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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I am currently on suspension from work accused of gross misconduct

Customer Question

I am currently on suspension from work accused of gross misconduct and been asked to attend a disiplinary meeting i am innocent but it seems my colleages have gone against me can you please advise me of what i can do and also if i am fired how will this affect me looking for other emplyment i am very worried and feel my character is being put in disrepute
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is***** am a solicitor and I am happy to help you today. How long have you worked there for?
Customer: replied 1 year ago.
Thankyou so much jenny i have been there for around 15 years
Expert:  taratill replied 1 year ago.
What is the allegation against you and why has the colleague gone against you?
Customer: replied 1 year ago.
I have been accused of attempting to leave without paying for goods although i told my manager i was doing so and was going to pay for them which i had done before
but he has denied this and i have just received my disiplinary appointment of which contained some statements from my colleagues at work to say i had done this on numerous occasions which is totally untrue
Expert:  taratill replied 1 year ago.
Ok thanks, ***** ***** any particular reason your manager would want to do this / get rid of you?
Customer: replied 1 year ago.
When i first started at this employment it was a family run buisness and i have never had any suspension or disiplinary in all this time of being there as from last november the son of the family took over and everybody seemed to change in their attitudes to each other and i have not felt comfortable there have felt like staffing was being monitored as to who they could get rid of
Expert:  taratill replied 1 year ago.
Ok well if you believe this is them setting you up then you can raise a grievance. It is difficult though because if you have no evidence then the employer can establish reasonable belief and terminate your employment. This would clearly have repercussions on future job prospects. You could offer to resign if they agree not to mention this in a reference request. If you have any further questions please do ask. IF I have answered your question i would be grateful if you would be so kind as to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Sorry i havent introduced myself my name is ***** ***** i am very worried that this may affect me finding other employment
Expert:  taratill replied 1 year ago.
Hi Jill can you see my answer above?
Customer: replied 1 year ago.
Yes i can ty
Expert:  taratill replied 1 year ago.
hi is there anything further you would like to know?
Expert:  taratill replied 1 year ago.
Jill if there is anything further you would like to know please ask. If I have answered your question I would be grateful if you would take the time to rate my answer before leaving the site thank you and all the best.
Customer: replied 1 year ago.
Im so scared i dont know what to do i have no evidence and it seems its my word against theirs
Customer: replied 1 year ago.
Can you tell me what happens if i dont attend the meeting
Customer: replied 1 year ago.
Are you still there please
Expert:  taratill replied 1 year ago.
Hi sorry i got called offline.they can make a decision in your absence if you are not there. You are better off attending and putting to them that you think you have been set up.
Customer: replied 1 year ago.
I think i am going to resign as i have no evidence to prove it was a set up although i know it is and try and get on with life and find more work as stress of it all is making me ill and i also have a daughter dying of cancer so more stress i dont need
Expert:  taratill replied 1 year ago.
Do you take time off to care for your daughter? Do you think that this could be the cause of the stitch up?
Customer: replied 1 year ago.
I have only taken odd days here and there to go hospital appointments it could be part of it
But i do think a lot of it is to do with im not wanted there now and everyone seems to be falling over themselves to please the boss its just making me feel ill
Expert:  taratill replied 1 year ago.
why don't you think you are wanted there?
Customer: replied 1 year ago.
It is a family run buisness and apart from me all other staff are either family or close freinds and i beleive the new boss who is son of old boss is bringing his girlfreind and her family into the new buisness although i have no evidence i have been a loyal employee all these years and feel very let down
Customer: replied 1 year ago.
People who i thought were colleagues and freinds turn out they are not
Expert:  taratill replied 1 year ago.
Ok if you believe that caring for your daughter could be part of it then you could possibly claim that it amounts to associative discrimination that they are setting you up. If you cannot go through the stress of the hearing then you can resign with immediate effect. The slight concern is that if you do that and you need a reference from them they can refer to the fact that you resigned because you would have been dismissed otherwise. You can tell them that you will resign if they will agree a form of reference which does not refer to the proposed disciplinary action. if they just want rid of you then they will probably agree this. i would be very grateful if you would now rate my answer as I am not otherwise paid for working on your question. I am happy to answer any further questions you may have.
Customer: replied 1 year ago.
Just one more question please if resign before the meeting do i still have to attend
Expert:  taratill replied 1 year ago.
no you can choose not to attend. They can, in theory, hold the meeting in your absence but are unlikely to do so.
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you so much for your help and advice i really appreciate it and of course will rate for you i feel somewhat better now thankyou again
jill
Expert:  taratill replied 1 year ago.
no problem Jill all the best with it. I am sorry you are going through this with the worry of your daughter. Thanks for the rating : )
Customer: replied 1 year ago.
Thank you for your thoughts and your help ūüėä
Expert:  taratill replied 1 year ago.
no problem.