Disciplinary matter
Author
Discussion

waynecyclist

Original Poster:

13,737 posts

137 months

Saturday 26th January 2019
quotequote all
Looking for help and advice please as I have never been in this situation before.

Following on from this thread: https://www.pistonheads.com/gassing/topic.asp?h=0&...

Been getting on with the job in hand but it has not been easy, feels like they have looking at everything I do, very shocked yesterday to be called into the office and suspended on the spot for more warranty issues whilst they carry out a full investigation.

What do I do in this situation, I think I know what is coming but very worried.

Thanks all

fast diesel boy

88 posts

86 months

Saturday 26th January 2019
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Get a new job. Move on.

Flooble

5,739 posts

123 months

Saturday 26th January 2019
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Agreed, they want you out - get a new job before they push you.

krisdelta

4,664 posts

224 months

Saturday 26th January 2019
quotequote all
You can:
1) Leave (clearly they want you out)
2) Get your union to intervene
3) Suggest a compromise agreement if they want you to leave - e.g. 6 months pay and you leave tomorrow and you speak positively about them, they speak positively about you
4) Go hostile and seek legal advice re: constructive dismissal / trying to bypass your rights to 16 years redundancy pay etc by firing, rather than making redundant
5) Keep your head down and hope it goes away

All IMHO, your days are numbered, it's about managing the most beneficial exit for yourself. Unfortunately some employers are scummy.


bitchstewie

64,389 posts

233 months

Saturday 26th January 2019
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What does "more warranty issues" mean?

jjones

4,479 posts

216 months

Saturday 26th January 2019
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You have been there 16 years, unless it is a gross misconduct thing they will struggle to sack you and if they do you have potential to take them to tribunal.

As you have been there for 16 years is there no one in upper management that you know/are friends with that can put in a good word for you?

Beggarall

588 posts

264 months

Saturday 26th January 2019
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Sounds like there may be more to this - why have they looked so carefully at your work? Comment from your earlier thread.

eliot said:
Seems odd to go straight to written warning over £2k for someone that’s worked there for 16 years.
I seen cockups costing ten of thousands barely get to a verbal.
Maybe you are being managed out?
Do you have any Union representation? Depends how far you want to take this - you need expert help at this stage. Could become a lengthy process - hopefully you are on full pay. Are there other job opportunities out there for you.

Jasandjules

71,995 posts

252 months

Saturday 26th January 2019
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What do you want to do? I trust you have been suspended on full pay.

Sir Bagalot

6,886 posts

204 months

Monday 28th January 2019
quotequote all
waynecyclist in a previous post said:
Attended hearing with another work colleague that I get on well with, was told that in basic terms I had failed to follow procedure and a written warning would be issued, I would add that this was the first time I have ever really been in trouble and have been with the company 16+ years.
So you went to a meeting to discuss the issues and were advised that a written warning would be issued?

If that's correct then AFAIK that's an incorrect procedure. Management have gone into the meeting with a predetermined outcome.

It's supposed to be meeting with discussion of facts/what should have happened/what should have been done. Then a break of some description so management can discuss course of action*, then they advise you of actions

  • They have to show been impartial. They can either discuss the merits of the case, or what they did that weekend having already decided prior to the meeting, but at least this way they're looking like they are listening.
As others said, hope you're keeping a diary, and looking for a new role.

Shakermaker

11,317 posts

123 months

Monday 28th January 2019
quotequote all
Sir Bagalot said:
waynecyclist in a previous post said:
Attended hearing with another work colleague that I get on well with, was told that in basic terms I had failed to follow procedure and a written warning would be issued, I would add that this was the first time I have ever really been in trouble and have been with the company 16+ years.
So you went to a meeting to discuss the issues and were advised that a written warning would be issued?

If that's correct then AFAIK that's an incorrect procedure. Management have gone into the meeting with a predetermined outcome.

It's supposed to be meeting with discussion of facts/what should have happened/what should have been done. Then a break of some description so management can discuss course of action*, then they advise you of actions

  • They have to show been impartial. They can either discuss the merits of the case, or what they did that weekend having already decided prior to the meeting, but at least this way they're looking like they are listening.
As others said, hope you're keeping a diary, and looking for a new role.
You can't have a written warning given to you in one meeting.

They can call you to an investigation meeting to get your side of the story and how that fits. Then they can decide if this warrants further action - but that would need to be a separate meeting with time in between, and held by a more senior member of management or independent manager, and you would have to be invited to a disciplinary hearing. Even at this stage, the outcome of a disciplinary can be "no further action" as the independent manager, who shouldn't have been involved in the process earlier, needs to assess the facts they've been given from the investigation meeting notes and any other relevant facts.



waynecyclist

Original Poster:

13,737 posts

137 months

Monday 28th January 2019
quotequote all
Thanks all, been taking further advice today in regards to how the first disciplinary was carried out.

I have had it confirmed in writing my suspension is on full pay.


waynecyclist

Original Poster:

13,737 posts

137 months

Sunday 10th February 2019
quotequote all
Just to update this matter, I am still suspended from work on full pay.

Been into work for investigating meetings twice, looks like no real issues with warranty so they are trying a different tactic involving my conduct.

StuTheGrouch

5,899 posts

185 months

Sunday 10th February 2019
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Thank them for the free time off on full pay. Use this time to get another job, any job.

Seriously, you have been given some good advice already, so I don't have much to add other than you do not need this sort of nonsense, so don't put up with it. I cannot see how they believe this is a good way to treat any employee, nothing good comes of it for them; other staff will be seeking other jobs too as a direct consequence of how you've been treated.

Muzzer79

12,680 posts

210 months

Sunday 10th February 2019
quotequote all
waynecyclist said:
Just to update this matter, I am still suspended from work on full pay.

Been into work for investigating meetings twice, looks like no real issues with warranty so they are trying a different tactic involving my conduct.
To clarify, have you actually worked at this company for 16 years, continuously?

If so, speak to a lawyer and get proper advice

They clearly want you out, but with proper advice you get a suitable payoff.

Jasandjules

71,995 posts

252 months

Sunday 10th February 2019
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If you want to negotiate an exit, do let me know.

Hammer67

6,337 posts

207 months

Sunday 10th February 2019
quotequote all
waynecyclist said:
Just to update this matter, I am still suspended from work on full pay.

Been into work for investigating meetings twice, looks like no real issues with warranty so they are trying a different tactic involving my conduct.
What is happening with regards to your work whilst you have been suspended?

Has it been simply left to pile up? Or

If it has been distributed around other employees it would indicate you have been made redundant by the back door.

spikeyhead

19,733 posts

220 months

Sunday 10th February 2019
quotequote all
Jasandjules said:
If you want to negotiate an exit, do let me know.
It's the obvious route forwards.

Jasandjules

71,995 posts

252 months

Sunday 10th February 2019
quotequote all
spikeyhead said:
Jasandjules said:
If you want to negotiate an exit, do let me know.
It's the obvious route forwards.
Frankly I would suggest that it is the only sensible route. The alternative is going to be a dismissal, trumped up or otherwise but I expect a Gross Misconduct charge to materialise in due course.

mondeoman

11,430 posts

289 months

Sunday 10th February 2019
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get a solicitor to write you a letter offering a compromise agreement and get the FOOT.

waynecyclist

Original Poster:

13,737 posts

137 months

Monday 11th February 2019
quotequote all
Hammer67 said:
What is happening with regards to your work whilst you have been suspended?

Has it been simply left to pile up? Or

If it has been distributed around other employees it would indicate you have been made redundant by the back door.
No they have employed someone new to do it (apprentice by all accounts)

Also does anyone know if you can be suspended for one issue and they then start looking at another issue ?


Edited by waynecyclist on Monday 11th February 00:45


Edited by waynecyclist on Monday 11th February 00:46