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To cut a long story short I was suspended from work 3 weeks ago on full pay for using another colleagues operator code to issue a cash refund to a customer. I didnt get a signature as I delviered the money and the customer lied about recieivng the money.
Bottom line is the company had to investigate. I have been acquitted of theft as the evidence, including phone records etc prove that I had a conversation with the BRanch Manager in which he gave me his operator code, but it also transpired that I had claimed 3 visits to the branch on my expenses in which I car shared with an employee (I did however pay him the petrol money which I claimed back, and also put it down as my company car and not his, as otherwise it would cost the firm 41p a mile instead of the 11p I claimed. A point to note also, is that I DO get paid for visiting branches and am authorised to claim these expenses).
The security report states under recommendations:
The investigation has determined that there is a case to answer for breach of procedure relating to customer refunds, Company car mileage claims and the use of codes/passwords.
OK, so there are 3 points they have recommended action on.
My disciplnary letter invites me to a meeting to discuss "Raising a Credit note under somebody elses operator code and doing this outside of company procedure".
I am under the impression and seeking clarification that the disciplinary can ONLY be about what is stated in the official letter? In my opinion it looks like they dropped the mileage thing as it is complete rubbish and they know it. Can someone confirm if it is the case that I can only be disciplined for what is in the letter? I came to this conclusion as I thought they had to give you 48 hours notice to prepare a defence? Obviously you cany prepare a defence if you dont know what you are defending?
You can be disciplined not only for what is stated in the letter but for any thing else that `may `come out of the the above mentioned interview.(so be very careful not to jeopardise your own case, and be prepared regardless.
The company should give you 72 hours notice to prepare your case and not 48 hrs as you state.
Looks like they are trying to do you for gross misconduct.(are you still under suspension?)
Yes, quite simply.
They should give you prior written notice of the disciplinary, state what the allegations are, and provide you with any written evidence they intend to rely on. It doesn't actually state in ACAS guidelines the amout of notice they need to give (your D&G code might), but at least 24 hours would be reasonable.
So yes, if they start raising issues at the Disc. that aren't on the agenda, refuse to answer.
Thanks for your comments. I really dont see how this could still be construed as Gross Misconduct?? I know that people user others operator codes every single day, and can prove it??
This is starting to case me a severe headache, and yes, I am still on suspension.
Another point, surely if they were going for Gross Misconduct they would go for the Mileage claim too as mentioned in the security report? I only think this as then it would be "more fuel for the fire"?
The letter says at the bottom "This is a serious situation, so I therefore enclose a copy of the EMployee Handbook containing the company disciplinary procedure for your information. As it is a disciplinary hearing, you should be aware that disciplinary action may result", below that in another paragraph it states "As the suspected act may amount to Gross Misconduct, you ought to be aware that, if it is found to the satisfaction of the manager holding the hearing that you have committed such act, then dismissal may result".
Another point to mention, out of the two allegations I have to answer, the allegation of using another persons operator code in the EMployee Handbook states quite clearly that this offence warrants a "Verbal or Written Warning". There is a list for GM and these offences do not fall into it?
It easy to understand why they dropped the mileage expenses matter, as it would be somewhat perverse for the Company to discipline you for saving them 30p per mile.
When it comes to popping a customer's cash refund through a letterbox (thereby not getting a signature or any kind of receipt).... Because the customer denies receipt the Company is now out of pocket and so obviously want to take some kind of action about this.
Is there anything on the GM list similar to 'breach of company procedures' or something that could be interpreted as causing the Company to lose money?
I think that your best bet is to explain that you haven't yet been trained on the relevant Company procedures and you hope that you can be as soon as possible to avoid any future errors.
Also, you could put it down to perhaps being a little over-enthusiastic to create a good impression and going above and beyond the call of duty (give other examples too) because you love the job so much.
It may come across as crawling, but frankly it's worth a try because with less than a year's service they can dismiss you for pretty much anything they like.
Thanks for your comments! Under GM it does state "Serious negligence which causes unacceptble loss or injury" and the company is down £154. However, they have stated in the security report that I have no case to answer regarding that. The only cases to answer are using another opertors code in which not following company procedure.
The money aspect of it, according to the security report and disciplinary letter is not a case I have to answer to.
I dont wish to alarm you my only intention is to assist you prepare properly for the defence of your case.
They could dismiss any employee for `not following company prcedures`[which is what you seem to have clearly done]and ths they can quite easily class as `Gross Misconduct`.
The bottom line is the company have lost money through someones negligence and that is enough for any employer to win its case hands down.
The problem you have is that you have less than 12 months service [correct me if i am wrong].
As such you have no legal recourse and the other point is that the tribunals will always favour the employer as it is their business that is being put at a loss.......in other words the needs of the business come first.
The employer was under no legal or other obligation to employ you in the first place.
I am so sorry if i sound blunt and harsh but that is how it is in the real world of employment today......and the employers know and use it to their advantage.
If you're resolved as to what you want to say tomorrow, Your best bet, IMO, is to write a statement to present to the hearing. That way, if you're feeling a bit wound up you can still get your point across.
Fired! And to boot, they brought up loads of stuff not in the disciplinary letter!! Solicitors now as they said if I want in probationary period it would have been a different outcome!
Disciplinary Letter Questions
as I delviered the money and the customer lied about recieivng the money.
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Originally Posted by jsharp1982
