Help - pregnant and suspended for possible gross misconduct

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION]

Thank you for your responses.

Do you know who carried out the investigation?

Am I right in thinking your manager carried out the disciplinary meeting? This is the same manager about whom your comments were made?

Did the invitation to attend a disciplinary meeting tell you who would be attending?

Just to confirm, you received the invitation on the Friday to attend a disciplinary meeting on the Monday morning and you received the list of allegations on the Sunday afternoon?

At what point did you receive the copies of the evidence?

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

https://photos.google.com/share/AF1Q...hnN3FzNG4yaTVR

Lh is me. Sw is my boss. Sm is hr manager.

I responded with the following although never received revised notes:

Although these notes aren't particularly detailed, they seem to be mostly in order. However, I would add the following points to page 11:

Point 3: Expression of my personal opinion, which I am entitled to. Not made publicly and can't be 'false' as they are opinions, so cannot amount to defamation.
Point 4: Again, personal opinions expressed in private conversation. Would have to be made publicly to undermine authority.
Point 5: This is an absurd allegation. Bullying would have to be directed at Cheri, with intent to upset. Bullying would need to be sustained/continuous. I am entitled to express personal opinions. Not aware of any grievances raised by Cheri.
Point 6: I have not refused to carry out duties, nor spread gossip.
Point 7: Never made any allegations about the company publicly.

And amends to page 10:

under further stress due to examinations.
all studying is undertaken in my own time.

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

The same manager chaired the meeting, wrote all of the letters and made the final decision - and he is the one I have made comments about. I believe he carried out the investigation but I haven't actually been told. At the end of the meeting hr manager confirmed the same manager would review the evidence and reach a decision.

The invitation confirmed who would be attending, myself, my boss, my companion and the hr manager.

I received a brief email on Wednesday around 4/5pm requesting my attendance at the hearing on Friday at 10am. I received copies of emails on Wednesday evening via courier. I chased for the allegations/full letter at 1pm on Thursday which arrived around 2pm.

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - thank you again.

I have two more questions and then I think I'll have enough to include in your letter.

1. Were you invited to attend an investigatory meeting?

2. The minutes of the disciplinary hearing say that SW will be on leave "next week" - do you know if he was on leave for the entire week commencing 01 June 2015?

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

1. I was not invited to an investigatory meeting.

2. I am not sure of dates, I assumed he was away for the whole week.

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - thank you for your response, again.

I have attached a draft of an appeal letter, which you may use. You may send this as it is, or you may choose to amend it as you see fit.

In any case, you will need to add your manager's and your name and address at the top, and replace the two {NAME} entries at the opening and closing of the letter. Also, I have used 'SW' to refer to your manager. You may wish to change this to include his full name.

Lastly, I have added 'Copy to: HR Manager' at the bottom of the letter as I would urge you to send a copy to him/her, given that your manager has managed the entire process so far.

I hope you find this helpful. Please keep us updated on your progress.

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Thanks so much

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Out of interest, he states 'he's taken legal advice and reserves the right to take legal action for defamation of professional character'.

Is there anything in this? Could he sue me or if this an empty threat? I can't see how I have tarnished his reputation because they were personal opinions not expressed publicly.

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Also, is it worth mentioning in the letter that I have been under a lot of stress due to pregnancy and also exams during the last few months? I mentioned this in the hearing but it was not really referred to in the dismissal letter. It has lead to me letting work frustrations get to me and acting it of character.

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Out of interest, he states 'he's taken legal advice and reserves the right to take legal action for defamation of professional character'.

Is there anything in this? Could he sue me or if this an empty threat? I can't see how I have tarnished his reputation because they were personal opinions not expressed publicly.

I would say there is no basis to his claim. As I said in my letter, your comments were pure opinion (i.e. they cannot be proved true or false), and they cannot be used to form the basis of a defamation claim. Any (decent) solicitor would advise him of this.

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

Also, is it worth mentioning in the letter that I have been under a lot of stress due to pregnancy and also exams during the last few months? I mentioned this in the hearing but it was not really referred to in the dismissal letter. It has lead to me letting work frustrations get to me and acting it of character.

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Also, is it worth mentioning in the letter that I have been under a lot of stress due to pregnancy and also exams during the last few months? I mentioned this in the hearing but it was not really referred to in the dismissal letter. It has lead to me letting work frustrations get to me and acting it of character.

To be honest I did consider this. I wasn't going to mention the studying and exams as this isn't a condition of your employment - you are doing this voluntarily. However, we could say that your studying demonstrates your commitment to developing within your role - hardly the behaviour of someone intent on loafing and causing trouble.

I did notice in the dismissal letter your manager implied that it's been a difficult 12 months - has there been increased pressure at work? Have there been any organisational changes, reduction of staff, loss of business etc.?

- Matt

[eyh]

Re: Help - pregnant and suspended for possible gross misconduct

There has been a few staff leave which has resulted in roles changing slightly and more pressure due to workload, no loss of business to speak of. In fact the business (monetary-wise) is doing better than ever from what I saw of the accounts etc, the 'difficulty' was due to admin processes not working more than anything, but that was largely due to the two main administrators leaving and everyone else having to pick up the pieces.

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - I have now added a paragraph to the letter.

- Matt

[matt3942]

Re: Help - pregnant and suspended for possible gross misconduct

Hi [MENTION=66743]eyh[/MENTION] - did you decide to go ahead and submit your appeal letter?