potential gross misconduct charge due to opinion/perception

[ac1969]

Hello any advice on the following would be amazing, I'll try and make it brief.

1) A few weeks ago I was inivted to an investigation meeting as I am a driver and I had left the tail lift down on the lorry and started to drive it away but didnt leave the companies ground.
2) This was the first incident in 9 years - completely clean record.
3) I had enough working there so on the morning of the investigation meeting i verbalky handed my notice. Gave my keys uniform to my boss.
4) 5 days later they got in contact with me for me to attend a meeting to discuss my notice and paid me petrol money to gk back up there
5) at the meeting I decided tk withdraw my notice. They then suspended me on full pay due to another charge of potential gross misconduct as my boss said I was aggressive and threatening to him when I verbally gave my notice in. I did not threaten him at all, gods honest truth.
6) week into suspension, different boss rang me and requested i work at a different site which i agreed to do due to staff shortages. I found out during the week they were sending staff home due to there not being enough work but i wasnt sent home
7) yesterday i had my disciplinary letter which is on tuesday
8) the firm accepts i didnt leave the tail left down delibrately and it was gross misconduct and now been downgraded to misconduct
9) the potential misconduct is down to the threatening and aggressive behaviour. The boss went to the police and got a crime number and along with another driver saying i can be hot headed and i could have threatened him is why they decided to charge me
10) conduct charge of not handing in the notice

Fully accept the 2 misconduct charges of the tail lift being down and the lack of notice but I do not accept the potential gross misconduct as there is no proof. No one else was in the room and surely one persons opinion of what is hot headed is different from someone elses. I have had no police visit. I have a spotless 9 year record. The boss first email says I left the keys and uniform and then in his second email it says I threw them - is this a contradation?
Parts of the investigation paperwork is missing also should i tell them? None of it was signed by anyone so anyone could have written the statements.
Also in previous meetings over the past 3 years i have stated time and time again the boss victimises me. I put this in my 2 appriasels. He has been emailing head office about me numerous times but this is the missing evidence.
Should I call a character witness to combat the other driver saying in his opinion I am hot headed.
I do talk loud as i am deaf in 1 ear so sometimes people do take me the wrong way.

Please help and advise

[teaboy2]

Re: potential gross misconduct charge due to opinion/perception

Yes point out the discrepancies and past actions of the boss to harass you and make false allegation against, ask for a copy of the crime reference number and point out you have not been contracted by the police. You can use the crime reference number to contact the police asking if it relates to any complaints made against you and explain the situation about your boss, as such accusations and past actions by the boss may amount to harassment against you. And yes point out that you talk loud due deafness, which is a protected characteristic under the equality act 2010. And make clear their was no witness to the alleged incident, the boss never mentioned it in his original email but only in a later email, and the other driver was merely expressing his opinion, which many mistaken come to as a result of your talking loud which is a direct result of your hearing disability i.e. You Talk loud so you can hear what you yourself are saying, not because your hot headed!!

Put in a formal grievance about the boss detailing all past incidents of false allegations and rumors he has made against you pointing out that the company has a duty to protect its employees from such forms of harassment and bullying and from being victimized.

[ac1969]

Re: potential gross misconduct charge due to opinion/perception

This is incredible information thank you ever so much

[teaboy2]

Re: potential gross misconduct charge due to opinion/perception

Your Welcome - Keep us updated.