Help - pregnant and suspended for possible gross misconduct

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Ok, that sounds good re it being irrelevant if it's not impartial. ACAS confirmed to me earlier that he shouldn't be present too.

Should I ask them who did the investigation? I guess they'd probably lie anyway.

I just need to work out how I can record it... if I can

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Could I point out during the meeting (i.e. when it's too late) that I didn't think he should be there? If they truly haven't made up their mind to dismiss me or not then maybe that'll make them realise I am aware that I have rights.

[Kati]

Re: Help - pregnant and suspended for possible gross misconduct

I just need to work out how I can record it... if I can

use your mobile? quite a few have a 'voice recorder' built in now

[teaboy2]

Re: Help - pregnant and suspended for possible gross misconduct

Ok, that sounds good re it being irrelevant if it's not impartial. ACAS confirmed to me earlier that he shouldn't be present too. - which also validates your opinion that hes and "idiot" and the "he hates me" - because if hes stupid enough to see this through to the end as the chair then it confirms hes an "idiot2 and it confirms that as hes clearly out to get you, that "he hates me" - Therefore making what was your honest personal opinion of him a true statement fact and a true reflection of the manager - Which means you didn't committed any misconduct at all, as stating true statements of fact is not misconduct.

Should I ask them who did the investigation? I guess they'd probably lie anyway. Nope play ignorant and don't say anything that could give them the heads up. Let them hang themselves by proceeding with the disciplinary as they please too. Don't worry as this will come back to haunt them!

I just need to work out how I can record it... if I can

Use mobile as suggested by Kati and even myself when i first suggested recording it! You can also download apps for recording audio!

Could I point out during the meeting (i.e. when it's too late) that I didn't think he should be there? If they truly haven't made up their mind to dismiss me or not then maybe that'll make them realise I am aware that I have rights.

No under no circumstances should you point anything out to them. let them hang themselves as the further they proceed with this farce of a disciplinary the stronger your claim will be. You can't loose, so long as you DO NOT give them the heads up that they are completely making a pigs ear of the disciplinary process!

Hopefully this won't go further than appeal, regardless of if your dismissed or simply given a warning - We will appeal and we will be going for your managers resignation and your full reinstatement with a clean record of employment in best case scenario, worse case just full reinstatement and clean record!

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Does it make any difference that it's a small company?

My boss is the managing partner, although there are two other partners that don't get involved with the day to day running of the business. I guess it's fair to say one of them should have chaired the meeting.

Should I make any mention that I feel targeted because I'm pregnant (again) - what would happen at the appeal stage to make it not go past there? Is that when I would suggest it's unfair dismissal?

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

The fact they gave me less than 48 hours notice of the meeting and even less time to review their allegations - can that stand against them, or would I be told I should have requested the meeting was rearranged?

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

I've emailed requesting copies of the minutes after the meeting.

I'm not sure if I've asked already, but - is there any use me saying I hadn't seen the IT policies? The were available on our HR site but never physically handed out.

[teaboy2]

Re: Help - pregnant and suspended for possible gross misconduct

The fact they gave me less than 48 hours notice of the meeting and even less time to review their allegations - can that stand against them, or would I be told I should have requested the meeting was rearranged?

Yes they should have given you a reasonable amount of time to review the evidence they supplied, I was ask that the meeting be rearranged to all them to provide the additional evidence you have requested and to give you time to review the evidence once its provided prior to attending said meeting. At least 1 weeks notice - Really.


No don't say you weren't aware of the IT policy, as it wouldn't make any difference since they were available to you on the HR site.

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Does it make any difference that it's a small company?

My boss is the managing partner, although there are two other partners that don't get involved with the day to day running of the business. I guess it's fair to say one of them should have chaired the meeting.

Should I make any mention that I feel targeted because I'm pregnant (again) - what would happen at the appeal stage to make it not go past there? Is that when I would suggest it's unfair dismissal?

[teaboy2]

Re: Help - pregnant and suspended for possible gross misconduct

Does it make any difference that it's a small company? No as the law is the law and applies universally!

My boss is the managing partner, although there are two other partners that don't get involved with the day to day running of the business. I guess it's fair to say one of them should have chaired the meeting.

Should I make any mention that I feel targeted because I'm pregnant (again) - what would happen at the appeal stage to make it not go past there? Is that when I would suggest it's unfair dismissal?

Dont say anything, just go with the flow until i say otherwise. Don't worry about appeal stage just yet its all in hand. Now try relax and go with the flow safe in the knowledge that your going to win this either way and he's going to face tough questions from the other partners - his job is now on the line here not yours!!

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Phew, so the the 3 hour grilling is over and now I wait again.

I think the meeting went as well as it could and I feel I raised all points we'd covered. They kept disputing the concept that work email is private, to which I said 'its a private conversion not meant for others to read - in the same way as I'd have a private conversation with someone in the kitchen perhaps'.

I had to reiterate that many comments were simply my opinion (which I'm entitled to), which I think frustrated them.

Their evidence re my working on a blog was that i'd sent emails about it!!! No logs or anything.

Bullying claims were the comments I'd made, and that I said I dislike her and 'why did I say I wouldn't I invite her for a drink?'!!!! ERM because I can socialize with who I like. - there were a few petty things like that.

Unfortunately one of my husband's friends has the nickname 'gay Dave', not entirely sure why. He was mentioned in a couple of the chit-chat emails - and they thought I'd been referring to a colleague Dave :-/.

All in all I did my best, and can't thank you enough for your support and guidance in helping me prepare.

The hr manager left it that 'Steve' would review the evidence, and 'Steve' would come to a decision, and 'Steve' works inform me..... Steve being my boss who is clearly not impartial!!

I did a bit of a closing statement about how I've been struggling with pregnancy, plus exams and my head hasn't necessarily been entirely work focused and that I've admitted I went the wrong way about airing my frustrations but perhaps they can see it's out of character. I've never had any issues with performance, nor have I ever had a review our appraisal to make me aware of anything. I've been committed and always adapted as requested of me (gave an example of when I was asked to do something new that I was reluctant, but did it anyway AND studied for an exam to better myself in that areas and to aid the company).

Fingers crossed!

[teaboy2]

Re: Help - pregnant and suspended for possible gross misconduct

Phew, so the the 3 hour grilling is over and now I wait again.

I think the meeting went as well as it could and I feel I raised all points we'd covered. They kept disputing the concept that work email is private, to which I said 'its a private conversion not meant for others to read - in the same way as I'd have a private conversation with someone in the kitchen perhaps'.

Good example - Even though they were work email systems they were being used for private conversation which amounts to private use and said private use is permitted in their IT policy!

I had to reiterate that many comments were simply my opinion (which I'm entitled to), which I think frustrated them. - Off course it frustrated them as they can not not deny it was simply your personal opinion of him!

Their evidence re my working on a blog was that i'd sent emails about it!!! No logs or anything. - Which they should have produced said evidence and given you copie sof prior to the meeting - Without which they should not be relying this or using against you - Especially when your permitted to use emails for private use!

Bullying claims were the comments I'd made, and that I said I dislike her and 'why did I say I wouldn't I invite her for a drink?'!!!! ERM because I can socialize with who I like. - there were a few petty things like that. - Again those comments where your private opinion of her, and your right it is up to you who you socialise with - Has miss glenn ever asked you to join her for a drink or invited you to meal outside of work? And even if she has you don't have to accept!

Unfortunately one of my husband's friends has the nickname 'gay Dave', not entirely sure why. He was mentioned in a couple of the chit-chat emails - and they thought I'd been referring to a colleague Dave :-/. - So they tried to use your reference to your husband via his nick name "gay dave" gay means "happy" so therefore slang for "happy dave", as evidence of some sort of sexual discrimination against a colleague! Best get a written statement from your husband and one of his friends confirming your husbands nick name is "gay dave" and the meaning behind the nick name! Just to back up your refutation of their allegation!

All in all I did my best, and can't thank you enough for your support and guidance in helping me prepare.

The hr manager left it that 'Steve' would review the evidence, and 'Steve' would come to a decision, and 'Steve' works inform me..... Steve being my boss who is clearly not impartial!! - Which is what we were hoping they would do - It makes not just the meeting impartial but the whole investigation and disciplinary procedure which amounts to unfair dismissal and breach of contract!

I did a bit of a closing statement about how I've been struggling with pregnancy, plus exams and my head hasn't necessarily been entirely work focused and that I've admitted I went the wrong way about airing my frustrations but perhaps they can see it's out of character. I've never had any issues with performance, nor have I ever had a review our appraisal to make me aware of anything. I've been committed and always adapted as requested of me (gave an example of when I was asked to do something new that I was reluctant, but did it anyway AND studied for an exam to better myself in that areas and to aid the company). - Yeah i can not see that doing in harm since the whole disciplinary process they are carrying out is a complete farce and clearly not impartial at all!

Fingers crossed!

Well done. Next stage is to wait see what they come up with.

But need you to request copies of evidence they referred in the meeting that they hadn't given you prior to the meeting, such as the email logs and anything else they referred to as evidence! Also ask for a copy of the meetings minutes.

Did you record the meeting at all?

Also, was their any comments about you being pregnant if so what was said - No matter how irrelevant it may seem to you, you need to tell us precisely what they said!

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

I didn't record the meeting... No mention of pregnancy except when I raised the discrimination issue.
I've got copies of emails and requested minutes/notes although they wouldn't let me see them until typed up. I was accompanied though so I have a witness in case anything is misstated.

[teaboy2]

Re: Help - pregnant and suspended for possible gross misconduct

Ok, was hoping something may have been said or recorded, so could add it to your defense! but it doesn't matter as we got them where we want them them anyway and there's no going back for them now!.

Is the person that accompanied you aware you getting help here? if not, then keep quite ok. Trust me if they dont know then they don't need to know, plus telling them risks ruining everything - I shall send you a private message tomorrow to make sure you fully understand the plan like [MENTION=49370]Kati[/MENTION] does

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Hi - sorry for my absence. Still haven't heard anything but expecting something this week as he was away on holiday last week.