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What do I do? advice please

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Itchy
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PostPosted: 20:08 - 13 Nov 2008    Post subject: What do I do? advice please Reply with quote

I'm currently not able to think 100% straight, and thus turn to the vaulable opinions of the mighty BCF crowd ,but what would you do?


I am probably going to be fired next Friday, I received a letter confirming that I am to attend a company disciplinary namely for the BS jobbie that nobody in the company could do, and lots of petty points some of which are fair many of which are not.

A bit of background, first so you can mull properly, I currently own NOTHING of monetary value , and have NO obligations NO debt, NO loans , NO family to look after , no mortgage, nothing , bar my own existance, and some good friends in the UK and a cat I have part time.

I now have 4 distinct options , almost all of which are XOR for you programmer types..


Arrow #1 Go to this disciplinary

Try not to get fired (one of the bosses seems utterly to have knives for me I am fine with the other ones), and there were many petty points which are baseless. I ceased caring about this job a while ago, but its an income and keeps a roof over my head and food in my belly. But I am severely demoralised currently. Keep my head down for 7 months and then carry out plan 4. I believe the company is in trouble we keep getting paid late...

Arrow #2 Quit and go to job A, B or C

Which I applied for today similar to what I am doing now for 7 more months to get my experience requirement for my ACCA qualification (I need 36 months I currently have 29 , in reality I should have 37 but I upset one of my previous bosses and they denied I had ever worked there). 2K instant pay cut.

Wilder options:

Arrow #3 BIG TOUR

Buy a DR350 and go touring for 6 months to a year ie my big one which I intended to do in 2010 or defered it till much later on in life, and spend up to 1/2 what I have left in reserve. I might not enjoy it though as I would be worrying about what I'd come back to. Maybe follow Nath next year maybe go on my own, the timing isn't right though winter in Europe is soon and Rainy in Africa and freezing on the Russian Steppe.

Arrow #4 Target Asia

One way ticket to Asia, and go there looking for a job of some kind, to move in with my dad and go back into education while doing a part time job of some type while I study. And hold the big beer fest/fireworks/barbie farewell Itchy party I had a weird dream about a few days ago.

Which is something I intended to do around the end of 2009 mid 2010 anyway. And stay out there for a few years. I have lived in Hong Kong but I have never worked there and thus my preconceptions of the place maybe idealised.


Your thoughts greatly appreciated.

Thanks.
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The Shaggy D.A.
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PostPosted: 20:17 - 13 Nov 2008    Post subject: Reply with quote

How old are you, and how long have you been with the company?
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hellkat
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PostPosted: 20:57 - 13 Nov 2008    Post subject: Reply with quote

Bugger, that sucketh.
Now, normally I would advocate buggering off into the wild blue yonder, but it IS winter, and you DO need sevenmonth to finish off your qual.

So I'd advocate no. 2 (but not quit if you can manage it - seems as if they are going to take you out anyway, try to line something up whilst they do and whilst you fight them in court). Jobs are hard enough to find right now, but if you can get one and keep it (even beyond the seven months) then take that option. You are so close to completing that qualification which is SO exportable, you may as well stay put in the field if you can and finish it, and then you can take it with you anywhere in the world.

As you have no ties, you have plenty of time/space/freedom to do what you want in your life very soon and indeed quite shortly, but you may as well make it easier to get around under your own steam, by getting the qualification properly under your belt.

I wouldn't bother sticking round at the place you are. Go to the disciplinary, but investigate your options regarding unfair dismissal and/or redundancy, and swipe them for what you can get. As you say, if they're paying wages late, thats a worrying sign of their financial health anyway. Let that option take its own course.
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LeeR
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PostPosted: 21:37 - 13 Nov 2008    Post subject: Reply with quote

Regarding the disciplinary hearing, if you've been continuously employed by your current employer for 2 years then you have rights. You cannot be sacked without reason or due process, unless you have engaged in gross misconduct. Gross misconduct, can be a bit slippery to pin down but is usually defined as criminal activity, sexual misconduct, bullying, computer misuse and anything else proscribed by your contract and/or terms and conditions.

If the disciplinary hearing is over a more trivial matter then the usual process is one or more verbal warnings with expiration, written warning with expiration, and final warning followed by a hearing. The expiration is your protection within law, a verbal/written warning usually last 3 months and after that the whole process must start again.

It's rare to go straight to a disciplinary hearing and dismissal.

You can request an independent witness at the hearing, you can take notes and/or record the hearing, and you should not be denied these rights.

If however, you have less than two years service you don't really have a leg to stand on and they can dismiss you at any time, with notice in writing, and they don't have to disclose a reason.

The usual excuse is "work not up to standard" etc...

EDIT: oh option 3 with a big coat Thumbs Up
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msgander
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PostPosted: 21:43 - 13 Nov 2008    Post subject: Reply with quote

Much more information required PM ME!!

What are you being "invited" to the meeting for?

Do you have a contract of employment? Have you had reviews recently on your performance or ever?

Cannot take independant witness as such to the meeting, it should specifically state work colleague or trade union member....unless they have stated otherwise, did they state this in invite letter, if not, they have cocked up on procedure.

HOw long have you worked for them?

HOw serious is your "crime"???
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LeeR
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PostPosted: 21:48 - 13 Nov 2008    Post subject: Reply with quote

Yeah when I said independent witness I meant an employee, mentor, line manager, union rep etc... within the company not involved in the disciplinary process.
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Tonka
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PostPosted: 22:11 - 13 Nov 2008    Post subject: Reply with quote

Oops! Welcome to the wonderful world of finance - bunch of knobs if you ask me!

Being a PQ ACCA myself, I'd definitely say do anything you can to get it all finished, so that means either option 1 or 2. I can't emphasise how important this is, as the job market is so pernickety about those qualifications and you're too close to let some vindictive individual mess that bit up for you. Do what you have to in respect of option 1 - take good advice as they can still mess up your work history if they want to be spiteful.

Get your official sign-off and options 3 and 4 will be there for the taking whenever you wish and getting work will always be straight forward.

Just my Penny Coin HTH
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D O G
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PostPosted: 13:25 - 14 Nov 2008    Post subject: Reply with quote

I cannot stress enough how important it is to get your qualification. Once you have it, people will hire you just because you have it, interviews become largely a formality.

Personally, I would try and stay where you are - AFAIK you have a fairly scattered employment history - and moving too much looks bad.

Put your pride away, take it up the ass, keep your job, then give them the two fingered salute in 7 months time when you walk out with your certificate.

Oh, and maybe try to keep a bit of a lower, less confrontational , profile in your next job. Wink
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rotax81
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Joined: 10 Sep 2008
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PostPosted: 13:27 - 14 Nov 2008    Post subject: Reply with quote

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MarJay
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Joined: 15 Sep 2003
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PostPosted: 14:12 - 14 Nov 2008    Post subject: Reply with quote

Speak to Stick, she does HR stuff, and she can tell you what the rules are and stuff.

Generally though, if you think you've been given an impossible task and then are disciplined for it, and you've been in the company for a year or more, you could potentially get them done for constructive dismissal.
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Itchy
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PostPosted: 21:22 - 14 Nov 2008    Post subject: Reply with quote

Thanks for all the advice folks... Karma

and I'm late 20s , been there 19 months , but I sort of 'found' 3 extra months so I only need 4 more months , (its ok all legit since it was under an FCA but not in practice and I thought it didn't count but apparently it does).


Looks like grin and bear it for just a while longer is the key, its annoying as I have all the practical experience requirements ALL 20 of them , and all my exams (but studying for something else).

And if I do get fired I have 2 offers on the table, and will just sit tight until I get those 4-5 extra months and go riding into the sunset on a DR350.....

thanks again.
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Itchy
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PostPosted: 14:00 - 17 Nov 2008    Post subject: Reply with quote

It appears as there are interviews penciled into the partners diaries this wednesday and the invite on Friday , looks like its a fait a complit and its a done deal...

Oh well never mind then , guess I'll have to go elsewhere and take it from them for another 6.5 months.
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.
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LeeR
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PostPosted: 19:36 - 23 Nov 2008    Post subject: Reply with quote

Itchy what happend, any update?
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Clanger
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Joined: 27 May 2004
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PostPosted: 19:56 - 23 Nov 2008    Post subject: Reply with quote

Go for it, Itchy...you've been dying to get out of here for yonks, take the redundancy and hop skip outta here...go see the world. If you end up in Peru, gimme a call and I'll visit Machu Piccu with ya! Thumbs Up
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Clanger
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PostPosted: 19:58 - 23 Nov 2008    Post subject: Reply with quote

If you end up in northern Thailand, I'll give you the contact details of the English teacher of the school where I volunteered.
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sickpup
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PostPosted: 13:43 - 25 Nov 2008    Post subject: Reply with quote

Why don't you just do what you really want to do and take a year out and be a courier?
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carlnicholson...
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Joined: 13 Mar 2005
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PostPosted: 23:19 - 25 Nov 2008    Post subject: Reply with quote

Mate think EPIC!

Probably never again in your life will you have the freedom of choice you do now. The entire fucking world is your oyster. Depending on your level of savings, tell your boss his wife is a cock sucking whore, his children are the spawn of satan and to shove his pathetic job up his stinking backside. (OK, maybe no need to go that far but it would be fun)

Get a easy part time job to get a bit of cash in, find a suitable bike, spend a month modding it to suit requirements, make what ever plans are required and head south until either;

A: The money runs out (obviously leaving a reserve to get back if need be)

B: You find somewhere you like a decide to not come back

C: You suddenly feel 'satisfied' with your achievement and set upon a plan to get your life on track and come home

or D: Who the fuck knows?

It's an adventure in it purest terms, you'll never know what'll happen next, might be shit, might be awe inspiringly life changing. Which ever, you look back on it with a smile and be a better person for it.

Your call matey, but I know what I'd do if I were you, and by god do I wish I was!

P.S. If you do choose a DR, let me know and I'll help you with it if you like. Love them I do, learned a bit about the varities, strengths and weeknesses when I researched mine.

Karma Thumbs Up Wink
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Itchy
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PostPosted: 21:10 - 27 Nov 2008    Post subject: Reply with quote

Disciplinary... went in defended myself , pretty well I think as many of the things were contradictory orders, do this , what I told you to do THIS , (opposite of the original order)...bit my tongue for well over 2 hours of being slated , nodded and tuned out completely.

Many points were petty , some were valid (about 2) many were not...

Walked out with a final written warning with a 12 month expiry date, but have decided to sit out my tour of duty. In the meantime keep busy with dreaming about my big trip...

And to look at various bikes to take me on this trip, its DR350 vs Super tenere time, and go see the world a bit......
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Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.
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Tonka
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Joined: 11 Jun 2008
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PostPosted: 05:27 - 28 Nov 2008    Post subject: Reply with quote

Hey, glad you've got it sorted!

Just think of that lovely feeling you're gonna get when your trip is all planned, qualification bagged and you ride off into the sunset Dance!
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Fortuna
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Joined: 29 Oct 2004
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PostPosted: 06:42 - 28 Nov 2008    Post subject: Reply with quote

Stick wrote:
Much more information required PM ME!!

What are you being "invited" to the meeting for?

Do you have a contract of employment? Have you had reviews recently on your performance or ever?

Cannot take independant witness as such to the meeting, it should specifically state work colleague or trade union member....unless they have stated otherwise, did they state this in invite letter, if not, they have cocked up on procedure.

HOw long have you worked for them?

HOw serious is your "crime"???

Witnesses can be of your own choosing, and can be totally independent. If you take a work collllegue there is the chance they will not back you at a later date for fear of losing their job.
I took one to tribunal as witness, it's your right to choose who you want to and there is no law against it.


LeeR wrote:
Regarding the disciplinary hearing, if you've been continuously employed by your current employer for 2 years then you have rights. You cannot be sacked without reason or due process, unless you have engaged in gross misconduct. Gross misconduct, can be a bit slippery to pin down but is usually defined as criminal activity, sexual misconduct, bullying, computer misuse and anything else proscribed by your contract and/or terms and conditions.

If the disciplinary hearing is over a more trivial matter then the usual process is one or more verbal warnings with expiration, written warning with expiration, and final warning followed by a hearing. The expiration is your protection within law, a verbal/written warning usually last 3 months and after that the whole process must start again.

It's rare to go straight to a disciplinary hearing and dismissal.

You can request an independent witness at the hearing, you can take notes and/or record the hearing, and you should not be denied these rights.

If however, you have less than two years service you don't really have a leg to stand on and they can dismiss you at any time, with notice in writing, and they don't have to disclose a reason.

The usual excuse is "work not up to standard" etc...

EDIT: oh option 3 with a big coat Thumbs Up

2 years?? You are entitled to your rights the first day you work for a company. You must recieve at least a written statement after 2 months.
Where the hell did you hear 2 years?

MarJay wrote:
Speak to Stick, she does HR stuff, and she can tell you what the rules are and stuff.

Generally though, if you think you've been given an impossible task and then are disciplined for it, and you've been in the company for a year or more, you could potentially get them done for constructive dismissal.

^^^^ This is correct.


Last edited by Fortuna on 06:56 - 28 Nov 2008; edited 1 time in total
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LeeR
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Joined: 12 Dec 2006
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PostPosted: 20:57 - 28 Nov 2008    Post subject: Reply with quote

Fortuna wrote:
2 years?? You are entitled to your rights the first day you work for a company. You must recieve at least a written statement after 2 months.
Where the hell did you hear 2 years?

Whilst you are entitled to some rights, you are not entitled to all employment rights immediately.

In the context of the OP re: the dismissal process and whether he "had a leg to stand-on" I quoted 2 years as that's what I had previously worked under, with specific emphasis on the claim to unfair dismissal.

I see after researching it further that the law changed in 1999 to one year's continuous service regarding unfair dismissal claims: The Desktop Lawyer
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