Gross misconduct now !
Discussion
Welcome for any help or advice anyone can give me,long story short
I handed in my notice on monday 30th Jan for various reasons but my boss then spent half the day getting me to take my notice back and stay and after some promises of changes to make my life easier I agreed to stay.
Fast forward then to wed 1st feb and I am called into a meeting,I was a production manager and one of the girls who worked in my section had gone ill on Fri 27th Jan and we were informed by her husband she would not be back till she had seen her doctor on Tue 31st.Said lady had suffered from depression when she was laid off from her last job and has been on anti depressants all the time she has worked for us but I have never had any problems with her (or so I thought)
After her doctors appointment her husband came in and saw my boss who informed me she was very ill and he would let me know more the next day
So in my meeting on Wed 1st I am informed she is very ill with stress and depression through work and part of its down to me bullying her,I have never bullied anyone,the workspace is rather compact and several other people are within 2/3 meter,s and can hear and see everything that goes on.The ladies husband has sought legal advise and my boss seemed to imply that the husband wanted to take thing,s "legal" as far as he could,what,s brought this on or caused this I really dont know.
Told my boss I wasnt worried if it went legal as I would have plenty of witnesses from the shop floor to back me up and was quite prepared to stand up in court and tell the truth
This didnt seem to please him and he said you dont realise how ill she is and what you have done to her",Got the impression that the womans husband has spooked my boss with the talk of legals and due to me handingin my notice on the Monday i was seen as expendable.
So I was told the company could accept my resignation letter from monday with immediate affect and I go straight away,Or I could be suspended for gross misconduct pending an investigation into the claims.By this time I,d really had enough of the place so said I would leave straight away,collected my stuff and left
Been away for a few days and just got home and now have a letter from work informing me and confirming that following the meeting we had on Wed 1st that I am being dismissed for gross misconduct
That is a TOTAL lie,they accepted my resignation
So where do I stand ? where or who do I see to fight this ??? there is no way I am having this stain on my career when its a total lie and fabrication
cheers for any advice
I handed in my notice on monday 30th Jan for various reasons but my boss then spent half the day getting me to take my notice back and stay and after some promises of changes to make my life easier I agreed to stay.
Fast forward then to wed 1st feb and I am called into a meeting,I was a production manager and one of the girls who worked in my section had gone ill on Fri 27th Jan and we were informed by her husband she would not be back till she had seen her doctor on Tue 31st.Said lady had suffered from depression when she was laid off from her last job and has been on anti depressants all the time she has worked for us but I have never had any problems with her (or so I thought)
After her doctors appointment her husband came in and saw my boss who informed me she was very ill and he would let me know more the next day
So in my meeting on Wed 1st I am informed she is very ill with stress and depression through work and part of its down to me bullying her,I have never bullied anyone,the workspace is rather compact and several other people are within 2/3 meter,s and can hear and see everything that goes on.The ladies husband has sought legal advise and my boss seemed to imply that the husband wanted to take thing,s "legal" as far as he could,what,s brought this on or caused this I really dont know.
Told my boss I wasnt worried if it went legal as I would have plenty of witnesses from the shop floor to back me up and was quite prepared to stand up in court and tell the truth
This didnt seem to please him and he said you dont realise how ill she is and what you have done to her",Got the impression that the womans husband has spooked my boss with the talk of legals and due to me handingin my notice on the Monday i was seen as expendable.
So I was told the company could accept my resignation letter from monday with immediate affect and I go straight away,Or I could be suspended for gross misconduct pending an investigation into the claims.By this time I,d really had enough of the place so said I would leave straight away,collected my stuff and left
Been away for a few days and just got home and now have a letter from work informing me and confirming that following the meeting we had on Wed 1st that I am being dismissed for gross misconduct
That is a TOTAL lie,they accepted my resignation
So where do I stand ? where or who do I see to fight this ??? there is no way I am having this stain on my career when its a total lie and fabrication
cheers for any advice
talk to acas. They dont know about your company, but they do know about the rules rebgarding gross misconduct and dismissal. Check they have done everything they should have doie- timeslines, proces etc
If they havent then you have a case for unfair dismissal. You were sacked rather then resigned, so this shoudnt matter
If they havent then you have a case for unfair dismissal. You were sacked rather then resigned, so this shoudnt matter
monkey gland said:
Situation is messy. Two sides to every story and all that.
So did the handing in of your notice have nothing whatsoever to do with this woman? That may be a really hard one for people to swallow, rightly or wrongly.
agreed. no accusation intended but the timing looks really bloody iffy.So did the handing in of your notice have nothing whatsoever to do with this woman? That may be a really hard one for people to swallow, rightly or wrongly.
The reason I handed in my notice was,I suppose you could call me old school I could run the workshop off the back of a fag packet,I dont need a 6 page excel spread sheet covering the workload for the week
I know the job inside out and can just do it,we never missed an order or deadline in my time there but my boss lives and dies by excel and we had a new secatary who started giving him spreadsheets for all the jobs we had done and she ended up getting a position above me,didnt know anything about the job but everything about excel
We ended up with her coming round and asking me what we had to do every day and how we were going to do it then putting it on excel for the boss then telling everyone else what they had to do
Due to the nature of the work (motorsport related) the situation is very fluid day to day,hour to hour and constantly changing but as far as miss excel was concerned that was it for the day an people were doing what we 1st discussed in the morning.had 2 weeks of the new excel regime and was doing my head in I had a very good group of workers and they were coming to me "who,s in charge ?" "have I got to do what she said the new job thats come in is more inportant" "there,s now a verion 2 but im still down to do version 1" etc etc etc
Lifes to short for all the hassle that was being caused,being doing the job 30 years and loved every minute of it but those 2 weeks were weeks from hell so thought "sod it"
Nothing to do with the woman who was "bullied",she has worked with us for 18 months,no illness,complaints or anything.I was chatting to her husband at the christmas party and everything seemed fine and 2 weeks before she went off ill we had company appraisals and everything was fine as far as im aware
I know the job inside out and can just do it,we never missed an order or deadline in my time there but my boss lives and dies by excel and we had a new secatary who started giving him spreadsheets for all the jobs we had done and she ended up getting a position above me,didnt know anything about the job but everything about excel
We ended up with her coming round and asking me what we had to do every day and how we were going to do it then putting it on excel for the boss then telling everyone else what they had to do
Due to the nature of the work (motorsport related) the situation is very fluid day to day,hour to hour and constantly changing but as far as miss excel was concerned that was it for the day an people were doing what we 1st discussed in the morning.had 2 weeks of the new excel regime and was doing my head in I had a very good group of workers and they were coming to me "who,s in charge ?" "have I got to do what she said the new job thats come in is more inportant" "there,s now a verion 2 but im still down to do version 1" etc etc etc
Lifes to short for all the hassle that was being caused,being doing the job 30 years and loved every minute of it but those 2 weeks were weeks from hell so thought "sod it"
Nothing to do with the woman who was "bullied",she has worked with us for 18 months,no illness,complaints or anything.I was chatting to her husband at the christmas party and everything seemed fine and 2 weeks before she went off ill we had company appraisals and everything was fine as far as im aware
As someone who has suffered depression, I can understand how it is quite possible she can 'see' the situation completely differently from reality.
As above, take all legal help that is available to you and don't take it personally.
It's possible she's using you as her current 'life's treating my badly' outlet. I've done this myself.
I hope it all works out well, don't get bullied.
Edit: who's the employment lawyer on here, it sounds like you need to talk to one.
As above, take all legal help that is available to you and don't take it personally.
It's possible she's using you as her current 'life's treating my badly' outlet. I've done this myself.
I hope it all works out well, don't get bullied.
Edit: who's the employment lawyer on here, it sounds like you need to talk to one.
Edited by 0a on Thursday 16th February 00:14
I would just like to say I also suffer from clinical depression.
Yes in ph style I should MTFU.
However it is not nice to deal with yet I have never felt the need to blame my work colleagues. It is a very personal condition and my colleagues have had no effect on this. I've worked with an amazing supportive team and also worked in a call centre environment where everyone is in it for themselves. This has had no effect on me.
IMHO if you have issues, you work through them, you do not try and lay them off on your colleagues.
Actually in retrospect this completely depends on your colleagues. I took a 60% pay cut to not have to deal with
s i didnt like and live a poor happy life.
Everyone is different though.
Yes in ph style I should MTFU.
However it is not nice to deal with yet I have never felt the need to blame my work colleagues. It is a very personal condition and my colleagues have had no effect on this. I've worked with an amazing supportive team and also worked in a call centre environment where everyone is in it for themselves. This has had no effect on me.
IMHO if you have issues, you work through them, you do not try and lay them off on your colleagues.
Actually in retrospect this completely depends on your colleagues. I took a 60% pay cut to not have to deal with
s i didnt like and live a poor happy life. Everyone is different though.
f1rob said:
Welcome for any help or advice anyone can give me,long story short
I handed in my notice on monday 30th Jan for various reasons but my boss then spent half the day getting me to take my notice back and stay and after some promises of changes to make my life easier I agreed to stay.
Fast forward then to wed 1st feb and I am called into a meeting,I was a production manager and one of the girls who worked in my section had gone ill on Fri 27th Jan and we were informed by her husband she would not be back till she had seen her doctor on Tue 31st.Said lady had suffered from depression when she was laid off from her last job and has been on anti depressants all the time she has worked for us but I have never had any problems with her (or so I thought)
After her doctors appointment her husband came in and saw my boss who informed me she was very ill and he would let me know more the next day
So in my meeting on Wed 1st I am informed she is very ill with stress and depression through work and part of its down to me bullying her,I have never bullied anyone,the workspace is rather compact and several other people are within 2/3 meter,s and can hear and see everything that goes on.The ladies husband has sought legal advise and my boss seemed to imply that the husband wanted to take thing,s "legal" as far as he could,what,s brought this on or caused this I really dont know.
Told my boss I wasnt worried if it went legal as I would have plenty of witnesses from the shop floor to back me up and was quite prepared to stand up in court and tell the truth
This didnt seem to please him and he said you dont realise how ill she is and what you have done to her",Got the impression that the womans husband has spooked my boss with the talk of legals and due to me handingin my notice on the Monday i was seen as expendable.
So I was told the company could accept my resignation letter from monday with immediate affect and I go straight away,Or I could be suspended for gross misconduct pending an investigation into the claims.By this time I,d really had enough of the place so said I would leave straight away,collected my stuff and left
Been away for a few days and just got home and now have a letter from work informing me and confirming that following the meeting we had on Wed 1st that I am being dismissed for gross misconduct
That is a TOTAL lie,they accepted my resignation
So where do I stand ? where or who do I see to fight this ??? there is no way I am having this stain on my career when its a total lie and fabrication
cheers for any advice
Quoted for posterity. I handed in my notice on monday 30th Jan for various reasons but my boss then spent half the day getting me to take my notice back and stay and after some promises of changes to make my life easier I agreed to stay.
Fast forward then to wed 1st feb and I am called into a meeting,I was a production manager and one of the girls who worked in my section had gone ill on Fri 27th Jan and we were informed by her husband she would not be back till she had seen her doctor on Tue 31st.Said lady had suffered from depression when she was laid off from her last job and has been on anti depressants all the time she has worked for us but I have never had any problems with her (or so I thought)
After her doctors appointment her husband came in and saw my boss who informed me she was very ill and he would let me know more the next day
So in my meeting on Wed 1st I am informed she is very ill with stress and depression through work and part of its down to me bullying her,I have never bullied anyone,the workspace is rather compact and several other people are within 2/3 meter,s and can hear and see everything that goes on.The ladies husband has sought legal advise and my boss seemed to imply that the husband wanted to take thing,s "legal" as far as he could,what,s brought this on or caused this I really dont know.
Told my boss I wasnt worried if it went legal as I would have plenty of witnesses from the shop floor to back me up and was quite prepared to stand up in court and tell the truth
This didnt seem to please him and he said you dont realise how ill she is and what you have done to her",Got the impression that the womans husband has spooked my boss with the talk of legals and due to me handingin my notice on the Monday i was seen as expendable.
So I was told the company could accept my resignation letter from monday with immediate affect and I go straight away,Or I could be suspended for gross misconduct pending an investigation into the claims.By this time I,d really had enough of the place so said I would leave straight away,collected my stuff and left
Been away for a few days and just got home and now have a letter from work informing me and confirming that following the meeting we had on Wed 1st that I am being dismissed for gross misconduct
That is a TOTAL lie,they accepted my resignation
So where do I stand ? where or who do I see to fight this ??? there is no way I am having this stain on my career when its a total lie and fabrication
cheers for any advice
Surely you must have done something for her to accuse you of this? Might be a genuine oversight on your part, but you might have upset her without realising?
tiredcl said:
.....Everyone is different though.
Some excellent points. I did not mean to knock people with depression (I have my own history there), but wanted to tell the OP not to take it personally and that depression can make someone see the world through a lens that may read motives into behaviour where there are none.
Deal with the issues as they are and don't take it personally.
Upsetting someone is diffrent to bullying,she was treated no diffrently to anyone else but some situations are unique to each person ,the lady in question was still a trainee as this was the 3rd diffrent job she had had in the company (other 2 were in a similar field but she had to move due to the contract ending and her initial job wasnt avalible any more,we were happpy with her and wanted her to stay so found her other work)
One of her few faults was she had almost an OCD desire that the job was right and would go over an over it again making sure its right,she has been told before that a job has to be finnished by a certain time but all jobs are easily done in the normal working day.
On the Thur before she went ill she was put on a new job (not by me) job was a VERY simple one but i know she stresses when she gets anything new and she was given advise and help through the day and she was making hard work off it half way through the day and I said to her that she shouldnt worry and just put material on the job when i saw her going over a part repeatedly she had already done,she is a very nice person but an awful worrier and it can be very hard to get someone to stop worrying even if there,s nothing to worry about !
She finnished the job on the thur night and I checked it over and it was fine,said "there that wasnt too bad was it " and the last thing she said to me was "Iknow,Iknow,I worry too much you,ll have to beat it out of me" thats a typical quirky comment from her
At no point has she ever said she cant do the job,mentioned being upset about the job or bulling and as far as I am aware all communication since the Fri has been with her husband
If doing a new job upset her i dont know,the jobs we do vary you might make 5000 of one item,5 of another and the job is always changing,you might even do several bits of diffrent jobs in one day.She has always seemed to be ok with the diffrent aspects of the job but worrys about getting it right
She has been told on many accations not to worry so much and what she does is perfectly ok
One of her few faults was she had almost an OCD desire that the job was right and would go over an over it again making sure its right,she has been told before that a job has to be finnished by a certain time but all jobs are easily done in the normal working day.
On the Thur before she went ill she was put on a new job (not by me) job was a VERY simple one but i know she stresses when she gets anything new and she was given advise and help through the day and she was making hard work off it half way through the day and I said to her that she shouldnt worry and just put material on the job when i saw her going over a part repeatedly she had already done,she is a very nice person but an awful worrier and it can be very hard to get someone to stop worrying even if there,s nothing to worry about !
She finnished the job on the thur night and I checked it over and it was fine,said "there that wasnt too bad was it " and the last thing she said to me was "Iknow,Iknow,I worry too much you,ll have to beat it out of me" thats a typical quirky comment from her
At no point has she ever said she cant do the job,mentioned being upset about the job or bulling and as far as I am aware all communication since the Fri has been with her husband
If doing a new job upset her i dont know,the jobs we do vary you might make 5000 of one item,5 of another and the job is always changing,you might even do several bits of diffrent jobs in one day.She has always seemed to be ok with the diffrent aspects of the job but worrys about getting it right
She has been told on many accations not to worry so much and what she does is perfectly ok
0a said:
As above, it sounds like unfair dismissal but you need to talk to someone - an Employment Lawyer. Perhaps a PHer will help.
Not an employment lawyer, but acas. have they followed the correct procedure? from what you've written, I dont think so. Therefore its unfair dismissal.What thay have to do,a nd what you can expect is all online. Have a look on the acas website and see if they did. If not, then take them to the cleaners. I dont think they have treated you very well at all
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