Question re:disciplinary

[badco]

If anyone can offer advice it would be greatly appreciated

I'm facing dismissall at work on health and safety grounds

I have some questions.....Union rep has actully given evidence against me so i won't trust them

1:An anonymous witness statement has not been sent to me,is this reason for me to ask for the hearing to be adjourned until I can read it and offer a rebuttle

2:I handed in my notice this morning but it was rejected because of the ongoing investigation,is this legal?Can a resignation be rejected on these grounds?

3:Many of the statements given are not factual and just hearsay/personall opinions.How does this affect?

I want to delay the outcome for as long as possible so that I can use the company as a good reference

Any help is very much appreciated

 

[badco]

Also,how much time is required by law for me to assess statements before I attend the disciplinary

It's scheduled for 1100 on friday 3rd

 

[Bahnhof Strasse]

Post your resignation with one month's notice, call in sick for a month

 

[colacubes]

I can't offer any useful advice but I'd suggest you ask a mod to move this to the Education and Employment forum. It'll get swamped in randomness here and all the people who might be able to help you are much more likely to pick up on it

 

[badco]

Post your resignation with one month's notice, call in sick for a month

they rejected my resignation

Another question

Can a union rep disclose information I gave him when he was repressenting me
?
The fact my union rep has given evidence aginst me while he was supposed to be acting on my behalf has really upset me

 

[badco]

r8 how dya copy n paste on a laptop?

 

[marty21]

they rejected my resignation

Another question

Can a union rep disclose information I gave him when he was repressenting me
?
The fact my union rep has given evidence aginst me while he was supposed to be acting on my behalf has really upset me

get another rep, if there isn't one on site, go to the union and ask them to find another rep

 

[treelover]

Some union reps who post on P/P may know

 

[longdog]

2:I handed in my notice this morning but it was rejected because of the ongoing investigation,is this legal?Can a resignation be rejected on these grounds?

No.

A company cannot refuse a resignation.

You can't be forced to work for a company so you can quit on the spot if you like and there is nothing they can do about it really. You might be contractually obliged to give a certain amount of notice but in practice there is nothing they can do except withhold outstanding pay / accrued holiday entitlement. They could conceivably sue you but they won't particularly if you could bring an action for constructive dismissal which, from what you say, you could very well do.

Regardless of company policy a dismissal hearing has to be fair and not giving you a chance to prepare a rebuttal would probably be considered by a tribunal to be unfair.

 

[quimcunx]

Yep, phone the actual union and ask for another rep asap. Tell work they'll have to delay until you have another representative and time to prepare with them.

 

[longdog]

they rejected my resignation

Another question

Can a union rep disclose information I gave him when he was repressenting me
?
The fact my union rep has given evidence aginst me while he was supposed to be acting on my behalf has really upset me

I've been shit on by a union rep before which is why I've refused to join the TGWU since even in strongly unionised places.

It's not unusual for union reps to go native in my experience.

 

[badco]

No.

A company cannot refuse a resignation.

You can't be forced to work for a company so you can quit on the spot if you like and there is nothing they can do about it really. You might be contractually obliged to give a certain amount of notice but in practice there is nothing they can do except withhold outstanding pay / accrued holiday entitlement. They could conceivably sue you but they won't particularly if you could bring an action for constructive dismissal which, from what you say, you could very well do.

Regardless of company policy a dismissal hearing has to be fair and not giving you a chance to prepare a rebuttal would probably be considered by a tribunal to be unfair.

Is that 100% they cannot reject my resignation efen with ongoing disciplinary proceedings

I have phoned the Union but there closed until tommorow

 

[claphamboy]

The fact my union rep has given evidence aginst me while he was supposed to be acting on my behalf has really upset me

I am not surprised! I think I would have to punch his fucking lights out! What a total cunt!

I think you need to contact someone higher up in the Union.


BTW - what are they claiming you have done?

 

[cesare]

Kinell.

Right, spell it out. What the fuck are they saying you have done? No 'health and safety grounds' obfuscation - what are the allegations?

 

[marty21]

Is that 100% they cannot reject my resignation efen with ongoing disciplinary proceedings

I have phoned the Union but there closed until tommorow

tbh, it's a lot less hassle for them to let you resign, rather than go for a disciplinary, I don't understand why they would refuse the resignation

 

[xes]

and if you're getting the boot for HnS issues,are they really likley to give you a decent refernece?

 

[cesare]

tbh, it's a lot less hassle for them to let you resign, rather than go for a disciplinary, I don't understand why they would refuse the resignation

Either a point of principle that might form a precedent going forward, or someone with a personal axe to grind.

Not enough info

 

[badco]

Kinell.

Right, spell it out. What the fuck are they saying you have done? No 'health and safety grounds' obfuscation - what are the allegations?

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

 

[badco]

and if you're getting the boot for HnS issues,are they really likley to give you a decent refernece?

If i resign they cant give me a bad reference because no action was taken

 

[cesare]

and if you're getting the boot for HnS issues,are they really likley to give you a decent refernece?

Being on the verge of getting the boot for any reason isn't going to provide a decent reference unless negotiated.

 

[snadge]

If i resign they cant give me a bad reference because no action was taken

just walk in to the office and say "fuck your poxy job"

walk out.

job done.

there is NOTHING they can do.

 

[Bahnhof Strasse]

They can't force you to work for them, that would be slavery. Or community service.

 

[cesare]

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

What's the industry? What are the rules? C'mon, it's like pulling teeth here. We have to know worst case so we can make suggestions for you to mitigate it.

If i resign they cant give me a bad reference because no action was taken

Doesn't work like that.

 

[cesare]

just walk in to the office and say "fuck your poxy job"

walk out.

job done.

there is NOTHING they can do.

There is nothing much they can do from preventing him/her from doing that. And if their service there was short and can be easily explained away, yeah sure, that can be done. Plus good references from other places.

But you don't know any of that yet, do you?

 

[longdog]

Is that 100% they cannot reject my resignation efen with ongoing disciplinary proceedings

Yes... 100%

YOU decide when, where and for who you work, not them.

If you want to retaliate go for something along the lines off...

Dear sir.

In view of your behaviour with reference to the improperly conducted disciplinary action against me [specify your complaints] I feel I have no option but to tender my resignation with immediate effect.

I will be taking legal advice with a view to commencing legal proceedings against the company for constructive dismissal.

Yours etc.




Keep it short and to the point, a few lines are quite sufficient and the less you say the less can be used against you at an employment tribunal. Hand it to the head of HR / your immediate boss and walk away. Don't get in to an argument or even a discussion about it, just go.


Forget about getting a good reference. The time for that has been and gone.

 

[Bahnhof Strasse]

And lay a cable in yer boss's office.

 

[cesare]

Heh.

 

[MikeMcc]

If anyone can offer advice it would be greatly appreciated

I'm facing dismissall at work on health and safety grounds

I have some questions.....Union rep has actully given evidence against me so i won't trust them

1:An anonymous witness statement has not been sent to me,is this reason for me to ask for the hearing to be adjourned until I can read it and offer a rebuttle

2:I handed in my notice this morning but it was rejected because of the ongoing investigation,is this legal?Can a resignation be rejected on these grounds?

3:Many of the statements given are not factual and just hearsay/personall opinions.How does this affect?

I want to delay the outcome for as long as possible so that I can use the company as a good reference

Any help is very much appreciated

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.

As pointed out buy other posters, no one can delay or refuse your resignation except for some exceptions (like armed forces warned for operations).

 

[dylanredefined]

So you were caught with a lighter in a place where they were prohibited ?
Can see why the rep might want to give evidence against you he is still a grade one cunt for doing it mind.
Think you are screwed really sorry to hear it.

 

[badco]

So you were caught with a lighter in a place where they were prohibited ?
Can see why the rep might want to give evidence against you he is still a grade one cunt for doing it mind.
Think you are screwed really sorry to hear it.

Why would he do that whilst acting on my behalf

Hes getting reported to union HQ anyway