Resign or be sacked?

[NWHC]

Re: Resign or be sacked?

Lots of Ifs here
The point is how to survive when dismissed or resign. Not that many people have sufficient savings so it is very pertinent to suggest that being sacked and resigning will in all likelihood be considered as being your own fault and thus reduced benefit.

The point I was making about having Alcohol in a bookies is that the standard required from a manager is higher than that of a subordinate

We are making lots of assumptions here about length of service, how the disciplinary was handled and so on . It would appear that the bookies is at least a small chain and i would suspect , due to the rationalisation of the gaming industry over recent years a large one. As such the employer will be gender neutral as if as I suspect it will be a listed company . Your comments do not have to be intended to be sexist to be seen as sexist , as a law graduate you should know that , The fact that I perceived them as sexist could make them so. The tome to me was that of a poor little woman being bullied by a big butch man

You have a much greater faith in the DWP than me , even so what is rapid and what the hell has Wednesbury got to do with it. The nearest mail handling site to Wednesbury is Wolverhampton

[Mouldylocks]

Re: Resign or be sacked?

Bottom line, is there any advantage whatsoever in attending the disciplinary and appealing the inevitable (tho unjust in my view) dismissal, on the grounds that there is a witness to the manager having no knowledge of the alcohol on the premises?

[Debt Camel]

Re: Resign or be sacked?

If she wants to keep her job, I suggests she attends the hearing and is very polite and sorry (however much she is seething inside). Accepts that alcohol cannot be tolerated on the premises at any time, but emphasises she was not aware of it and there was nothing in the previous conduct of X (who brought the bottle in) to suggest that there would be a problem in this area. Discuss the facts of the situation, do not argue about the fairness of the process. Point to her unblemished HR record and suggests that a written warning for the other minor offences would be appropriate.

NB I am assuming here that she has indeed been employed for over 2 years. And that she is not a member of a Trade Union - if she is she needs to talk to them asap.

[Mouldylocks]

Re: Resign or be sacked?

Thanks for that DC. Not much hope of keeping the job I'm afraid, as another staff member (who kept his job, seemingly by saying what was required) said my daughter 'saw' the alcohol, although she didn't. The witness who confirmed she was unaware of the alcohol lost his job. Let's hope her next employer does not rule her out on the basis of dismissal, and I understand her present employers should also state her glowing appraisals, exceeding of all targets and exemplary prior conduct.

[NWHC]

Re: Resign or be sacked?

The thing she should be looking for are procedural errors such as communication between her and the company , was she offered or allowed someone to accompany her to the disciplinary ( I assume it was a disciplinary and not just an investigation meeting-big difference where the law is concerned)
It would be better to follow through with attendance , maybe consider offering to resign .

Another thing to check is what sort of reference the company would give -some companies only ever give neutral references whereas some companies will go and give al the facts

It seems that no one has really asked the important questions that would be needed to give really good advice

[leclerc]

Re: Resign or be sacked?

Thanks for that DC. Not much hope of keeping the job I'm afraid, as another staff member (who kept his job, seemingly by saying what was required) said my daughter 'saw' the alcohol, although she didn't. The witness who confirmed she was unaware of the alcohol lost his job. Let's hope her next employer does not rule her out on the basis of dismissal, and I understand her present employers should also state her glowing appraisals, exceeding of all targets and exemplary prior conduct.

We've kinda kept the issue of Alcohol onto the top of the agenda but there is eating outside of lunch period and then taking normal lunch time and the other one is using a mobile phone in work.

What has she already said in regards to those issues?

She needs to tell the truth in regards to whether she was aware of alcohol on site. If another person came in at lunchtime to check a roster then yes she might be aware that she was coming into the betting shop BUT not what she was bringing with her, ie alcohol.

Food wise, well, not having breakfast and feeling faint could be a reason to eat.

Texting at work during work time, I cannot think of an obvious reason.

[mariefab]

Re: Resign or be sacked?

If your daughter is dismissed and makes an unfair dismissal claim to an employment Tribunal her employers would need to show; first that they had a reasonable belief based on the information they had acquired that she had comitted the misconduct that she was accused of and second that it was reasonable in the all circumstances to dismiss her.

I'm guessing (because she resigned) that the Deputy manager was the person who brought in the alcohol.
If so, your daughter has 2 potential witnesses (and her own word) that she was unaware that it was at the workplace. She should get written confrmation from both of them to take to the disciplinary hearing.
In circumstances where (potentially) 3 people say she didn't know and only 1 says she did it would be unreasonable for her employer to find that she knew about the alcohol.

For the cellphone use: Is there an absolute ban on all cellphone use by staff in the workplace?
If not, perhaps she could search her phone records to see if any higher management have ever contacted her by cellphone during own their working hours. Or maybe they have called her cellphone when she was off duty for some assistance and she wasn't paid for that time.

As for gulping down the salad; she may have been feeling a bit lightheaded in which case eating something is simply sensible. After all, unconcious staff cause downtime, loss of profits and may even constitute a tripping hazard. I'm sure that your daughter will also feel compelled to mention when discussing this that in view of all the unpaid overtime that she's done during her time there she was quite shocked to see this added charge.