Recent content by JeffreyMills

  1. J

    Is this regarded as "gross misconduct"?

    A similar situation - staff member was rude and aggressive on a call to our pensions company. They quite rightly complained via the account manager, who asked to meet our CEO. Staff member was disciplined for the poor impression he had given of our business and wrote an apology to the call...
  2. J

    What would you do next?

    Get signed off Ask your employer about support, counseling/employee assistance. You need to talk through what has happened with a professional. No one would see time off with stress at this point, as a sign of guilt. But even if they did what does it matter? You need to be off to recover. Have...
  3. J

    Is this regarded as "gross misconduct"?

    Management will decide after taking advice from HR. It could be gross misconduct, you will have to await further information from your employer.
  4. J

    Suspended for gross misconduct

    They have determined serious wrongdoing may have occurred- and suspended whilst they investigate. That is entirely correct. They have advertised your job- they have not given it to anyone. Did you speak to ACAS at all? It would be a better use of time than developing new “theories” on what...
  5. J

    Suspended for gross misconduct

    Suspension is a neutral act. If serious wrongdoing is suspected (which it was- fraud) it is in your best interests and theirs that you are not present at work. And you don’t know that they have given your job to anyone else. They advertised it - so what? Maybe they need more staff.
  6. J

    Suspended for gross misconduct

    before the hearing takes place you should receive their evidence- paperwork, statements etc. The hearing manager does not need to hear chapter and verse about what you might have done or what might have happened if... They are looking at the facts. The facts are - you came in at short notice as...
  7. J

    Suspended for gross misconduct

    So, some time after 2 your manager asked you what time you started. You said 1ish. Or that you meant to get in at 1 but the train was late so you got in at 2. And when your time card was checked you had put 23/11. When interviewed and asked why you said you started at eleven, you were confused...
  8. J

    Suspended for gross misconduct

    Anyone can lodge a claim with a tribunal, the details from Citizens Advice, is referring you to ACAS which is the starting point. You should certainly speak to ACAS for advice around whether procedurally the interviewer was at fault, the whole investigation should be restarted, or the data...
  9. J

    Suspended for gross misconduct

    No. Someone leaving it lying around is poor, but has no bearing on your case. You need to stick to explaining that you rarely enter the time and you think you made a mistake. You need to stop “blaming” the interviewer for not saying 23. Proving that everyone else was at fault is not a defence...
  10. J

    Lies and deceit in disciplinary

    Also forget about being “made to look like a liar and troublemaker” no-one has called you that, no-one has said that and there is no way to correct or address what people think about you in any case. Of the 3 or 4 people who know about this process, two are, according to you, liars of poor...
  11. J

    Lies and deceit in disciplinary

    There is actually a simple piece of information missing- What is the reason you didn’t get the pay rise? Because, if the other two present at the review meeting said the only reason you won’t get the rise was your sickness record, and same two now deny they said this, it follows that you didn’t...
  12. J

    Unreasonable employer - advice needed

    Are they offering a settlement that is less than NMW?
  13. J

    ET tribunal help whistleblowing

    Follow up the SAR with the ICO. Yes the employer will have a different view on why you were dismissed. They will need to evidence their point of view to the tribunal. If they cannot, then all the more in your favour. You will probably need some legal advice, if you cannot find a lawyer willing...
  14. J

    Unreasonable employer - advice needed

    Karl, you seem to be on a mission to take lines out of context and expand on them. The conversation was regarding whether the employer can “pursue” the ex-employee (as they have repeatedly indicated) for such nonsense as “contacting the GP” or that they were in some way lying about being sick...
  15. J

    Is this a duty of care failure? + Leaving a company during grievance process

    Hi Karl, I did ask “did you consider...” not “did you investigate before suspending”. You seem to be doing to me what you are accusing me of ...jumping to critical conclusions. Perhaps you have successfully represented an employer at tribunal who disregards the ACAS code of practice by issuing...
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