Looking For Advice

[Diane39]

Last Thursday whilst on duty I called my manager to let him know we wouldn't get our walk finished and would be cutting off at 2.30pm,my manager got a bit shirty on the phone and as a result of his attitude my response to him was your f*****g joking which resulted in me getting a fact finding interview.

At the meeting the DOM has said I have broke the conduct code and this will now be going to a disciplinary hearing.
I received my letter through yesterday to attend a meeting on Thursday,on the letter it states I could be dismissed as this was classed as gross misconduct - have chatted with the union chap that's representing me and he has said I have nothing to worry about, I feel this seems to have been well blown out of proportion.

Any assistance would be helpful.

[Son Of God]

You only said 'frigging' joking. Its not your fault he mis heard you but you'll have chance to fully explain at said meeting ;)

[Son Of God]

Apologies, just seen you've had FF Meeting so assume you've already actually admitted saying it. If I'm being honest, I wouldn't be surprised if they dismissed you. Not good.

[monkeymutha]

Simple. You swore at the manager because they caused you undue stress by trying to force you to work over, right!!

[Diane39]

I have had my meeting and as discussed at the meeting I did admit to saying what I said however this was not directed at anyone,I was frustrated with the situation and said what I said,this has all been put forward and a meeting has been arranged for Thursday.

I've worked for the company for 6 years and have a clean record and have never been in bother,personally i feel this has been well blown out of proportion.

[clashcityrocker]

Dismissal is a possibility.
If your office needs to reduce hours, it becomes more probable.

It was hot, you were under stress - you are very sorry.
It won't happen again.
Your level of contrition needs to be credible if you want to keep your job.

Good luck.

[rehabron]

Last Thursday whilst on duty I called my manager to let him know we wouldn't get our walk finished and would be cutting off at 2.30pm,my manager got a bit shirty on the phone and as a result of his attitude my response to him was your f*****g joking which resulted in me getting a fact finding interview.

At the meeting the DOM has said I have broke the conduct code and this will now be going to a disciplinary hearing.
I received my letter through yesterday to attend a meeting on Thursday,on the letter it states I could be dismissed as this was classed as gross misconduct - have chatted with the union chap that's representing me and he has said I have nothing to worry about, I feel this seems to have been well blown out of proportion.

Any assistance would be helpful.

Agency workers

Key points
•Agency workers are entitled to certain employment rights such as national minimum wage.
•Employers should be aware of the Agency Worker Regulations.
•Agency staff are classed as workers rather than employees.
•The Agency workers directive gives equal treatment to those who have been with the hirer for 12 continuous weeks in a given job.
•To establish the rights in the regulations the agency worker needs to be able to identify a comparator.

Agency workers are classed as "workers" rather than as employees. All workers, including agency workers, are entitled to certain rights which include:
•paid annual leave
•rest breaks and limits on working time
•the National Minimum Wage
•no unlawful deductions from wages
•discrimination rights under the Equality Act 2010
•health and safety at work.

The Agency workers regulations give agency workers the entitlement to the same or no less favourable treatment as comparable employees with respect to basic employment and working conditions, if and when they complete a qualifying period of 12 weeks in a particular job.

The regulations cover agency workers supplied by a temporary work agency to a hirer. This includes most agency workers that people refer to as 'temps'. The regulations also cover agency workers supplied via intermediaries. To establish the rights in these regulations, the agency worker needs to be able to identify a comparator.

The regulations don't cover the genuinely self-employed, individuals working through their own limited liability company, or individuals working on managed service contracts

[Diane39]

Thanks for all the replies I've had - couple of things to add,I'm not an agency worker I'm employed part time on a permanent contract and have been for 6 years.

The office I work at is under staffed at the moment and due to the cut backs are not hiring any new staff at the moment - I'll update my post on Thursday once I've heard my fate!

[kirstyx]

Hope it went in your favour its completely understandable being frustrated as you were following procedure by notifying them and they were putting pressure on you. Good luck

[Diane39]

Had my meeting on Thursday and this has been adjourned until sometime next week as I submitted further information - Dom has said it looks like it will be a 1 year serious as I swore,however he did appreciate that it was not directed at anyone and it was purely out of frustration.

I spoke to citizen advice and they more or less said that with it been a one off and not directed at anyone it would normally be some type of warning I would receive - they are saying if it's done in the heat of the moment it's not grounds for dismissal and should really have been put to bed at the fact finding interview.

I'll keep my post updated once I hear anymore.

If anyone has been in a similar situation I'd like to hear how it went for yourselves.

[Budfrog]

Had my meeting on Thursday and this has been adjourned until sometime next week as I submitted further information - Dom has said it looks like it will be a 1 year serious as I swore,however he did appreciate that it was not directed at anyone and it was purely out of frustration.

I spoke to citizen advice and they more or less said that with it been a one off and not directed at anyone it would normally be some type of warning I would receive - they are saying if it's done in the heat of the moment it's not grounds for dismissal and should really have been put to bed at the fact finding interview.

I'll keep my post updated once I hear anymore.

If anyone has been in a similar situation I'd like to hear how it went for yourselves.

I am pleased that the issue is drawing to a close but agree with citizens advice that it should never have gone this far ... in fact a quick unofficial verbal warning at the time would have sufficed in my opinion but then many mangers today simply don't have the common sense to think this way.

[Son Of God]

Had my meeting on Thursday and this has been adjourned until sometime next week as I submitted further information - Dom has said it looks like it will be a 1 year serious as I swore,however he did appreciate that it was not directed at anyone and it was purely out of frustration.

I spoke to citizen advice and they more or less said that with it been a one off and not directed at anyone it would normally be some type of warning I would receive - they are saying if it's done in the heat of the moment it's not grounds for dismissal and should really have been put to bed at the fact finding interview.

I'll keep my post updated once I hear anymore.

If anyone has been in a similar situation I'd like to hear how it went for yourselves.

I am pleased that the issue is drawing to a close but agree with citizens advice that it should never have gone this far ... in fact a quick unofficial verbal warning at the time would have sufficed in my opinion but then many mangers today simply don't have the common sense to think this way.

Agree.

Pleased its going favourable, maybe not as favourable as it should, but still favourable.

[Son Of God]

Something to remember, if you're not satisfied with whatever the outcome is, you can appeal and please keep in mind they can not give a greater charge if you do.

[Diane39]

Loads has happened since my last posting, was dismissed for Gross Misconduct, appealed this and had my meeting on Friday,phone call today,reinstated with no warnings.

It was found that the manager who I swore at out of frustration got another manager to pretend he heard me abusing him and calling him all names under the sun! After I gave my statement there was another statement supposedly from me signed saying I had said what they had said hence the reason I was dismissed,the paper work I got was different from what the appeals manager had,and there was statements I'd never seen or SIGNED! After 2 hours in a meeting the manager doing the appeal stopped it there and then as nothing was adding up,next day call to say I was reinstated with no warnings and there was no going to be an investigation into what has happened.

I've to go to a meeting on Tuesday to give my version of events,and have been told to raise a grievance against the 2 managers in question and the DOM, I'll keep yous updated with what happens.

[panch1989]

Glad to hear you've been reinstated. Hopefully these two so called managers get what's coming to them and get sacked for gross misconduct themselves. Surely falsifying statements and practically bullying you out of a livelyhood will be enough grounds to sack these worthless 'managers'