Gross Misconduct Advice

[teaboy2]

Re: Gross Misconduct Advice

From when you receive it - They should also give you copies of all evidence they intend to rely on in the hearing, including witness statements and allow for you to view the CCTV footage also - So i suggest you request copies of all evidence they will be relying on in the hearing and that the hearing be rearranged so as you will have at least 5 days notice and that said copies of evidence should be received by you no later than 5 days prior to the hearing, to allow you time to review the evidence and prepare for the hearing. Also request that they should make arrangements so that any equipment needed to view the CCTV evidence be present at the hearing and allow for you to therefore view the CCTV footage.

[Chris87]

Re: Gross Misconduct Advice

From when you receive it - They should also give you copies of all evidence they intend to rely on in the hearing, including witness statements and allow for you to view the CCTV footage also - So i suggest you request copies of all evidence they will be relying on in the hearing and that the hearing be rearranged so as you will have at least 5 days notice and that said copies of evidence should be received by you no later than 5 days prior to the hearing, to allow you time to review the evidence and prepare for the hearing. Also request that they should make arrangements so that any equipment needed to view the CCTV evidence be present at the hearing and allow for you to therefore view the CCTV footage.

My disciplinary has been re-arranged for Friday now (received the letter yesterday); I wen't in today and got re-suspended for asking one of the witness' a few questions after the investigation has been concluded.

When i requested copies of all the evidence i was told that my company does not recognize ACAS so they only had to provide me with the report, is that normal?

[des8]

Re: Gross Misconduct Advice

i was told that my company does not recognize ACAS?

Interesting position, not recognising a government non departmental public body!
Also might run into problems if they want to go to an employment tribunal:
Epmloyment Tribunals (Early Conciliation: Exemption and Rules of Procedure) Regulations 2014, LNB News 14/02/2014
Prospective claimants in Employment Tribunal claims will have to obtain an early conciliation certificate from ACAS before they can proceed to a tribunal, as of 6 April 2014. As of 6 March 2014 the Secretary of State may prescribe one or more forms to be used by prospective claimants in fulfilling the early conciliation requirement.

[Chris87]

Re: Gross Misconduct Advice

For anyone interested, here are the disciplinary hearing notes: http://imgur.com/a/yApkj

The disciplinary has been adjourned for 10 days while they investigate further, I'm just wondering if there's anything I can use for the next round of questioning?

[teaboy2]

Re: Gross Misconduct Advice

there in a stew and panicking if you ask me lol

[Chris87]

Re: Gross Misconduct Advice

I just received two letters inviting me to the next disciplinary hearing on the 26th (one was a "signed for" that was just posted that i haven't actually signed for).

No evidence provided yet again and packaged with the same investigation report with nothing additional, no mention of points they've been investigating for the last week

[teaboy2]

Re: Gross Misconduct Advice

Ok contact them in writing using proof of postage method, asking when they are going to supply you with copies of all evidence and witness statements they intend to use in or refer to in the disciplinary hearing. Stating that if they can not supply said evidence and witness statements no later than 5 clear working days prior to the date of the disciplinary hearing (26/06/2015) then you formally request the date of the hearing be re-arranged to a more suitable time to allow them to provide you copies of the evidence and witness statements, whilst also allowing you 5 clear days to review the evidence and prepare for the hearing based on that evidence!

You mentioned two letters - What did the second would state?

[Chris87]

Re: Gross Misconduct Advice

The second letter was an exact copy of the first, just sent standard first class.

I actually have a new job lined up already but I want to make a point that they can't treat people so poorly now, I'll be sending that along with a freedom of information request first thing Monday and contacting the disciplinary manager to notify him.

As you saw in the disciplinary notes the initial investigation manager is actually involved by not suspended me or even arranging duty manager cover for the Monday or Wednesday after the incident that I was left to run the store, surely this invalidates the entire process as it's been conducted with complete bias? She'd be up for gross misconduct herself if proof came to light that she knew on the Sunday.

[teaboy2]

Re: Gross Misconduct Advice

Its an invalid process anyway as a result of them holding the investigatory meeting in the way they did, by inviting you in to the office for chat and telling you you didn't need to be accompanied etc! When that chat was in fact an investigatory meeting and they should have written to you inviting you to attend and advised you of your right to be accompanied and who you could have to accompany you, instead of holding one under the guise of an informal chat telling you you didn't need to have anyone accompany you!

[Tools]

Re: Gross Misconduct Advice

Just to clarify it would be a Data Protection Subject Access Request and not FOI. They can charge up to £10 for this and have 40 days to supply information.

[Chris87]

Re: Gross Misconduct Advice

Just to clarify it would be a Data Protection Subject Access Request and not FOI. They can charge up to £10 for this and have 40 days to supply information.

Sorry, my mistake; just to get some clarity, would witness statements and other evidence fall under the Subject Access Request? Since I'll be identified/referenced multiple times in the interviews and all the investigation material is in relation to my actions on particular nights?

[Tools]

Re: Gross Misconduct Advice

It should be, however it may include redaction's of the individuals name etc on the statement to protect their identity.

[Chris87]

Re: Gross Misconduct Advice

Turns out they weren't panicking! I had my second and last disciplinary today and I've been dismissed effective immediately.

Here are the notes: http://imgur.com/a/MxzOX

Any advice for appeal would be appreciated!

[stevemLS]

Re: Gross Misconduct Advice

Sorry to hear that, but you have another job to go to?

Wasn't going to jump in but you have not taken the names out of the notes, mate.

[teaboy2]

Re: Gross Misconduct Advice

Turns out they weren't panicking! I had my second and last disciplinary today and I've been dismissed effective immediately.

Here are the notes: http://imgur.com/a/MxzOX

Any advice for appeal would be appreciated!

If claire was the investigator of the incident, then she should not have been giving a witness statement as that means she was not impartial to the investigation. So basically the investigation should have been carried out by someone impartial and not a witness to it. If the disciplinary process as a whole or in part is not impartial then its unfair and as such be unfair dismissal! A witness can not be an investigator in the same disciplinary process as it makes the investigation part biased!

Also i'm i right in thinking they went and did a 2nd investigation and now the dirvers log says the alarm wasn't set on the tuesday morning, diespite previous witness statements in the 1st investigation confirming Claire spoke to store staff on the Sunday?

I know you have a new job, but you can still appeal the dismissal. And whilst if your appeal is successful you clearly wouldn't want the job back now you have another one, you would be due compensation for breach of contract as a result of dismissal, which can be agreed by a settlement agreement, otherwise you can take the matter to tribunal. But its totally your choice! Is there anything in terms of misconduct you may have on Claire?!