Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21

    Default Re: Work investigation

    Currently you will not win an UD case because you have not exhausted internal procedures ie raised a grevance. I am not sure why you cannot accept that.

    They could still dismiss for fraud - they only need a reasonable belief, not absolute proof - much lower bar than the police.

    "fair" and "legal" are in no way the same thing.

    Why should you walk away?

    To stop yourself becoming even more bitter.
    This is not a redundancy situation.
    The job still exists.

    By the way has the doctor also signed you off sick from your second job for almost a year?
    I'd be close to dismissal for capability by now.

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  2. #22

    Default Re: Work investigation

    Quote Originally Posted by conneylass15 View Post
    I also have a second job within the company cleaning but as I am not allowed to talk to anyone in the first job that suspended from it would have been to difficult to go to my second job so doctor put me off with stress from this job.



    "Not being able to talk to people" is not an illness. Is that really why the GP signed you off? How is your stress being treated? Is that job managing you under a capabilty procedure and/or paying sick pay?

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  3. #23

    Default Re: Work investigation

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  4. #24
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    Default Re: Work investigation

    Yes doctor has me out for stress on second job and also company doctor confirmed this and said I wouldn't be back until they sorted out the issue with 1st job that suspended from. Get company sick pay for second job. When I say I can't speak to anyone I mean that I have been told I am not allowed to communicate with the other workers while on suspension and investagtion taking place. Suspension is meant to be for brief a time as policy and meant to be reviewed regularly and keep me informed of progress which they have failed to do reason I believe I have a case for constructive dismissal but I know going down that route dosent clear me of the allegation


  5. #25

    Default Re: Work investigation

    cross post see links I have posted above. However as you are not minded to listen, I will withdraw at this point.

    Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!
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  6. #26
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    Default Re: Work investigation

    Emmzzi Thankyou for the link so shared. Yes I have been on citizens advice site . Thankyou for your views


  7. #27
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    Default Re: Work investigation

    I intend to raise a grievance if and when it goes to disciplinary naturally but I was trying to hold out for them to come back and say investagtion found that there was no case to answer. I spoke to an employment solicitor about 6 months ago and they said if i resigned i would have case for constructive dismissal as they have not followed there correct procedures by not calling me for meeting months ago and keeping me away from work for so long has made it very hard for me to go back to.


  8. #28

    Default Re: Work investigation

    If they had any sort of proof that you committed fraud you would've been out of the door months ago.
    This is the classic case that nobody wants to touch because it inevitably leads to embarrassment.
    They know you haven't done anything wrong and no manager wants to face you to apologise because they know a serious grievance would follow.
    If you think they'll be offering redundancy soon, one more reason to remain employed by them.
    In fact that could be the best solution: they offer you redundancy, you accept it, they never resolve the fraud allegation and everyone is happy.


  9. #29
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    Default

    Thankyou King. I believe you have exactly understood what my issue was. When I mentioned redundancy though I actually meant a severance pay equivalent to what a tribunal would award. As much as it's not so much about the money as me walking away with some sort of pride after how they have made me feel in the last year as if I wasn't important enough to deal with this issue in a speedy manner..I believe they started the process and when police refused it they don't know how you get themselves out of it now as you say. Do you see the point I was making that if I went for constructive dismissal why I would have a good chance or would you advise me to sit tight. Thanks again


  10. #30
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    Default Re: Work investigation

    In my experience people vastly overstate their chances of winning a tribunal. You insist on sitting where you are so that you can win a big tribunal award. Tribunal awards are NEVER as big as people think. And people lose more often than they win. You have another job. Bird in hand? Or risk it all INCLUDING a reference that says you were dismissed? Or more? That guarantees nobody wants to offer your another job? Be very careful what you wish for. One seldom gets it.


  11. #31

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    Quote Originally Posted by conneylass15 View Post
    I intend to raise a grievance if and when it goes to disciplinary naturally but I was trying to hold out for them to come back and say investagtion found that there was no case to answer. I spoke to an employment solicitor about 6 months ago and they said if i resigned i would have case for constructive dismissal as they have not followed there correct procedures by not calling me for meeting months ago and keeping me away from work for so long has made it very hard for me to go back to.
    So you were advised to resign 6 months ago and claim constructive unfair dismissal (CUD) and it's now been 11 months since you were suspended?

    You need to act promptly to claim CUD and there's a real risk that a tribunal would now say that you've accepted the situation and your CUD claim would fail.

    You need to go back to the solicitors for further professional legal advice.


  12. #32
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    Default Re: Work investigation

    Sangie it's not about sitting where I am. I didn't ask to be in this position. Im just asking to be treated fairly and by them taking a year to clear me of wrong doing they are not following there correct procedures..a tribunal if reached that stage does not look at whether You Were guilty or innocent which sadends me but whether they followed correct procedures..I am hoping that it won't come to that but for my own sanity I have to fight it to the end


  13. #33
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    Default Re: Work investigation

    Ganymede yes I understand what your saying..When advised that 6 months ago I just kept hoping that situation would get resolved without having to resign . I've had my investagtion meeting now so going to see what comes from it saying I've waited this length of time and if it goes to disciplinary stage I will go back to solicitor. Thanks for good advice


  14. #34
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    Default Re: Work investigation

    Hi,
    I now get a fuller picture of your situation
    To claim CD there needs to be a Repudiatory Breach
    Clearly, there has been one (long period of investigation)
    However, you seem to have accepted the breach via your delay in resigning
    While there is, sometimes, a defence in delay eg you tried to get a new job
    That doesn't seem to be the case here
    You delayed because you wanted the situation resolved
    You rested on your rights (Laches)
    You need a lawyer if you wish to go down the route of Constructive Dismissal
    A lawyer is the best person to tell you if your case has merit or not


  15. #35
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    Default Re: Work investigation

    Dondada. Do you think I should just sit tight then and let them go through there procedures and if dismisses go for unfair dismissal as this seems to be an easier case to win as the onus apparently is on then then to prove they followed a fair procedure. It wasn't that I had accepted the situation as in the last year I can prove that I have been constantly contacting asking for updates and this was even referee to at my investagtion meeting and was told that they would start and keep contact with me. They are in process of calling other witnesses now that I have stated could back me up on my defence.


  16. #36
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    Default Re: Work investigation

    Quote Originally Posted by conneylass15 View Post
    Dondada. Do you think I should just sit tight then and let them go through there procedures and if dismisses go for unfair dismissal as this seems to be an easier case to win as the onus apparently is on then then to prove they followed a fair procedure. It wasn't that I had accepted the situation as in the last year I can prove that I have been constantly contacting asking for updates and this was even referee to at my investagtion meeting and was told that they would start and keep contact with me. They are in process of calling other witnesses now that I have stated could back me up on my defence.

    Yes that is what I would say; sit tight and let them dismiss you then the burden is on them
    I would raise the question of if a fair hearing is still possible
    The investigation took too long
    I personally don't think they would dismiss you again
    But you never know, some people would do the most stupid thing
    However, if they don't dismiss you I would suggest that you stay with them
    You have 16 years there and you have protection
    Go somewhere else and you would just be starting
    I know you are angry and it is justifiable but also think long term
    What is best for you and what is best for your family
    Whatever you do, keep asking for updates
    Finally, do a little research on Article 6 ECHR and point out that the long delay has prejudice a fair hearing
    Do a little research first so that you say the right things


  17. #37
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    Default Re: Work investigation

    Seriously dondada I have researched every site on the internet in the past year. The first 9 months was sheer hell as I wasn't been told anything. When I finally got my investagtion meeting 3 weeks ago I would hardly let them take a break as said I had waited to long on this day coming. The only thing about going back is ibwould have to work with my supervisor that made the allegation even though I thought world of her. In fairness id be happy to move on now as in a different star in my life as family grew up now so I can spread my wings.lol..I know folk think I should just walk away but guess it is the stubbornness in me to let let them away with treating the ordinary worker like rubbish and the mental stress this has caused me coming from a small community where folk would be always thinking there's no smoke without fire..Thankyou for your valued sensible non judgemental advice


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