Disciplinary for Gross Misconduct

Yosiah

Yosiah

Yosiah

Associate
Joined
17 Sep 2010
Posts
1,028
Hey all. Warning, long read.

I have a disciplinary at work tomorrow for gross misconduct, because I accidentally pressed the panic button (on the tills) whilst trying to press the button that sounds a bell in the warehouse so people can come out and help with the queue. The annoying thing is the way the button is right next to the panic button, so whilst I was serving someone, I blindly tried to press the queue bell button, and hit the other by mistake.

The thing is, they have it on CCTV (you can even see the massive customer queue forming, to which we HAVE to call for another member of staff if even one person is waiting). The footage shows everything up to my waistline - so you can't see my face (but it's obviously me). It looks like my hand it purposely trying to press the button. You can't see my face and the reaction I had when I thought I might have pressed it by accident, so the footage is actually quite mis-representative of what really occurred. It looks like I am fiddling with it, but I'm simply in a state of "oh ****" and trying to work out whether I could have pressed it or not.

This is the second time since the store opened in August that someone has pressed it by accident. The first person didn't even get a disciplinary like I am, but I guess my CCTV footage is making it look deliberate. The first person to press it actually pressed it on purpose, going "Ooo whats this do".

A supervisor has also made a statement saying that, one day before I pressed it by accident, I came up to them and blatantly said "Can i press the panic button?" to which they replied "No you cannot". This conversation never happened, and the statement was made 17 days after the incident even happened! There was a conversation about panic buttons with a lot of members of staff, after the incident, where people were jokingly talking about pressing the panic button - in a way that takes the micky out of the possibility of someone pressing it on purpose, and why would someone do it.

Because the store has had a 6 month ban on police response - due to the second false alarm - I can only assume they are trying to label it as malicious intent, so that they can sack me and appeal for a reinstatement of service.

All I can tell them is the truth, but I am really worried about my Job security because I pay for my own tuition fees at University, and this will really affect me If I cannot find work again within the next month. Hopefully I can, if it comes to the worst.

Anyone got any tips for a disciplinary? Should I write in bullet points my side of the story, to make sure I get it all across in the meeting? I just know they will try and rush through it!

Regards.
 
Unless they can prove that you had motive to do it intentionally, I can honestly not see how they can't prove it wasn't a mistake.

Best thing you can do is prepare well, as you mentioned, write it down in order if necessary as you may be nervous when you are there.

Maybe pop along to citizens advice before hand to see what they have to say too?

Make sure you have someone in the room representing you too (your choice of person!). It'd be crap to lose your job over this, so don't let them try it. If it comes to it, inform them you will be taking it further and do just that, as if the information you have told us is accurate and that's all there is to it, I can't see how it would be anything other that unfair dismissal.

You aren't on your probation still are you?
 
No I passed the probation in November.

Thanks for the advice. I'm just going to condense my story into a few bullet points and make sure I explain it fully.

I'll post a reply tomorrow about what happened.
 
Good luck then fella. Hope it goes well.

Gross Misconduct could only be concluded if they prove it was intentional. Otherwise its just a human error and a slap on the wrist IMO.
 
I'd say demand that the supervisor who wrote that statement about you be present, explain that that series of events is an outright lie and demand that they explain themselves asking why they have falsified such a statement.
 
Go in, tell the truth, apologise, suggest moving bell button so that it can't happen again.

Hardly gross misconduct, unless they can prove that you intended to press the panic button for a laugh.
 
If you cant afford a lawyer just have a mate dress in a nice suit and whisper stuff in your ear when ever they ask you a question. That should scare them a bit.
 
I'd flat out claim that they were negligent with the placement of buttons. Not only were they negligent, but that they were aware of the negligence due to managers personally using the tills on occasions. I'd therefore suggest that serious action is taken to remedy such a problem that has now caused the store to lose it's immediate response cover - cover that is in place to provide protection to staff like you from potentially violent criminals. Following this loss has a risk assessment been completed on how they will now protect their staff if something does kick-off? If not, why not?

I'd secondly question why this supposed 'conversation' was only documented a week after the incident. If it had really taken place then surely he should have reported it up the chain. Surely you should have been reprimanded at that point? When exactly did this occur - was anyone else present? If not, isn't that just a little convenient. Has this manager ever been subject to grievances himself? Request a copy of any complaints ever made against them before the meeting so that you can properly prepare your case.

Thirdly, do you have the details of the customer who was at the till when you pressed the button? Surely they can provide a statement to say that your reaction was clearly one of distress rather than of amusement.

Finally, why do the cameras only show your bottom half? Surely the cameras should show the totality of the till so that, if you are punched in the face, it is recorded. Why are the security team putting financial crimes above crimes involving bodily integrity?

Make it very clear that, if the grievance is substantiated against you that you will find it an impossible environment to continue working in because (a) you will feel victimised and (b) you will be constantly worried of the same accident occurring in the future by you or colleagues (who now share your concerns). As such, you would consider any finding against you as constructive dismissal and would have no option, but to pursue the matter through an employment tribunal.

The most important piece of advice - TAKE SOMEONE IN WITH YOU. This can be almost anyone, but you want someone to be able to verify what was said and by whom.
 
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I think you are entitled to have someone else with you during a disciplinary, preferably a solicitor or a union rep if you are in one, but even if it's just a colleague it's better than nothing.
 
greengiant said:
Best of luck, try and get a union rep / work colleague to attend the meeting.
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+1

Never attend anything like this alone always take someone with you in the end of the day they are your witness to the proceedings.
Oh and gross misconduct does not always end in the sack but at best if found guilty you will walk away with a final written warning .... good luck.
 
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Be wary of the 'lying' or 'negligent' route unless you've got solid proof to back it up, they are unlikely to help you that much. (For the lying approach, you need witnesses, for the negligent approach, examples that similar things have happened before in error and the issue has not been resolved).

Accusing the supervisor of lying will look very 'aggressive defensive' and you'll effectively
force them to make a judgement call on whose testimony is more likely true and who has the most to gain from making the claim. It is unlikely to come out in your favour unless there's other politics involved.

Go in, keep calm, tell the truth, apologise, suggest the button is moved or that there is a safety cover fitted over it that has to be flipped open before the button is pressed, and I would be very surprised if it goes down for gross misconduct rather than misconduct at the end of the hearing.
 
How long have you worked there for?

I'm pretty sure that if it's less than 1 one year then your rights against unfair dismissal are pretty limited.
 
It's very difficult to prove 'intent'. I'd hold onto that fact, tightly!

Good luck, let us know how you get on.
 
Tell the truth. That's all you can do. And take someone with you, ideally a solicitor, failing that a union rep, failing that a trustworthy colleague.

Take notes of what is said in the meeting. It wouldn't be entirely unheard of for things to be said in a meeting that aren't accurately reflected in the notes of the meeting. It might annoy them, but you have to do what you can.
 
By the sounds of it, these panic buttons are of single push variety? (ie: one red button). Was this a recent installation? if so, they should have been upgraded to at least grade 2 double push panic buttons.


Because the store has had a 6 month ban on police response - due to the second false alarm - I can only assume they are trying to label it as malicious intent, so that they can sack me and appeal for a reinstatement of service.
Click to expand...

Wrong. You get three lives in a rolling 12month period. The police vary rarely accept appeals.
 
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