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joannem1965, Advocate
Category: Employment Law
Satisfied Customers: 264
Experience:  I am a solicitor
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I have been suspended pending a second disciplinary hearing

Customer Question

I have been suspended pending a second disciplinary hearing following a hearing taking place earlier this week. The matter being investigated is for gross misconduct and relates back to 22 November. i have answered verbal and written questions for the past many weeks that led to an invesigatory meeting that then led to the first disiciplinary hearing. i am also on a first and final warning from last june that was carried out by the same manager for both the investigation and the hearing. i also don't remember receiving anything in writing for this particular investigatory meeting. do i have any case at all here - i feel i have been victimised over several months - once including sexual references made about me in front of a party of 50 attendees at an event - that i was encouraged to brush under the carpet. i have made my employer aware of my mitigating circumstances surrounding this and the fact that i'd worked a 17 hour day the day before and my difficult personal circumstances.
Submitted: 3 years ago.
Category: Employment Law
Expert:  michael holly replied 3 years ago.

Can you tell me what the alleged misconduct is and also what happened in November?

How long have you worked there?

Yours sincerely

Customer: replied 3 years ago.

This has changed over the weeks as originally it was alleged inappropriate use of the company mobile phone and my work activities on 22 november but now they are saying



breach of trust and confidence and gross misconduct being:

frauduelent use of company expenses regarding hotel accommodation on 22/11

dishonest reporting of meeting arrangements

misuse of company time on 22/11

inappropriate use of the company mobile phone on 22/11


I organised a company celebratory event on 21 November whereby i worked some 17 hours for the company. i had assumed and also had permission to stay overnight in london. i subsequently cancelled the meeting i had first thing in the morning as from recollection my link in my calendar was not working and i couldn't find the details of where i was supposed to go. i did go to the bar with colleagues when i returned to the hotel around 11.30 until after 1.00 am which i have confirmed.


i have worked there for 4 years. i feel over the last year i have been victimised as even requesting time off for childcare given the extra hours i have worked has been turned down although other colleagues have been allowed to leave early. i was also not made aware when i began to answer questions that this was an investigation that could lead to disciplinary until the point of them conducting the investigatory meeting. i was told by my line manager the worse that could happen would be a slap on the wrist and any alleged incident was not a sackable offence.


i made the employer aware at the hearing and in fact previously of my mitigating personal circumstances affecting my situation of my brother being seriously ill and my father having suffered a heart attack two days before the event but i still felt duty bound to attend the event on 21 nov to ensure all went well.



Expert:  taratill replied 3 years ago.
Hello and welcome to Just Answer, I notice my colleague has opted out. I am happy to help you with this. please can you tell me exactly what you would like to know about this?
Expert:  joannem1965 replied 3 years ago.
Hi there saying if your employer's got any personal vendeta against you is always going to be difficult when we don't know their agenda or intentions. What I can say though is that you can't be dismissed unfairly - you're protected against that. In other words your employer's expected to undertake a fair procedure - investigation, disciplinary, reasonable response to the allegations and the like. You may've been discriminated against in the past for your child caring requests but if the employer hasn't rejected these recently then it may be too late to do anything about that as you've got some tight time limits to follow in claiming. Your mitigating circumstances could well be relevant in explaining some of your actions but they won't be a full defence. Anyhow, whatever happens you won't just be left without rights. If you're sacked you're able to go to the Tribunal to try claiming unfair dismissal - it's your right and it'll be the employers duty to show your dismissal was fair. Also as long as you're still employed by them you're able to raise a grievance with your manager if you don't agree with what they've done so far. Good luck

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