Need some advice

[midgetman]

on a diciplinary hearing to held tomorrow.

I was employed in a administration role within a small company (10 staff) that recenly underwent a directorship change. The old director also filled the role of general manager, after he left I was told to do his job (accounts/wages/hire staff etc) I have been doing this for 2 months now. Yesterday a undermanager (who I had employed) stood in front of me and verbaly abused me including swearing and then proceeded to tell me that everyone knew I was not really a manager but just pretending and she had no intentions of being under my control as she only reported to the MD. I was to say the least stunned and left the office in a state of shock and upset. I telephoned my MD some hours later to try to explain but was told rather rudely that I had walked out and therefore was sacked (having worked there for 7 years).

I sent 2 e-mails to him requesting further details but these were not replied to.

This morning when I went to work the locks had been changed and thus denied access. An hour ago I was hand delivered a letter stating that I was to attend a hearing tomorrow during which my behaviour will be discussed. I have also been informed the the MD will accomponeed by the very person that has caused this problem and I am able to tak another person as support.

What I need to know is all of this above board? can he have this person there as his "support" and do I have to attend whilst considering myself to be too stressed out?

[Ian J]

This sounds a very strange situation and I wonder if there is something that you aren't telling us as it certainly looks as if there is more to this than meets the eye as it doesn't sound like the way any responsible MD would behave.

Has this woman that abused you only been working at the company for two months ?

What caused her to abuse you in this fashion ?

What made her think that she only reported to the MD and not to you ?

Why has the MD taken her side without even hearing yours ?

Why on earth have they changed the locks ?

I'm afraid that I don't know enough about Employment Law to advise on the procedures but it's very short notice to suggest that you find someone to take with you. A union rep would be the obvious choice if you are a member of a union or failing that perhaps a solicitor but either are difficult at such short notice.

You do need to take someone even if only to act as an independent witness to what was said at the meeting and I would suggest taking copious notes too.

Sorry that I can't be more helpful but it isn't my area of expertise

[midgetman]

"This sounds a very strange situation and I wonder if there is something that you aren't telling us as it certainly looks as if there is more to this than meets the eye as it doesn't sound like the way any responsible MD would behave."

No there is nothing that has been held back. The woman has only been for 2 months, she was employed to take over from a senior admin assistant that had already given notice, she "trained under this person until the 28th of Feb and then took on the role on the 1st of this month, upto that point she had been very freindly and we worked together to formulate any changes that she wished to implement. Fron the day she took over role she became very arrogant and "bossy" towards people I put this down to it being her first senior role and she would soon grow out of it, what brought about the conflict was that she marched upto my and demanded to speak to me about some thing, however I was already speaking another member of staff and asked her to wait until I had finished, this caused her to launch into her tirade.

The possible reason that she thinks she only reports to the MD is the fact that he knows her husband (via other business) and the 3 of them go out drinking. The new MD does not have the experiance of the business and possibly only heard her side of the story when I spoke to him he had already made his mind up.

Why were the locks changed? who knows, unless he was worried that I would cause damage to the company by changing passwords etc?.

I to consider 24 hours too short notice to attend what I consider to be a foregone conclusion as he has already told me verbally I was sacked, in addition this meeting is due to take place in the office during normal hours so all the other staff would be able to see me attend.

[stratigen]

Hi,

This is all rather odd ...

You do need to discuss with a qualified Solicitor, asap.

As far as I am aware, a person cannot be 'sacked' with immediate effect unless there's been 'gross misconduct' (e.g. 'hand in the cookie jar') and, even then, it must be done in writing.

Personally, I would attend the meeting (if at all possible). You should take in a 'support person' to act as a witness. I would advise letting them talk as much as possible, and also attempt not to agree to anything in the meeting.

Document as much as possible, and get 'support' if you can (e.g. emails, statement from people that heard the disagreement). Take copies of everything, including your Employment Contract, and go see a Solicitor ...

After 2 years employment, you do get some legal protection. As it stands (bearing in mind I am not a Solicitor), I would view this as being between 'constructive dismissal' and 'unfair dismissal'.

Hope this helps.

Good luck.

SJ.

[neoseal]

A strange and sorry situation to be in. There are some employment forums on the internet, go to them they might be able to help you out.

Go to your local employment helpline or employment tribunal for further procedures

http://www.employmenttribunals.gov.uk/

Why did u leave the office?

Why didnt you call up the MD right then and there?

What about the other person whom you were talking to? Can't he or she give any evidence?

What ever the case, do not go in the meeting alone, take someone with you, and if possible take a mini recorder with you and take notes as well.

If you are telling truth and nothing but the truth then there is something fishy going in there.

Good Luck

[bwglaw]

you get more legal protection after one years service, not two. You need advice on a possible constructive unfair dismissal claim. Happy to advise if you contact us direct