Help - pregnant and suspended for possible gross misconduct

[teaboy2]

Re: Help - pregnant and suspended for possible gross misconduct

No problem [MENTION=66743]eyh[/MENTION] - Just let us know once you hear anything

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Out of interest, is there any guidelines of what is 'prompt' and 'reasonable' in terms of me waiting for a decision? It feels like a long time that I've been waiting!

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - There are no guidelines but your employer should notify you of their decision as soon as possible. I would have expected you to have received a response by now.

Friday will be a fortnight and I think it would be unreasonable for you to have to wait any longer.

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

I've just received a letter stating that my contact is terminated for gross misconduct..... Help!!!

[Kati]

Re: Help - pregnant and suspended for possible gross misconduct

I've just received a letter stating that my contact is terminated for gross misconduct..... Help!!!

[MENTION=19071]teaboy2[/MENTION] [MENTION=48758]stevemLS[/MENTION] [MENTION=67649]matt3942[/MENTION] - any advice please?? [MENTION=66743]eyh[/MENTION] could you post up a redacted copy of the letter? Or email it to me and I will - kati@legalbeagles.info
Please try not to worry (hard I know ) someone will be along soon xx

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

[MENTION=66743]eyh[/MENTION] - I am sorry to hear that but IMO that was the most likely outcome from the start. Generally, you don't have a right to say whatever you want when using your employer's e-mail, and in this case you have breached your employer's IT policy.

Of course you may appeal the decision and the appeal will have to be chaired by someone who wasn't involved in the original disciplinary. IMO an appeal won't be successful.

In an ET your employer will argue that the manner in which you breached the IT policy has destroyed the implied term of mutual trust and confidence - they cannot rely on you to be honest and respectful in future.

I think your best option is to put this behind you and start looking elsewhere.

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

@Kati @teaboy2 here is a link to photos of the letter - not sure how to actually post them. removed link ID

Is @matt3942 right? No point in appealing?

I thought the whole process could be deemed unfair due to his involvement in the whole thing?

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

There's no harm in appealing - you won't lose anything; however, it won't be deemed automatically unfair simply because of his involvement. This is quite common in small businesses with a small staff.

Also, your dismissal is not substantively unfair - the allegations were not unfounded (you admitted to them), and another manager would have likely reached the same decision.

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

But the allegations, to me, seem like 'misconduct' rather than gross misconduct. Yes I have violated the IT policy but is that really sackable? As for the other allegations that he has upheld, I haven't admitted those and I think they are just 'padding out' the main issue (i.e. email misuse)

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

The misuse of e-mail can be sufficient grounds for dismissal.

An appeal hearing may drop the charges you haven't admitted to, but it's unlikely they'll overturn the dismissal.

For info, a CIPD survey called People and Technology found one-third of UK businesses have dismissed employees for abusing company e-mails.

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

What do I need to say in an appeal letter?

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - I will give you more information when I'm at the computer to help you set out your appeal letter - it's difficult to do on my phone.

- Matt

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - I haven't forgotten about you.

I have a few questions, which you may have answered previously, although I have re-read this thread and can't see the answers.

1. Do you have the e-mail notifying you of your suspension? If I could see that it might be helpful. If you don't have it, did it tell you why you were being suspended? Was this with/without pay? Did it mention the investigation (i.e. that an investigation was being carried out, who was carrying it out, how it would be carried out)?

2. Who wrote the letter inviting you to the disciplinary meeting?

3. Have you been given the notes from the disciplinary meeting? If so are we able to see those please?

I think that's it for now but I might have further questions depending on your answers to these.

- Matt

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - I have another question. I'll continue from the above list in case you want to respond to them all in one post.

4. Have you had performance reviews during your employment with this company? If so, how many (or how often), and have there ever been any performance-related issues identified in your reviews?

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Hi Matt

1. I had a letter stating I was being suspended for the allegation that I was involved in unacceptable behaviour that sites complete disrespect for authority and misuse of company email facilities.
It mentioned that there would be an investigation but not who would be carrying it out. It said it would be fair and impartial. Suspension was on full pay.

2. All letters have come from my boss, the invite to disciplinary was via email initially. I had to chase for the full allegations etc. Which was sent eventually via email also at 2pm the day before the meeting.

3. I have got the notes although they are vague, I will try to paste them up.

4. I have never had an appraisal or review in the 3 years I worked there. Never had any issues raised about my performance.