How to deal with gross misconduct

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Nightmare.

This afternoon, my boss gave me a letter inviting me to a disciplinary hearing in a few days' time.

Although the accusation against me (from a colleague with a grudge) is something I could fight (and perhaps win), would it be better for all concerned if I just quit now to avoid any formality?

I can take or leave the job, but I'd rather leave with a fair reference than with a disciplinary black mark by my name.

Can't find any help on the net. Any suggestions or advice would be incredibly welcome.

Plod, Tuesday, 29 March 2005 18:18 (twenty-one years ago)

It's all a practical joke!

Aaron A., Tuesday, 29 March 2005 18:21 (twenty-one years ago)

I would fight it.

The Ghost of Dan Perry (Dan Perry), Tuesday, 29 March 2005 18:27 (twenty-one years ago)

Unless the accusation is justified, it is important to face the charge and do what is possible to exonerate yourself. Even if you can't bring conclusive evidence to bear, it is important that you state your view about what is true. This would include admitting small, non-egregious errors as exactly as you can.

If this is motivated by a grudge, the person is probably going to magnify your conduct, overstate his/her claims against you and (unless they are quite Machiavellian) probably overstep themsleves. The good thing about hewing to the truth is that the truth sounds true most of the time. Since you can take or leave the job, you should have minimal trouble staying calm and sensible as a witness on your own behalf. Try to stay emotionally cool.

It is worth having your version on the record and not having malicious lies follow you about for several years.

Aimless (Aimless), Tuesday, 29 March 2005 18:28 (twenty-one years ago)

Aimless completely OTM.

The Ghost of Dan Perry (Dan Perry), Tuesday, 29 March 2005 18:29 (twenty-one years ago)

Unfortunately, a lack of passion in defending yourself screws you twice. It makes it look like you are guilty. It makes it look like you don't care about your job.

M. White (Miguelito), Tuesday, 29 March 2005 18:53 (twenty-one years ago)

You need to provide us with some specifics!

Remy (x Jeremy), Tuesday, 29 March 2005 18:55 (twenty-one years ago)

If I was falsely accused of something like that I'd be freaking right out - yelling and screaming and who knows what else.

Thermo Thinwall (Thermo Thinwall), Tuesday, 29 March 2005 19:00 (twenty-one years ago)

if you've got an accusation against you and you leave now, then surely any reference would have to refer to that anyway? Reference requests often ask why you left.

How did your boss seem when he gave you the letter? Did you know anything about the accusation before your boss spoke to you? have you discussed it with him/anyone else before you got the letter?

Remy's right, you need to give us more details

Vicky (Vicky), Tuesday, 29 March 2005 19:02 (twenty-one years ago)

Maybe it's because I am watching CSI right now, but the evidence matters - can either you or your accuser prove your side? Will there be enough evidence that you can't fight to get you fired? I think if it's untrue and you can fight it successfully, you should, but if you can't, if the outcome is liable to be your being sacked for serious reasons, you might be better off getting out first.

Martin Skidmore (Martin Skidmore), Tuesday, 29 March 2005 19:18 (twenty-one years ago)

(all this advice is UK-specific btw, apols if yr an american)

any half-decent company should have a proper dispute resolution policy that they should have given you with your letter, so at least you know what the form will be, you certainly should ask for this if they haven't given it to you.

i assume it's too much to hope that you work in a unionised environment/are a member? remember you are entitled to take a friend/union rep to any hearing (i don't know much employment law, but i do know that). obviously, in the slim chance you are a member, go straight to steward, do not pass go...

the most important thing is to WRITE DOWN EVERYTHING that you can remember about the incident (or what you were doing/who saw you etc if it's entirely fabricated), and how this rebutts whatever the specifics are of the complaint. i'd advise doing this now, the longer you think about stuff the more subjective/angry you will get. alternatively you tell someone else and get them to write it down. if you've got a good friend to take with you, and you can face it, get them to cross-examine you and try and pick holes in what you're saying (of course this depends who will be conducting the hearing, are they a bastard or alright?).

also remember writing bad references is very bad form, also it depends where they're starting on the disciplinary procedure. if this is basically a formalised way of sacking you, then that's entirely different from a first warning (i'm assuming the use of the phrase "gross misconduct" in the title means it's pretty serious), but i'm also assuming they haven't suspended you.

they should give you reasonable time to get your case together (a week would be standard).

um, i think that's basically disciplinary 101. let me have a dig around and see what i can find.

CarsmileSteve (CarsmileSteve), Tuesday, 29 March 2005 19:21 (twenty-one years ago)

here's a start:

http://www.worksmart.org.uk/rights/viewquestion.php?eny=242

and the full TUC leaflet on your rights at disciplinaries:

http://www.tuc.org.uk/tuc/rights_alone.cfm

CarsmileSteve (CarsmileSteve), Tuesday, 29 March 2005 19:26 (twenty-one years ago)

My Troll Sense is tingling.

Curious George Finds the Ether Bottle (Rock Hardy), Tuesday, 29 March 2005 19:27 (twenty-one years ago)

also i'm away the next couple of days so won't be able to see how this progresses, sorry like. there's always the Citizen's Advice, and don't forget about your own personnel/HR department, even if they're not exactly sympathetic, they should be able to give you practical information about any hearing (it's not in their interests to not give you it, if it all ends up at tribunal you see).

anyway, best of luck ;)

(william, it seems a pretty reasonable question, no trolling afoot so far, unless i'm missing something)

CarsmileSteve (CarsmileSteve), Tuesday, 29 March 2005 19:31 (twenty-one years ago)

Thank you CarsmileSteve - I can't tell you how much that means to me at the moment.

Plod, Wednesday, 30 March 2005 09:30 (twenty-one years ago)

WHAT'S MY NAME?

okay don't ask that. but the previous advice is perfect.

hstencil (hstencil), Wednesday, 30 March 2005 09:37 (twenty-one years ago)


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