Is it gross misconduct? I have a disciplinary and im disabled. Help me please.

braininjury28

So. I work at UPS and have done so for 11 years. Ive had a hard time. Its my first ever job. I have a brain injury and adhd and autism. Ive had a few disciplinarys over that time but right now, my " final writing warning has expired.

The story...

I was working 2 days

ago on a trailer scanning. A staff member [ a freind] came from behind me and rubbed his fingers under my nose as in to say "smell that"

I reacted to this stupidly...I put my hand down my trousers.l and rubbed my fingers back under his nose. [ to gross his out) for doing it to me randomly.

Now. This happend on a trailer we was laughing and messing on. There was 3 of us on it.

One member telt another...and a member who hates me who told supervisor that he was gonna do anything to get me sacked. And he said it infront of me. I told the supervisor to move him or move me as he is targeting me. Hes just said so himself. I refused to work and I was moved for 2 weeks but I was returned to near him.

So now...this man went to office to report it. Supervisor came over...took me outside and said hes gonna send me home if itd true. I got mad, shouted abit but thats it .

So now we both got pulled to see big boss and give staments. We both said were freinds and were messing on. They have cctv of it all.

But this morning the third person on trailer [- the best freind of the guy who got supervisor] put a statement in. Saying he seen " ****" on my finger and I rubbed in the others face. Which is untrue. I did not touch my penis. It was only to gross him out.

But now its all about me and how I reacted to fingers under my nose.

My boss said its likely to be dropped. Csuse 2 statements say were freinds and messing on.

But now one statment is very detailed...but its untrue…its impossible he seen " ****" as i didnt touch my penis.

I feel like im pretty much doomed.

They also owe me around £10000 redunacy. We are due to shut by July.

I realise I am likely doomed...

Ive no ome to come in with me to the meeting. Union wont cause I joined to late.

Im to anti social to ring acas.

Ive no one to help me please.

I know it was disgusting and it was wrong and I reacted badly to gross him back out.

ChrisR777

https://forum.scope.org.uk/discussion/147675/is-it-gross-misconduct-i-have-a-disciplinary-and-im-disabled-help-me-please

We used to mess about like that years ago, i'm surprised it still goes on these days. I remember being told to shift a tractor unit, it looked like I was being handed a set of keys, but in fact it was human 💩.

How can anyone prove if you did or didn't pretend to stick your hands down your trousers? I would deny it.

ChrisR777

Are you a fee paying member of Unite etc? Can you get hold of the full time official? They will likely be based at your regional office, not your branch official at your UPS depot.

SheffieldMan1976

I realise it's probably not appropriate to have your hands down your pants, but putting you on a disciplinary for it does seem a bit extreme?

Stellar

Sounds like theye trying to get out of paying you redundancy by sacking you.

you will need to ring ACAS for advice. Given the union has abandoned you, you have no choice.