Royal mess

[jamiemc]

Hi there just wondering if anyone out there can help with some advice?
I have been a postman since 2002 but have been suspended from duty because of an unauthorized absence during the Christmas period .I had gone to my manager on 16th at just after 5pm for help in changing my day off from Friday the 27th to Tuesday 24th December and he agreed in principle to help to do this with me so I could travel to France on the overnight ferry on the 23rd to support my family as my wife's father was in the latter stages of stomach cancer and was in pieces at the time so we booked the ferry that evening .In the lead up to Christmas eve I didn't get the chance to swap my day with the persons the manager suggested as the stresses of work and home grew to much for me to handle and so it ended up with my manager covering the duty with one of these people. But to put the icing on the cake ,my wife and I got an email from the ferry company on the 22nd informing us that the ferry for the23rd had been cancelled and our tickets had been forwarded to the night of 22nd the Sunday and we had until 16.30pm to confirm our tickets or get them refunded I contacted my boss to see what if anything could be done and spent the afternoon chasing round and trying to get someone to work for me but with no success. I felt I really needed to support my wife at this time and texted my manager the reason for my decision and left for France he texted me telling me he couldn't authorize this, and now after a fact finding interview and many delays he has referred it up to his manager and I am now facing a charge of gross misconduct over an unauthorized absence for both the 23rd and24th of December . During the early part of this year I had a grievance with this manager which escalated to a 2nd stage and was never resolved do I have any hope !!!???

[CleverClogs]

Re: Royal mess

do I have any hope !!!???

Probably not, as your employers are the Royal Mail which seems to be full of managers who are wannabe emperors.

Are you mentioned in your father-in-law's will?

[des8]

Re: Royal mess

Hi & welcome
The Conduct Code agreed between Royal Mail and CWU doesn't address the matter of "unauthorised absence",
and doesn't include it in its examples of what constitutes "Gross misconduct"

ACAS' (http://www.acas.org.uk/index.aspx?articleid=924) has this to say:
What is the difference between misconduct and gross misconduct?Misconduct - conduct which initially required disciplinary action other than dismissal (although if further misconduct takes place, it may lead to dismissal). This can include persistent lateness, unauthorised absence and failure to meet known work standards.
Gross misconduct -conduct which may lead to dismissal without notice - summary dismissal. This can include working dangerously, stealing or fighting. But much will depend on the circumstances of each offence and whether summary dismissal would be reasonable in such circumstances.

The Conduct Code referred to above also states
4.4.... Employees have the right to have ... any extenuating circumstances fully taken into account.

Has the process in Section 6 of the Code been followed properly? in particular you should be informed in writing of the details of the allegation and if dismissal is being considered.

You can also be accompanied by your union rep or a colleague, who can speak on your behalf.

One of our employment specialists will probably be along soon

[enquirer]

Re: Royal mess

(1) Extentuating circumstances, and (2) you went to consderable lengths to try and resolve the situation. However, as you don't have a paper trail to prove this, it would be wise to try and trap them into admitting these points in writing.

A good union representative (a full time official would be best), should be able to deal with this. It is, as CleverClogs observes, another case of an obnoxious twerp trying to make a name for themselves.

[wales01man]

Re: Royal mess

It may ne against the rules but wheres the common sense and compassion from the moronic managers

[jamiemc]

Re: Royal mess

Thanks and don't I know it
I was reading about some case or other yesterday where it was a conflict of interests when a manager hosts a disciplinary meeting I guess that's why in their first letter to me they put in the fact that it wasn't a disciplinary matter....!!!!
But at the same time do you know if a manager who has had a 2nd stage grievance(currently unresolved..)against him by myself would be within his legal right to hold a fact finding meeting with that person knowing that it would lead to a charge of gross misconduct...???

[jamiemc]

Re: Royal mess

Yes, procedure has been followed correctly, and they have stated that dismissal could be a possibility if found guilty .
But good point about extenuating circumstances as this manager has avoided even mentioning them throughout this whole process.

[CleverClogs]

Re: Royal mess

It would seem that the mismanger has already made up his "mind".

Right, comrades!

Everyone out! :grin:

[enquirer]

Re: Royal mess

But at the same time do you know if a manager who has had a 2nd stage grievance(currently unresolved..) against him by myself would be within his legal right to hold a fact finding meeting with that person knowing that it would lead to a charge of gross misconduct...???

... [extenuating circumstances] as this manager has avoided even mentioning them throughout this whole process.

Make casual references to both of these points in your correspondence.

Always write on the assumption that a judge (or in this case, an employment tribunal), that knows nothing will be reading it later.