and its policies.

I emailed this conversation (in so many words) to the RI in response to the grievance email and asked her to provide written confirmation I was no longer being pursed by the company and that everything I had been told was correct.

I specifically asked if it was correct that the Safeguarding concern lies with the company and no action would be taken against me personally regarding Safeguarding.

In the RI's emailed response, they stated:

"I am unable to answer this question at this point. The safeguarding remains open until a further statutory meeting is arranged by the safeguarding team"

???????

I am now at an absolute loss. I have no idea what on earth they're talking about. At no point in time has a definition or explanation of the full procedures that involve Safeguarding - or the company's formal disciplinary process for that matter - been provided to me, and as far as I'm aware now, there's some random body - of which I don't even know the name of - is investigating me for something I have no chance to argue my case and haven't seen evidence of??

Does anyone know what is going on here or what I can do? I'm honestly so unbelievably confused.

[ULA]

I do not know the specifics of how safeguarding issues are handled in the care sector so cannot advise on what that process my be.

You may just want to go back to the RI and ask them to explain what the procedure is and in what timescales you are likley to hear what the outcome is.

[echat11]

I would keep the Formal Grievance you sent 'alive', don't agree to close it down, don't let them try to close it down. Only close it down when you are satisfied that you know exactly what is going on, especially with the 'Safeguarding Issue' and what they think your relevance to it is. You need to know exactly where you stand with all this, at the moment 'it is clear as mud'.

'They then confirmed that the investigation at hand was still with Safeguarding, but that this was not in relation to me, and that it was in relation to the company and its policies.'