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Help or advice for a workplace disciplinary

LexTalionis

Hi I'm Neil, I'm new here, so basically I have a disciplinary for gross misconduct coming up at work, I left work 2 hours early and didn't inform anyone, they have me on 4 charges, breach of trust, breach of health and safety, claiming wages not entitled to and fraud (for the wages) seems like a total stitch up, I didn't leave work to cause these issues, I left as an extreme response to an overwhelming decision, its well documented at work i have ASD and ADHD, my question is, what are my chances of beating the disciplinary and keeping my job, this incident was completely out of character, work knew I was struggling mentally since my diagnosis, or worse than I was before at least, I am terrified of losing my job of 7 years because of one silly mishap that was so out of character, it was a poor decision made due to stress and my ASD, the anxiety is killing me, my counsellor will be attending with me he also an ASD specialist, I'm hoping this may help, and advice would be appreciated so much, thanks for reading 

Parents
  • LexTalionis said:
    I have a disciplinary for gross misconduct coming up at work, I left work 2 hours early and didn't inform anyone

    This in itself is not such a big deal unless in doing so you endangered others (eg if you were the "spotter" for incoming trains for a rail track repair team) or if you caused the company to suffer a significant loss (eg they lost a multi milion pound contract because you missed a deadline).

    I assume you notified your manager as soon as you could - if you didn't then it is going to look like you were trying to hide it which makes it harder to defend. If you did thell them then it is their resposibility to amend your attendance record and adjust pay accordingly, so this could explain the 2nd and 3rd charges.

    I would make sure you have the record of contacting your boss to back up your case.

    Did you notify your employer that you are autistic? This would cover you to a degree for the situaiton as you can claim it is a known aspect of the condition.

    I see only 2 practical approaches for you here - one is to apologise profusely, point out your perfect record and ask for mercy. The other is to lawyer up and defend youself with them as your representative in disciplinary meetings. This can be done on a video or audio confetence.

    The lawyer / solicitor approach will be expensive and if you didn't notifyy your manager of your early finish or advice the company of your autism then you will be at a disadvantage already.

    I would also check the company handbook about disciplinary processes and understand the details on how these processes work so you are educated going into it and can have all the defence you can muster.

    From their reaction to this (ie attacking rather than being supportive) I get the feeling they want you gone so I would already be looking for another job to get ahead of the curve. Keep all communications between you in case you decide to sue but expect the worst while hoping for the best.

    I think I managed to avoid making explicit legal advice here because that is forbidden by the NAS rules, but hopefully it has been of use.

    Good luck

Reply
  • LexTalionis said:
    I have a disciplinary for gross misconduct coming up at work, I left work 2 hours early and didn't inform anyone

    This in itself is not such a big deal unless in doing so you endangered others (eg if you were the "spotter" for incoming trains for a rail track repair team) or if you caused the company to suffer a significant loss (eg they lost a multi milion pound contract because you missed a deadline).

    I assume you notified your manager as soon as you could - if you didn't then it is going to look like you were trying to hide it which makes it harder to defend. If you did thell them then it is their resposibility to amend your attendance record and adjust pay accordingly, so this could explain the 2nd and 3rd charges.

    I would make sure you have the record of contacting your boss to back up your case.

    Did you notify your employer that you are autistic? This would cover you to a degree for the situaiton as you can claim it is a known aspect of the condition.

    I see only 2 practical approaches for you here - one is to apologise profusely, point out your perfect record and ask for mercy. The other is to lawyer up and defend youself with them as your representative in disciplinary meetings. This can be done on a video or audio confetence.

    The lawyer / solicitor approach will be expensive and if you didn't notifyy your manager of your early finish or advice the company of your autism then you will be at a disadvantage already.

    I would also check the company handbook about disciplinary processes and understand the details on how these processes work so you are educated going into it and can have all the defence you can muster.

    From their reaction to this (ie attacking rather than being supportive) I get the feeling they want you gone so I would already be looking for another job to get ahead of the curve. Keep all communications between you in case you decide to sue but expect the worst while hoping for the best.

    I think I managed to avoid making explicit legal advice here because that is forbidden by the NAS rules, but hopefully it has been of use.

    Good luck

Children
  • in reply to Iain

    It is well documented thatvi have these conditions at work, and the whole matter stems from me leaving work without informing anyone, i had a fight or flight moment during what felt like the start of burnout and I left, we had 2 weeks off then when I came back I was asked if I'd left early that day and I admitted I did and gave my reasons, they paid me after I admitted I wasn't there after 13:30, I finish at 3 so it was only an hour and a half, I didn't do it to be deceitful or cause harm or breach of trust it was an extreme response to an overwhelming situation totally out of character and up to that point I had a good record within the company