I've just received a summons to a disciplinary hearing.

[Helpreqd]

Hi folks....looking for some help.... below I've copied some details from a previous thread - thanks for your help Bluebottle...

I will have a disciplinary hearing in the new year. I work for a small firm in N Ireland (although I'm based in London) We don't have a Union, but I can't go to this on my own. I had an Investigatory Meeting today and it was more like a Police Interrogation than a work hearing.
Can you suggest someone who could help me at the next stage? After today, I know I can't do the next one alone... I know I'm going to be sacked and am struggling with this at the moment.



I was accused of speaking to a Competitor with a view to working for them .... I'm not and never have done. When I was put on gardening leave 2 weeks ago, they accessed all my email and phone records and obviously I know they came up with no evidence.


i've been with the firm over 6 years, totally clean disciplinary record, consistently top performer (I'm a salesman)


However, a new Sales Director started 3 months ago and has started bringing in his own people (use to work for Orange and now employing their redundant staff)


his first day in work, he offered me a severance (which he admitted today) This was 10 minutes after I had handed in a sick note for work related stress to the Office Manager. I was off for 2 weeks but am still on anti depressants. However, returned to work, and still by far the best performing sales person.




To my detriment, I am a difficult individual and have had 1 or 2 run ins over the 6 years... but never to the stage where a note has been placed on my record. This guy wants his own people in place - people he can manage ie younger and less experienced.


i accept that.... But not the way it's being done.

They did throw in some other allegations:
1) my call and email traffic were not heavy enough (discovered whilst trying to find some evidence to support the original allegation. The only KPI I have been given is a sales target - at time of my suspension, my sales figures were double anyone else's.
2) on day of my suspension - I continued to travel to Cornwall - despite being told not to... I didn't - I went back to London and met a friend who is an HR Director to ask for her advice.
3) over the last 3 months I have continued to be problematic to my Managers, Colleagues and the Business in General. I haven't, asked for some examples and he refused.

I received the invite to the Disciplinary this morning at 730.... No supporting documents, no specific charge apart from "serious breach of trust and confidence"

I'm sorry for the length of this... But these guys have got me at my wits end. The icing on the cake is the product the Company sells is suppose to help in the management of work place stress!!

Any help appreciated

[enquirer]

Re: I've just received a summons to a disciplinary hearing.

When I was put on gardening leave 2 weeks ago, they accessed all my email and phone records and obviously I know they came up with no evidence.

No evidence.

i've been with the firm over 6 years, totally clean disciplinary record, consistently top performer (I'm a salesman)

Thus, any allegations are entirely new and must be fully substantiated.

his first day in work, he offered me a severance (which he admitted today).

Is it a good deal?

To my detriment, I am a difficult individual and have had 1 or 2 run ins over the 6 years... but never to the stage where a note has been placed on my record.

No record - No evidence.

They did throw in some other allegations:

So, they are making it up as they go along. This will look very bad later on - Tribunals and Courts take a very dim view of new material being introduced as soon as something is refuted. Either they have a case or they don't.

1) my call and email traffic were not heavy enough (discovered whilst trying to find some evidence to support the original allegation. The only KPI I have been given is a sales target - at time of my suspension, my sales figures were double anyone else's.

Are there formal, documented targets for this? Even if there are, and you fail to meet them, the fact that you are consistently the top salesman makes their claim look ridiculous.

2) on day of my suspension - I continued to travel to Cornwall - despite being told not to... I didn't - I went back to London and met a friend who is an HR Director to ask for her advice.

What is the significance of Cornwall? Private or business related? Do they think that they have a right to control your movements in your own time?

3) 'over the last 3 months I have continued to be problematic to my Managers, Colleagues and the Business in General'. I haven't, asked for some examples and he refused.

Not only no evidence, but an outright refusal to supply it.

I received the invite to the Disciplinary this morning at 730.... No supporting documents, no specific charge apart from "serious breach of trust and confidence"

No evidence and refusing to allow time for defence.

I'm sorry for the length of this... But these guys have got me at my wits end.

This the idea - they want to break you down.

It is obvious that you cannot continue to work there. The trick now is to stop them railroading you out the door with a bad record and no money. Get all the allegations, your requests, their refusals, etcetera, in writing. Then go on the offensive.

Once they grasp that you are not only not a pushover, but that they are in deep trouble themselves, they will become more amenable (the fact that they are now mentioning severance indicates that they are already nervous). At that point you indicate that you are prepared to discuss a deal - you leave with your record intact and a good payoff.

[Helpreqd]

Re: I've just received a summons to a disciplinary hearing.

Hi Enquirer

thanks for taking the time for such a complete and comprehensive response.

At the time, I turned the offer the offer of a severance immediately - I wasn't interested. I had also just handed in a sick note for 2 weeks for stress and depression (still on the medication)

Whilst off, this obviously played on my mind and I did ask what sort of deal he was offering when I returned (figured that if the Company wanted me out, I'd be better to get something out of it) I was offered 3 months and I would have to sign a non compete clause. I thought this was garbage, turned it down, and got stuck into work (over the last 2 months I have closed more Business than the rest of the Sales Team have in the entire year)

There are no KPI's for email and phone traffic (at least none that I've been given) and I did argue yesterday that the one KPI I do have is a sales target...
I do have family and friends down in Cornwall and did consider carrying on down there for a couple of days, but thought better of it and returned to London. As I said, I met a friend and my underground card would also prove I was in London anyway. Why they think it is of any relevance is a mystery (unless they thought I contacted clients, which I am prohibited from doing.

Since all this, I have again been offered a severance of approx 18k - which I turned down yesterday afternoon. This sounds like a decent amount, but in reality is approx what I'm owed in back commission and bonuses - but wrapped up to look like 3 months salary.

This was maybe a bit rash, but the injustice of all this is driving me crazy. Even if I accepted an offer with a clean reference, it will not be easy to walk into another job now that I am suffering from Depression.

i know I need to walk at some stage but it's just not that easy

[Helpreqd]

Re: I've just received a summons to a disciplinary hearing.

Sorry... a couple of quick questions

1) Can I get a lawyer to deal with all this for me? There's a air chance they're trying to push me until I break and say or write something which would be to my detriment

2) are they allowed to access my email records? We do have an email policy, but it doesn't cover monitoring of emails for performance related issues (only mentions compliance with company standards)
i was reading an article on the Regulation of Investigatory Powers Act 2000 which says that both parties (sender and receiver) of an email should give their permission first.

i was originally on gardening leave, but as of this morning am suspended... don't know if that would make a difference?

[bluebottle]

Re: I've just received a summons to a disciplinary hearing.

If they have accessed your work emails, that is, your email account on their server, that is permissible, so long as they comply with the Data Protection Act 1998. If, on the other hand, they have been accessing or attempting to remotely access any private email account you have, say, Outlook, GMail, YahooMail, without your consent and knowledge, that is totally illegal. As of 6 April 2010, the Information Commissioner's Office (ICO) has the power to impose a Civil Monetary Penalty (CMP) of up to Ł500,000 on data controllers who breach data protection law.

You certainly need the assistance of a legal professional in this matter as they will be able to advise you of what your options are and if your current employer is committing any serious breaches of the law. The fact you are suffering work-related stress as a result of their bullying and harassment and the number of occasions it has occurred means that they are now in danger of the civil remedy provisions under the Protection from Harassment Act 1997 being used against them. If it starts to seriously affect your health, an ex parte (without notice) injunction may be necessary. Bear in mind the Court of Appeal ruling in the case of Majrowski -v- Guys and St Thomas's NHS Trust [2005].

I'm attaching a copy of the PHA to this post for your information. I'm also attaching a copy of Court Form PF39CH which is the form used to obtain an injunction. This is for information only. If you have to seek an injunction, it is best to let a legal professional deal with this. The court fee for obtaining a prohibitory injunction is currently Ł175. If you are on a limited income, you may be entitled to remission of the court fees.

[enquirer]

Re: I've just received a summons to a disciplinary hearing.

Since all this, I have again been offered a severance of approx 18k - which I turned down yesterday afternoon. This sounds like a decent amount, but in reality is approx what I'm owed in back commission and bonuses - but wrapped up to look like 3 months salary.

Crunch the numbers and lay it all out. Can you prove that this money is owing? How long has it been owing? If it's been owing for some time, the prospect of being sued for it might give them food for thought.

i know I need to walk at some stage but it's just not that easy

The time is soon, but only over their broken bodies. In the meantime, as Bluebottle suggests, get some professional advice.

[bluebottle]

Re: I've just received a summons to a disciplinary hearing.

Excellent advice from Enquirer. If you need to find a legal professional in your local area who deals with employment matters, go to the Law Society website and use the search engine there. http://www.lawsociety.org.uk Click on the "Find A Solicitor" link.

[Helpreqd]

Re: I've just received a summons to a disciplinary hearing.

Thanks again for the good advice.

i can prove most of what is owing to me - but not all. However access to the internal databases will do that. I have served notice on them that I require data disclosure (written by an HR friend) which was when they quickly came up with their initial offer.

i'm fairly sure that the disclosure will prove that their intentions were not honourable and due process not followed. Problem is Dec - Mar is always when I earn money... build up a pipeline between Apr and now and then reap the rewards. Thankfully I did get paid today which included 4k of bonus - which I would have earned every month for the next 4. I'll never see that.... It'll go to his cronies and him instead!

[bluebottle]

Re: I've just received a summons to a disciplinary hearing.

My gut-feeling is that this Sales Director's time with your current employer may be shorter than he believes. If as a result of the manner in which he is currently treating you it results in the company suffering an order against it for substantial damages, costs and loss of reputation, it could he and not you who is heading for the Jobcentre.

[Helpreqd]

Re: I've just received a summons to a disciplinary hearing.

I think the best scenario I can hope for is that I bump into him there

[bluebottle]

Re: I've just received a summons to a disciplinary hearing.

Think positively. Who knows, you may replace him.