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  1. Thanks Emmzzi, just unprofessional the way they have gone about it then. Should I not be entitled to a copy of any evidence they intend to use, in order to prepare a defence?
  2. Thank you SabreSheep, I'm hoping it won't get that far, I'm hoping that I can point out discrepancies in their handling of this issue (if indeed there are any) and make them worry enough to back down somewhat.
  3. Hi Guys, was wondering if anybody can throw some advice my way. Upon finishing my shift today, I went into the office with a colleague to find out what job i had tomorrow, and was told I didn't have a job tomorrow, and to open a letter I was handed (In front of my colleague). The letter states as follows: Dear XXX, ABSENCE MANAGEMENT HEARING Since you have started work at XXX Ltd, you have had a total of 26 days absent from work in the last 12 months. Due to the level of absences that you have incurred, you are required to attend an Absence Management Hearing which has been arranged to take place at XXXX on 03/09/2012 at 10:00am. You will not be expected to work until this matter is resolved and you will remain on full pay. The hearing is held under the terms of the Disciplinary policy and procedure and it's purpose is to: - Set out our expectations in regards to what is an acceptable level of attendance. - Examine the history of your absences in line with the Absence Management Policy. - Discuss recent informal management actions that have taken place. [NB i have no idea what this is referring to] - Ascertain if there is any additional support we can offer. - Discuss any mitigating circumstances that we have not been made aware of. - Reach a decision that sets a formal outcome and that may set additional attendance targets for your future attendance, based on policy guidelines or some other outcome. You should be aware that this is a formal meeting and due to the significant level of absences, within the first year of your employment, that your employment contract could be terminated, or alternatively you could receive a final written warning. The panel will comprise of PERSON A, who will be chairing the hearing and PERSON B. You are entitled to be accompanied at this meeting by a recognized trade union representative of a union of which you are a member or by a work colleague; these arrangments should be made by you. Should you have any queries in relation to this matter please do not hesitate to contact me on the above number. Yours sincerely PERSON A. I asked if this means that I'm not working tomorrow (as it wasn't really made clear as to whether this was a suspension) and they said yes see you on Wednesday. Now, I have had some time off, namely 2 weeks when i had a health issue and underwent tests for testicular cancer (it wasn't cancer fortunately, however i do need surgery), and when my child was ill. I have also had the odd day off and asked for it to be taken as holiday which was agreed to (I'm sure that is annoying to my employer however if they have agreed to let me take it as holiday then surely they can't record this as an asbsence?) The thing is, work has really dried up and everybody is working shorter hours etc and my friend thinks they are trying to force me out the door for this reason, but having only been with the company just over a year I think they would lay me off or make me redundant if that was the case - it's easier and less messy. I previously worked as an area manager for a company who were very professional and organised and were meticulous in their disciplinary procedures in which i carried out. PERSON A is renowned within our company (of only about 8 employees) of being power hungry, throwing disciplinaries and threatening jobs, and discussing personal issues and disciplinary outcomes with all staff that show an interest. When outside of the building getting ready to get in my car, another colleague, a supervisor who everybody cares very little for, came up (literally less than 5 minutes after I left the office) and said "PERSON A just told me whats going on, that's not very good is it? You're just gonna have to take it on the chin." Now he's a supervisor but he has no part to play in this due process and is not involved at all, and as such surely it shouldn't be discussed with him? I wasn't issued with a copy of the disciplinary process I wasn't issued with a copy of the absence management process I wasn't issued with a copy of my absences. I wasn't issued with any evidence whatsoever - just the letter above. The 'recent informal management actions that have taken place' line confuses me as i haven't been spoken to, if they have conducted any sort of investigation, surveillance etc then should i not have that too? The confusing nature of the letter - Is it an absence management hearing - Is it a disciplinary? I always had to conduct an investigatory meeting before scheduling a disciplinary meeting. Maybe the most standout point for me (this could just be my previous training) is where it is written "your employment contract could be terminated, or alternatively you could receive a final written warning." Does this not point to the fact she is pre-empting the outcome of a disciplinary by only considering these two outcomes? I was always told to NEVER pre-empt the outcome no matter how cut and dry it seems - it's too dangerous for the company. I'm sorry for the rambling nature of this post and the lack of structure to my points or questions but i would be interested in peoples thoughs/advice. Many Thanks, Lenny.
  4. Thank you again Brig. Has been sent, will keep you updated.
  5. Hello again all, After your advice once again, after the help you have gave us has resulted in 4 DCAs backing down, but now we have come across one we aren't sure of. My partner has received a letter today from Red Debt Collection with the usual threats of courts and bailiff action etc, stating that she owes £440 to Three Mobile. We did in fact set up a standing order to Lowell over a £210 Three Mobile account, as the debt wasn't statute barred as she had been paying Lowell £11 a month a few years ago - so a few weeks ago we set up a £40 a month standing order to get it paid. Now while we have been trying to get our finances in order with your help, we also regularly check our credit files. We checked my partners this morning. The £210 Three account is on there (with Lowell), as is a Three account defaulted for £68 (the a/c number doesnt match the Lowell paperwork), but there is no account for this outstanding £440 that Lowell/Hamptons/Red are demanding. There are no accounts that match the a/c number on the paperwork on her credit file. The thing is, we don't believe that the debt is statute barred as she believes she was paying it along with the other one a few years ago. As such, we're not really sure what to do because she thinks she was paying it, but it isn't on her credit file and I'm reluctant to give them money for it, when it doesn't seem to be tied to her. Any suggestions? Many thanks and keep up the great work. Lenny.
  6. Thanks, ALSO, I had a letter come from Aktiv Kapital this morning regarding a separate debt for £353.95, this time I emailed the same letter to their [email protected] email address, and received this less than an hour later: Good morning, Thank you for your recent email. We refer to your recent letter regarding the above referenced account. We have investigated the issues raised in your email, and can confirm that legal action on this account would be statute barred under the Limitations Period. We have therefore taken the decision not to pursue this matter any further. We can confirm that the account is now closed and you should receive no further contact from us with regards to this matter. Please contact us if you have any further queries. Kind regards, Nicholas Self Customer Services Department Aktiv Kapital (UK) Ltd It feels great. These debts have been hanging over me for years. Whilst it is true that everybody should pay what they owe, I feel that as soon as I turned 18, I literally had credit thrown at me and wasn't mature enough to manage that credit. Whilst ultimately it's my responsibility to pay my debts, the creditors should take their fair share of responsibility for their irresponsible lending, and it shouldn't hold anybody (me and others) down from trying to manage their finances more sensibly in the future. And in addition to that - the DCA's that buy these debts and prey on the worse off people in society - threatening those with legal action that could never be enforced, it feels great to get one over on them. It's a nice feeling that they have wasted their money in purchasing those debts. Thanks again all.
  7. Thanks to everybody who advised, received this letter from EquiDebt a few days ago: Dear Mr XXXX, Creditor: Aktiv Kapital UK Limited Ref: XXX We write with reference to your recent correspondence regarding the above account. In view of the information you have provided, we have investigated this matter internally and have now closed our file accordingly. We can confirm that this account has now been returned to our clients and you will not receive any further communications from ourselves regarding this matter. We trust this clarifies matters. Yours sincerely, Collections Manager Equidebt Limited. Thank you again everybody. I'll keep you all updated with the other ongoing issues! Lenny.
  8. Should I just reel off all the problems, the pre-loaded fees, visits that never happened, illegal card fees, the levy on the wrong car, the lack of a manager calling etc. And demand a refund of bailiff charges?
  9. I would tell her to go back to the boss, say that she wants a physical copy of everything they intend to use as evidence, including cctv, and that she will need 24 hours from receiving the evidence before she will attend the meeting. If this means putting it back, then so be it. Also ensure she is being suspended on full pay pending investigation.
  10. Then they have already gone against the grain. If they have evidence to suggest gross misconduct (bad enough to be sacked), then she should have been suspended WITHOUT DELAY.
  11. Depending on what level meeting it is, she should be entitled to everything that they have by way of evidence, witness statements, till receipts, journal rolls, cctv - she should have a copy of everything. This allows her to build a defence on the allegations. Maybe she needs to ask.
  12. In that case I'm almost certain that the Police have taken no action whatsoever. As hard as it may be, I would chalk this up to experience, attempt to draw a line under it and move on. There will be no record of the incident as far as the police are concerned, although your days of shopping at Tesco will probably be over. Unfortunately nothing can be done about this as any retail premises is private property. They extend an invitation for people to come and shop in their stores. This invitation can be withdrawn at any time, and no reason is required for doing so. Theft or no theft. Just watch out for the civil recovery letter that will inevitably arrive from Retail Loss Prevention Ltd, and when you get it, follow the advice given by dx100uk.
  13. So the area where she cashes up is on CCTV but the safe its not? Just to confirm, the safe IS NOT on CCTV??
  14. Does she have a contract with this club? The only reason she couldn't take in the older guy and not discuss it with him, is if he is classed as a witness to any alleged wrongdoing. I'm presuming this meeting is an investigatory meeting and not a disciplinary? And whilst I believe you are allowed a trade union rep present, i'm not sure if that extends to retired union reps. I'm sure somebody will be along soon with the answer to that!
  15. A Police Officer cannot make the decision if and when to charge, the Crown Prosecution Service do, effectively - all the police can do is arrest you for an alleged offence, investigate it, interview you, gather evidence and present it to the CPS to decide whether there is a case and a public interest to charge you. This obviously has not been done. So I doubt very highly you are going to be charged with an offence. Were you cautioned? i.e. Did either the Tesco security staff or the Police officer say to you a long sentence starting "You do not have to say anything, but it may harm your defence if you fail to mention...." Also, you are entitled to see any CCTV in which you appear by submitting a Subject Access Request.
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