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Question re:disciplinary

Probably thought you were a stoner who was just stopped burning the place down by a fluke and if he was in the same building might take against you.
Still he should either represented you honestly or got someone else to do it .Hope he gets sacked as a rep for it ,but,cant see how you can save your job :(.
 
dylanredefined said:
Probably thought you were a stoner who was just stopped burning the place down by a fluke and if he was in the same building might take against you.
Still he should either represented you honestly or got someone else to do it .Hope he gets sacked as a rep for it ,but,cant see how you can save your job :(.
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It was a shit thing to do as a Rep, but there's probably little the Rep can do if a precedence has already been set.
 
I'm really tempted to phone the cunt and and ask why hes given a statement against me

I don't think it would do me any good though
 
if his statement is factual then whats the issue? or are you expecting himto lie for you. of course seeing his statement would help you here a lot. but if it says you had a lighter and you did then thems the breaks.

if you had a lighter in a prohibited place that contained solvents etc then tbh you dont really have a leg to stand on.

cant understand why they refused the resignation though much easier for them... unless HSE have become involved and they need to show them that they are ripping someone a new arsehole in order to reduce the fine they get.

either way you are fucked tbh

eta

if they have a disciplinary process and havnt followed it then they are not in a great position either
 
Out of interest, what were the circumstances of the search? And how was the evidence handled?

Anyway, get thee to the CAB or a solicitor.
 
MikeMcc said:
Anonymous statements are inadmissable for any disciplinary hearing, as is hearsay. You should also entitled to an investigatory hearing where you get to see and keep a copy of any evidence. How can anyone expect you to defend yourself when you don't know what evidence is being produced.

.
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I have phoned them about missing statements which they say will be sent to me in due course and the hearing will be adjourned if neccasary

Also have spoke a union rep.I may be able to hand in my resignation with a reference if i'm lucky
 
Pingu said:
if you had a lighter in a prohibited place that contained solvents etc then tbh you dont really have a leg to stand on.

either way you are fucked tbh
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Agreed.

I'm surprised you weren't sacked on the spot to be honest.
 
badco said:
If i resign they cant give me a bad reference because no action was taken
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but they can legitmately say you resigned while under investigation ... what do you think a prospective employer is going to think on that basis
 
If you are a union member, you have a right to be represented (by law). You should contact the union HQ and get them to provide you with a rep. explaining why a ocal rep won't do.

Alternatively you may be accompanied by a work-place colleague, if you have one who will assist.

The investigation and hearing must be fair. You should be availed of the full case against you and be given a chance to respond. You should not be dismissed on the basis of evidence that has been witheld from you.

An employer cannot refuse a resignation.

You have the right to appeal against a dismissal decision.

If the dismissal is unfair and you have been employed for a year plus you have the right to take the matter to an employment tribunal.
 
What Groucho said.

You need a full and comprehensive account of why they want to dismiss you. They must give you the opportunity to respond to their points. Plus are you aware or have been trained to know all the health and safety policies of your organisation? If u are a union member get their HQ official involved.

Many work issues are won by the union on procedural grounds (even if the union member is in the wrong). Your company must follow the correct procedure even if they want to dismiss you.

Good luck.
 
Thanks for your comments

Apparentley some issues have come to light during my suspension which I have yet to be informed about

If i turn up to my hearing and they spring these statements on me am I within my rights to ask for a further adjourment?
 
Do any of the reps on here have any thoughts about this as regards to constructive dismissal? I'm thinking about the complaints process really, the union rep and the way information hasn't been handed down and like nemo says, how the search was conducted and the subsequent handling of any evidence.

And badco, if this is the third job you've lost for the same reason then you really need to have a word with yourself.
 
badco said:
OK,a friend of mine was found to have cannabis on him during work hours.A few of us were dragged into this

However,none of us were proved to be involved.During a search I was found to have my lighter in my pocket,working with solvents and paints this is not good.......and two recent sackings for the same reason
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You said this, which I took to mean you'd lost two other jobs for the same reason.
 
I assume that he means that two other people were sacked for the same offence, although that doesn't bode well for his chances.
 
if the company hasnt followed its own procedures then its in a spot of pooh tribunal wise.

however that badco issued his resignation prior to the disciplinary confuses this a bit.

which is also why I am puzzled that they havnt accepted it. their lives become much much easier if they do.

the only possible reason I could think of is if HSE were jumping all over them and they needed to show they had made an example of someone. but even so I cant really see the logic of refusing the resignation. saves them having to dismiss.


I suspect that we are not seeing the whole story tbh
 
I'm just looking for a way out of this so I can get a refference TBH

Also I know of two recent occasions where gross misconduct has only gone to final writtens
 
Pingu said:
if the company hasnt followed its own procedures then its in a spot of pooh tribunal wise.

however that badco issued his resignation prior to the disciplinary confuses this a bit.

which is also why I am puzzled that they havnt accepted it. their lives become much much easier if they do.

the only possible reason I could think of is if HSE were jumping all over them and they needed to show they had made an example of someone. but even so I cant really see the logic of refusing the resignation. saves them having to dismiss.


I suspect that we are not seeing the whole story tbh
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As far as i'm concerned they want to make an example ie giving a briefing along the lines of recentley an amployee has been sacked for having a lighter in a resticted area so dont anybody else dare do it!!!!

My union(GMBTU) have been pretty shit TBH i've mentioned to them its illegal for a business to refuse my notice and they thought fuck all of it

THey could accept my notice and discipline me in between

I'm trying to seek good advice regarding the fact they refused my notice(which they cant do) and (potentially) disciplined me in between
 
fair doos

so its about damage limitation rather than anything else?

i would be finding out if they are\have followed their procedures and if not having a chat to them about how it would be in their interests and much easier for them to just let you go with a reference then
 
Pingu said:
fair doos

so its about damage limitation rather than anything else?

i would be finding out if they are\have followed their procedures and if not having a chat to them about how it would be in their interests and much easier for them to just let you go with a reference then
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That is much easier said than done,I'm not a GM or CEO i'm just a warehouse opperative

Although i'm more than willing to take it as far as possible because I've nothing to lose really.......other than my job and thats already gone

Like i've said GMBTU have been pretty fucking useless so far other than to tell me to hand in my notice and when I did and it was refused they had nothing to say.....................USELESS CUNTS!!!!!11111111111ONEONEONEONE
 
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