Internal disciplinary

[CCRacer]

I've worked as a Housing Enforcement Officer for a local authority/council for almost 9 years with an exemplary record. Except for the enforcement element of my post, every single ounce of knowledge needed to carry out my job I brought with me. Absolutely none of the skills, knowledge, methodologies etc was offered to me during my time in the council and neither have I been on any formal training for it except the enforcement side by having specialist provided training on 2 separate occasions only. I am a qualified building surveyor but not currently chartered, a professionally trained plumber and tiler, hold the relevant qualifications for ARLA and NAEA for being a letting agent and estate agent receptively, a registered domestic energy assessor for carrying out EPC's and possess over 30 years experience and knowledge from my private and prior life before starting at the council. I am also a private landlord and recently I started up a part time business with a fellow colleague as a web-based letting agent due almost entirely because of the huge job cuts the public sector is facing in these times.

It's the latter that has got me into trouble and I now find myself in the midst of a disciplinary procedure for allegedly not getting permission from my chief officer and due to a perceived conflict of interest between my daily job as an enforcement officer and being a letting agent. The not getting permission part is a bit of a farce and in the Councils policy their is a Code of Conduct which I knew nothing about. I should have but all through my time at the council I and everyone else I know have only every dealt with something we call our Register of Interests form. The procedure for the latter is laid out in an informative guidance booklet and is written in a post fact terminology/style, something like "go and start something and if after discussing it with your line manager you feel its a potential conflict then you need to seek advice." There is absolutely no link from this document through to the Code of Conduct. Knowing about the register of interests I spoke to my line manager about it an she said all the way through it that I should submit the register of interests forms when I get to the point of starting the business or I have interests within the Councils jurisdiction that may be perceived as a possible conflict. This is what we have done and since this point all hell as broken loose.

We have now been accused of wilful misconduct and some other spurious issues, accused of deliberately not obtaining the chief officers permission etc and so it goes on. This all started back in April and we are both now facing a full disciplinary hearing next Friday 25th Sept. As a twist to this fiasco and because of the potential job cuts, I applied for and successfully obtained a newly created post in a new department unconnected with my current role thinking a newly created post would be safer in times of cuts as it would've been deemed a necessary new function to the council. Initially I was verbally offered the new job and I verbally accepted the following day and agreed with the new manager that I transfer over on 1st June this year. I have been prevented from transferring to this job and held in my current role until this debacle is over. I've just received the bundle of documents that we have been given from both sides so I can put together a submission and defend myself and within these documents are all the correspondence between the senior managers and the investigating officer. Though nothing on paper has been confirmed I have a verbal contract in law I believe. Couple this with the facts I've had 2 specialist training sessions for it and been given access to the very sensitive software training system I feel I am in the new camp and being kept in the old camp.

In a nutshell, the investigating officer has stated that we have both fallen foul of a poor internal process with no malicious intent and made recommendations that the case be dropped due to the facts she presented. What is very apparent in the document bundle is the fact that even some of the senior managers were not aware of the Code of Conduct and this is plain to read in their replies to each other in emails.

If I haven't bored you all to death yet you'll be glad to know I'm at the end of my scribblings and have one question. Have any of you heard of a similar case whereby I have a new post that has been accepted will 100% take me out of this scenario but I'm being held in it so that I can be punished which in turn may prevent me from taking up the post in the end? This is akin to double-jeopardy (nemo debet bis vexari pro eadem causa), treading treacle whilst being held face down and rabbit punched for the sake of it. Whats worse is we've uncovered a whole host of other similar cases and infractions by junior and senior officers alike that have never been given the light of day. If any of you have any pertinent info, know of any UK and Euro cases please could you let me know so I can look into it? I'm already reliably informed that i won't get the sack via a departmental manager who has an inside track on this and is a friend which is also a breach of everything they have laid before us but I would like to fight fire with fire and put them in their places.

One last thing, although I am a private landlord, letting agent and an enforcement officer I have never let any of these cross into each others realm and when they come close its always from a distinctly different angle depending on what cap I am wearing. Thanks in advance.

[judgemental24]

Re: Internal disciplinary

Being employed by the local authority/housing association as a housing enforcement officer and and being a private letting agent is a major conflict of interest.

I agree on what you say that no intent is intended but a simple breach of procedure through ignorance. But that is an internal staff training issue.

Any disciplinary action previous or ongoing will impact a new post if you have yet to take up that new position. The decision is if the employer wishes to instigate and sanction or not.

One last point, the employer is always God. They only have to have reasonable suspicion on the evidence presented and the balance of probabilities the transgression occurred.

I would advise take what the give on the chin at the disciplinary, plead ignorance, yes sir no sir and you will be fine. If you start any debate saying this or that is not right you will put their backs up, let them have there littile power trip at the disciplinary.

Me thinks it will be a slap on the wrist and will not impact on your new position. Even if the result is negative, you can always then appeal the deision through the normal internal disciplinary and grievance procedure.

[CCRacer]

Re: Internal disciplinary

I would disagree that the enforcement role and being a letting agent is a major conflict of interest. A closer and possibly greater risk is being a private landlord in the same borough. Effectively, a private landlord is at the coalface, the captain of the ship so to speak, directly responsible in law for the upkeep of their property, protecting their tenants etc. and in effect is unable to just walk away from a bad situation in a short space of time. A letting agent on the other hand is contractually responsible for the term of their agreement with the owner of the property and is an intermediary between the owner and the tenants. In effect, someone or a body who overlooks a situation depending on certain conditions. Should the owner not perform in their duty or should the agent have issues with tenants that can't be resolved through the contractual channels with the owner, or in this context, inducements, illegal and conflicting activity is required or about to take place, then non-performance on one or both parts is evident which means the agent can legally step away, almost instantly thereby absolving themselves of responsibility from that point. They are not on the coalface at all and legally the responsibility in landlord and tenant and property law and in contract always falls with the owner and then their tenants. I'm getting deep into the issue here with my understanding of landlord and tenant law, LPA 1925 and others with being a building surveyor etc. I am being judged by managers who have no concept of these laws and regulations and how they interact with each other or were they cross over or come close to each other if ever they do.

It's too easy to just throw in their offerings of "Its a conflict of interest" without backing it up a or giving examples of where they feel I've maybe done that. I keep everything strictly separate on purpose. I agree they just like to act like God but this is down to their poor management skills and lack of real world experience. Even GP's and other medical professionals can declare their interests with impunity. They are professionally qualified professionals who professionally qualify their professional colleagues. This may seem too close for comfort but I work as a part time panel member on our local NHS CCG and they have declarations coming out of their ears. My issue is that none of our senior managers are professional or professionally qualified in any sense of what they are deliberating over!! Typical local authority then.

Everything else you mentioned I agree with. I know I'm going to be kicked and hopefully that won't prevent me from going to the new post otherwise I'll remain in the existing post being rabbit punched on an ongoing basis as I can't be made to relinquish the business by them, or double-jeopardy. As a twist, my new post is as a fraud officer which I gained because of my knowledge of fraud, my extensive forensic computer skills and a naturally inquisitive nose. You can guess therefore that whilst this debacle has been going on I've uncovered various acts of fraud, discrimination, unfair practises and misappropriation of public funds by my very accusers whilst doing my background investigations for my side of my case. Interesting times ahead I think!! Whilst in a glass house don't cast stones comes to mind. LOL.

[judgemental24]

Re: Internal disciplinary

20 years as a Trade Union official, 10 of which a branch officer on full time release:

Take it from me

That was a major conflict of interest

[CCRacer]

Re: Internal disciplinary

I understand where you are coming from without a doubt and to be honest you are more certain of it than my own union rep. My cousin is an ex-trade union official and branch officer and has practised as an independent employment solicitor since qualifying for the last 16 years and he disagrees. He's had the benefit of reading through my paperwork though which for obvious reasons I can't put on here. He's a renegade and a challenger of the normal concepts and has been involved in a couple of high profile cases against the Home Office and Ministry of Defence in recent years that one or two others including a barrister wasn't successful with. Doesn't mean he's right but he puts a whole different spin on it. So much so that he offered to take it to court for me for free should I be dismissed as he said it will be a walk in the park. They have made so many errors during the course of this case which is now littered with what my cousin describes as "gifts" to my case.

I'll probably keep my head down on Friday, take it on the chin or wrist whichever suits as damage limitation then unleash my appeal or counter actions afterwards. A bit of sport possibly. If I'd set out to do anything maliciously, with intent etc. I could understand this but due in part to a bit of ignorance as well as possibly 99% of council colleagues, I find myself trapped by default which is wholly unacceptable. I am mortified I've landed in the soup and I don't like having the finger pointed at me when I haven't done anything wrong on purpose like this.

[stevemLS]

Re: Internal disciplinary

I agree with @judgmental24.

I think much of what you say is absolutely irrelevant to the issue;

In particular of course they are correct to prevent you taking up the new post until this is sorted. It has absolutely nothing to do with "double jeoarpdy".

[CCRacer]

Re: Internal disciplinary

stevemLS, my writing and explanations aren't always clear but we can both see it potentially becoming double-jeopardy if sanctions or written undertakings are forced upon us, or at the very least we'll be placed in an untenable position.

A further question or two. Would you agree or disagree that being a private landlord whilst working as a housing enforcement officer is a conflict of interest? Would you have the same opinion if someone was acting as a building surveyor, domestic energy assessor or plumber outside of work but in the same borough or for that matter out of borough? My current council job entails enforcement of housing standards against owners and/or landlords and not necessarily a manager or agent unless they have a specific written contract and/or lease to say otherwise taking immediate responsibility away from the owner. Overseas landlords sometimes do this but ultimately in law, they are responsible for their interests.

[judgemental24]

Re: Internal disciplinary

That is your problem right there, your use of the word written "Undertakings"

In employment matters "Undertakings mean employers/business as in TUPE for example

Any change in a contractual term will need a consultation period and you will be given the opportunity to reject such terms if necessary. There is always an appeal process for executive action under the Employment Rights Act 1996

You do know it is a legal requirement under the Working Time Regulations to inform you current employer of any other employment? That is paid or unpaid.

[CCRacer]

Re: Internal disciplinary

I know about the working time regs. What I do outside hardly accounts for 4 hours per week at most. I'm not juggling loads of other work outside of my main role, just doing a small amount in the background. I value my family and personal time too much to start giving it up even for a new business or extra cash etc.

[judgemental24]

Re: Internal disciplinary

I just tell you what the regs are, it is your choice to comply or not

I am simply pointing out that if your employer has no record that you informed them of this other employment, they can use that against you.

As it is a health and safety matter that is gross misconduct and a dismissal offence

My advice will be go into this meeting, kiss their butt to bring matters to a conclusion, and then start in your new position

[CCRacer]

Re: Internal disciplinary

I have every intention to limit the damage on the day and even put in my defence submission in the same vain by end of business on Tuesday. The strange thing about it all is that I did tell them via the method I believed to be the correct one but then found out something else was on the field. When I gave the form to my manager, they passed it on to the head of service who didn't log it by the normal means and then tried to say that I had failed to do it. What he didn't realise was that I'd already asked the assigned collator of the forms for our service via email and her reply shows she received nothing. We've already pointed out that this was a trap and during his subsequent interview he said he didn't recall. Lying git! We've already proven that the system doesn't work, information isn't being collected correctly, procedures aren't being followed correctly etc and the investigating officer basically annihilated it as well and said that we weren't to blame in the grand scheme of things.

Not one single colleague who I've spoken to since this started knew about a code of conduct. Absolutely not one. The messages between the senior managers show this to be true of them as well. My head of service doesn't get on with me because I'm not a "Yes" person and you can pick up some of his maliciousness when you read the messages. Not blatant maliciousness but just enough to show that he knows his comments will be outed for the hearing and we'll get to read them.

I notice that there is no answer to the private landlord, surveyor, energy assessor scenario above that I posted earlier except for the working time regs perhaps which doesn't affect me. I'd be intrigued to see a comment about them.