Complaint Eacalated Yesterday

[Prawnography]

I am working in a job now, where a very simple mistake has turned out to be Gross misconduct.
I have followed the procedure as detailed by my contract, and because the manager has taken a dislike to me, has done a U turn and created disciplinary proceedings.

We had a meeting last week, and it ended up all chatty and joking and even to the point where they are going to schedule some more work for me.

The body that Governs this company have responded as my incident ended up being a complaint to them, but they closed the case and stated that " There is nothing to worry about "

There have been many cases where people have been brushed under the carpet and have ended up being "Squeezed out "

I have a few Questions that I would appreciate answered.

1. I havn't had my meeting notes sent to me, so how long do I have to wait? I need notes so I can prepare.
They promised it would be with me within a day or so through post and sooner through email
They want a date for me to confirm the meeting Date.
Can I hold confirming a disciplinary date, till I get the Notes of the meeting?

2. Can they change something from a simple " Its Ok " to Gross misconduct?

3. They are trying to intimidate me where a manager who is known for aggression and and HR personnel with many qualifications will be there.
I rang up 2 days later and the manager was shouting at me down the phone and being rude and aggressive.

4. I don't know anybody or wouldn't subject anybody the pain of a disciplinary, so I am defending myself.

5. What can I do if they try and brush me under the carpet, as they have done many times?

6. Any Tips please?

I know I have many questions, but I would appreciate some advice as many people either don't know the answer, or want me to pay for legal advice.

Thanks :doggieyes:

[ULA]

Re: Complaint Eacalated Yesterday

Hi [MENTION=85369]Prawnography[/MENTION]. Before I can provide any advice I need to ask some questions. Was the complaint something that was raised in a formal way by a client/customer through your company's published complaints procedure? It then sounds like the client/customer did not like the response your company gave and then took it to a regulator or Ombudsman that oversees the way the company operates. Am I correct? If so at any point during the internal response to he client/customer by your company or then in the dealings with the body that governs the company were you asked about what had happened?

Was it really just a simple mistake?

You said you had a meeting last week with your manager, was this a disciplinary hearing and if so how were you notified about it? Were you given written details of a) the issue that they felt warranted disciplinary action b) copies of any supporting documentation they were going to rely on at the hearing c) the possible outcome of the hearing d) the right for you to be accompanied by a colleague of trade union rep e) were you given adequate notice in advance of the meeting date?

[Sangie595]

Re: Complaint Eacalated Yesterday

A few more questions please??

I am working in a job now(does this mean you have less than two years service?), where a very simple mistake has turned out to be Gross misconduct (As suggested, it would be helpful to understand what this "simple mistake" is?)

I have followed the procedure (what procedure?) as detailed by my contract, and because the manager has taken a dislike to me, has done a U turn and created disciplinary proceedings.

We had a meeting last week, and it ended up all chatty and joking and even to the point where they are going to schedule some more work for me. (So this meeting discussed this mistake? So an investigatory meeting of sorts? For which there is no entitlement to be accompanied)

The body that Governs this company have responded as my incident ended up being a complaint to them, but they closed the case and stated that " There is nothing to worry about (this part is very difficult to follow. Has your employer said that there is nothing to worry about? So who complained? And since there was "nothing to worry about", how has this ended up as gross misconduct?)

There have been many cases where people have been brushed under the carpet and have ended up being "Squeezed out " (what course this have to do with anything?)

I have a few Questions that I would appreciate answered.

1. I havn't had my meeting notes sent to me, so how long do I have to wait? I need notes so I can preparE (Which meeting? There was a meeting originally that you mention but that seems to not have been an issue? Has there been another meeting? How were you informed this was gross misconduct? Are you suspended?,)
They promised it would be with me within a day or so through post and sooner through email
They want a date for me to confirm the meeting Date.
Can I hold confirming a disciplinary date, till I get the Notes of the meeting? (Technically, you have no right to, no. But you can point out that it is difficult to agree a meeting date if you haven't got the evidence against you to prepare a defence, and you wouldn't want to agree a date then ask for a postponement because it hasn't arrived in time)

2. Can they change something from a simple " Its Ok " to Gross misconduct?(( Possibly yes. But it's impossible to say much on the information here. We really need details)

3. They are trying to intimidate me where a manager who is known for aggression and and HR personnel with many qualifications will be there.( I am afraid that well qualified HR are employed to do meetings like this. You can't complain about that! And you can't complain about a manager acting in a particular way before they have - no matter what they are known for.
I rang up 2 days later and the manager was shouting at me down the phone and being rude and aggressive. ,( do you have evidenced if this? Can you please explain what you mean - what happened?)

4. I don't know anybody or wouldn't subject anybody the pain of a disciplinary, so I am defending myself.

5. What can I do if they try and brush me under the carpet, as they have done many time(i am not sure what you mean by this? Building a disciplinary doesn't appear to be brushing anything under the carpet! )

6. Any Tips please?

I know I have many questions, but I would appreciate some advice as many people either don't know the answer, or want me to pay for legal advice.

Thanks :doggieyes:

It really is very difficult to comment based on no knowledge of what had happened in more detail. Legal advice won't help you right now - unless you are dismissed there is nothing a lawyer could do, and possibly not even then.

[Prawnography]

Re: Complaint Eacalated Yesterday

Hi [MENTION=51026]Ula[/MENTION] and [MENTION=94916]Sangie595[/MENTION]

Thankyou for you're concise responses.
I need to carefully read what you have asked me and respond later.

Thanks

Take care

[Sangie595]

Re: Complaint Eacalated Yesterday

Is this the same employer that you posted about in May? Because if so, by my calculation this could be a very serious situation. You certainly don't have two years service, so dismissal for anything other than a few exceptions is very easy - you have no right to claim unfair dismissal. It also appears to be a care industry setting, so it is even more important that we understand what the allegations is, as there are additional risks to dismissal in care settings.

There also seems to be something of a history here in terms of disciplinary action - do you have any other warnings on record. I'm not making a judgement on that - simply saying that from your previous post there appears to be other stuff that had gone on that would indicate poor relationships. Understanding that may also be relevant.