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Help with pending disciplinary - back against the wall and don't know what to do

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  • Help with pending disciplinary - back against the wall and don't know what to do

    Hi there,

    I'm new on here and hoping for some sound advice at a really stressful time. It would be much appreciated. Sorry if it's long but it's a bit of a long story and hard to explain.

    I work in the NHS and have only been with my current employer for one year. I know this may sound random but I did something really, really stupid (I know now) but with absolutely no malicious intent. I'm a keen cyclist and have cycled to work every day for the last year. I live in an area that isn't close to public transport so my bike was my only real means of getting to and from work. Last month my bike was stolen from a place outside of work and I wasn't able to replace it outright due to the expense involved. I began enquiring about a scheme at work which enables us to buy new bikes and pay per month from our salary. I have emails that prove my interest in the scheme and that I was intending to do this. Meanwhile, I was looking around at other bikes on site whilst thinking about buying a new one...just out of general interest and to see what was around. I noticed there were lots of what looked like abandoned bikes on the grounds and in particular in the bike shed I used previously to park my own bike. I cycle a lot and thought I knew enough to know when a bike wasn't being used. I think you may have realised by now what's coming. I'd seen a particular bike in the shed that was unlocked, had no front brake pads at all, gears that were jammed, hardly any air in the tyres, was really dirty...all the things I'd seen before. I figured I could fix it up and effectively borrow it to get to work and back just for a short time until I sorted the new bike on the bike scheme.

    The thing is, on advice from colleagues I went to speak to security and asked what happened to abandoned bikes in the shed. There were about 7 or 8 that were in a state of disrepair so this bike was one of a number. I was told by a member of security that abandoned bikes had nothing to do with them, that they were not the trust's responsibility and that I would have to speak to the outside bike company about it as they were the ones who removed the disused ones. He said bikes in the trust shed were not actually the responsibility of the hospital. I tried to get the information for the bike company but couldn't get hold of them. They only came to the hospital once every couple of months to carry out services so I made the stupid decision of thinking by the time I got round to asking them I would have brought the disused bike back in a better condition and left it back in the shed for someone else to use. I didn't want the bike but I thought I could fix it to use temporarily. I took the bike out of the shed, dusted it off and gave it a bit of a ride round (in the grounds) to see what needed doing. I didn't think it was safe at all, the brakes were missing and it needed a lot of work so I decided to walk home with it.

    We have cameras everywhere on site...I know we have as I've worked there for the last year. I didn't believe I was doing anything terrible so I made absolutely no attempt to hide taking the bike. I didn't act in any way like I was attempting to steal anything; I just wasn't thinking that way. I was absolutely convinced nobody would care about it as it was in such a dishevelled state. I know it sounds mad but I kind of thought it would be a good thing to take care of the bike and recycle it for someone else to use.

    To cut a long story short, it turned out the bike belonged to someone...it was reported as missing to security, security stopped me whilst I was actually at work because they recognised me from the camera footage and now I'm being sent to a disciplinary for gross misconduct. Not by the person who owns the bike (who admits it's in a terrible condition) but by security themselves, who were the ones who told me int he first place when I asked, that they didn't have anything to do with the bikes in the bike shed...that it was not their responsibility.

    I was absolutely horrified when I was told the bike belonged to someone. I was apologetic, offered to bring the bike back the same evening, told security I was a member of staff, asked if I could speak to the owner etc...they said it was ok at the time, it had obviously been a misunderstanding and that I should bring the bike back the next morning, which I did first thing. The police were not involved, the owner of the bike has not been involved, I was never once accused of theft at the time and was allowed to go home that evening after being told not to worry.

    Three days later, I was taken into my boss's office and told I was being investigated for "unauthorised removal of a bike from trust premises". I admitted I took a bike and that I'd brought it back and tried to explain what had happened but they wouldn't listen. It is now at a stage where it's going to a disciplinary panel and I'm terrified. I've worked so hard to get where I am and I know it was a stupid, stupid thing to do but I would never, ever take a bike that I thought belonged to someone. I have been off sick with stress. It's taken five weeks so far and there still isn't a date for the hearing. My boss has told me he'll accept a resignation but if I do that I wont get a reference. I'm just too worried and stressed to face a hearing. I've admitted taking the bike but it was because I was misled by security themselves? I believe I was misinformed and misled and had I known it had anything to do with them or what the procedure was, I would never have taken it. Is this really gross misconduct given the circumstances? I know I should have been more thorough but I was so convinced it was abandoned that I stupidly thought nobody did care or would care about it.

    So now I'm in the awful position of - do I go to the disciplinary with this and hope I get a final warning or do I resign with immediate effect but without a reference? If I get dismissed, which is a possibility I'm starting to fear...isn't that going to be worse in the long term? I'm just not sure what a panel would make of this stupid mistake I made. I genuinely didn't mean to cause any harm and I had no intention of keeping the bike? I genuinely believed it was disused...it had been there for weeks with no attempts to fix the brakes; they were missing every time I'd seen it and it was this that led me to finally believe it was abandoned. I really regret what I did, I know it was stupid and a total lack of judgement but I just don't know if I should risk hoping a disciplinary panel would see it my way.

    Do I resign or let this go to a hearing? I'm worried they'll try to slap me with theft even though I didn't think it belonged to anyone. If I get dismissed I'll lose my license to practise as a health professional and my career. If I resign, I just won't get a reference. I've no idea how anyone on a panel would react to this misdemeanour. I have a completely clean record and otherwise doing really well in my position.

    Any advice on what to do would be so appreciated. I'm going mad with worry and have to make a decision in the next two days.

    Thanks...any advice would be so helpful. I've never been in this position before in my life.
    Tags: None

  • #2
    Re: Help with pending disciplinary - back against the wall and don't know what to do

    Hi Ultradj101,

    "......................and have only been with my current employer for one year."

    Only my opinion.

    Bad news first; since April 2012 you need 2 year's employment to qualify for full employment rights (ie 'Unfair Dismissal' claims)

    The better news is, from your post, you obviously lacked the mens rea, or the intention, to permanently deprive the owner of the bicycle, which would be necessary to prove if you had been accused of theft.
    Can you secure the owner's (belated) permission?
    Imho, I certainly wouldn't resign over this; your explanation is plausible, & can be spun to show that you had the employers best interests in mind.
    Also, I wouldn't blame Security - they're only doing their job, after all!
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Help with pending disciplinary - back against the wall and don't know what to do

      Hi Ultradj

      Poor you - how ridiculous (surreal) that a simple mistake has escalated so far.

      What a stupid waste of everyone's time and energy - talk about "jobsworths"! Your post describes very clearly how the misunderstanding arose and I can't see how any reasonable person wouldn't appreciate that - but we are talking echelons of power in the NHS so I suppose "reason" might not apply.

      Do you think the bike's owner would put in a word?

      I'm hoping those who know about employment law on here will give you a silver bullet to stop this immediately.

      In the meantime I would just keep telling the truth and hope that common sense prevails.

      Comment


      • #4
        Re: Help with pending disciplinary - back against the wall and don't know what to do

        Post crossed with Charity's much better one, silver bullet included! x

        Comment


        • #5
          Re: Help with pending disciplinary - back against the wall and don't know what to do

          Totally agree with both above, you have done everything to find owner and no intention of theft whatsoever, just be truthful and common sense has to be shown, good luck.

          Comment


          • #6
            Re: Help with pending disciplinary - back against the wall and don't know what to do

            Thank you so much for the advice. It's comforting to know there are other people out there who think the whole thing is stupid. I'm due to meet with my rep tomorrow but in all honesty, he's so far not been too helpful. Telling me it could go 50/50 either way between a final written warning and dismissal. I have no idea how it's got this far either. The girl got her bike back after 5 days, I offered to apologise and would have happily continued to fix her bike up for her if she'd wanted. I'm just scared as I have no idea who will be on the panel or what happens. I'm worried I'll be made an example of? Even more worrying, it was my own department manager who was the investigating officer and who allowed it to escalate to this stage? It's really upset me and messed up our working relationship to be honest. Does anyone know if it's plausible to get my rep to ask my boss if we can downgrade the charge from gross to one of misconduct before it goes to panel instead? I've said I'd accept a final written warning for my stupidity but I feel gross misconduct is disproportionate. An even bigger worry is should I get dismissed, I will automatically lose my HCPC license so I'll be unable to work as a health professional again.
            And yes, Charity I know I can't take them to a tribunal; that's what is pushing me towards leaving. It's just a horrible situation to be in. I've completely started to lose faith in the system as they've left me for six weeks now not knowing from one day to the next what is going on. Is it worth asking for the downgrade or just risking everything and going to the panel hoping for the best? Thanks in advance...the support helps.

            Comment


            • #7
              Re: Help with pending disciplinary - back against the wall and don't know what to do

              Miss FM...they wouldn't even let me speak to the girl who's bike it was? She works in the hospital canteen apparently but they said as it's a formal investigation now I'm not to go anywhere near her. I was also stopped from speaking to security to get a statement from the guy who had misinformed me in the first place?

              I'm not being funny but the bike may have been in a bike shed (that I have the code for) but it was unlocked, filthy and didn't have any brake pads? It was one of a few bikes that were like that. I'm not sure who rides a bike in that state? I tried it out and it wasn't safe. Apparently she says in her statement that she'd cycled it to work that day; she's also making out it wasn't in such a terrible condition but it was? How can not having gears that work and no brake pads be a bike that's cared for. I know that can be down to perception but I've been riding bikes for years and would never take something I thought was in a working condition. What's also becoming obvious is that we work completely different hours (she starts very early) and she parks her bike in the same place every day. So whenever I came in a couple of hours later, I'd always seen it in the same state and in the same place...it's pretty obvious I feel how I could have seen it as being disused isn't it? The stupid thing is, I was actually going to use it when it had been fixed to cycle to work but just for a short while? Also, why would I take a bike in full view of CCTV cameras, in broad daylight and in my own work place when had I wanted to "steal" it I have 24hr access to the bike shed and work nights? I'd have to be the worst thief in the world to do something so idiotic. Surely a panel would see this too?

              Comment


              • #8
                Re: Help with pending disciplinary - back against the wall and don't know what to do

                Charity? How do I spin this to make it look like I have the employers best interests at heart? What advice would you give me to go into the disciplinary with if I decide to go ahead with it? Thanks.

                Comment


                • #9
                  Re: Help with pending disciplinary - back against the wall and don't know what to do

                  Originally posted by Ultradj101 View Post
                  Charity? How do I spin this to make it look like I have the employers best interests at heart? What advice would you give me to go into the disciplinary with if I decide to go ahead with it? Thanks.
                  I don't mean 'spin' in a bad way.

                  You've obviously made an unwise decision, so apologise to all concerned, take any criticism on the chin, try to put it behind you & don't hold any grudges; life's too short!

                  That's what I would do, anyway.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: Help with pending disciplinary - back against the wall and don't know what to do

                    If you do decide to go ahead with it...sit down and write your version of events down..because you're bound to forget something important when feeling the pressure in the meeting and will have your 'notes' to refer to.

                    Comment

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