Loss of personal information by employer

[tenkorangcharles]

Hi Guys, I have got serious problem with my employer. basically I have been a sales assistant in this retail store for over 4 years(from 2003 to 2007).

during this periods I have had to run this store on own in the abcent of bith the store manager and the assistant manager on several occasion and I have prove to be successful in all these occasion. As a result of that I did told my store manager, I want to be train to become store manager, running the store on my own mean some times I have to work more than my contract hours and dont get paid for it which it dosnt really worried me.

 

/09/ 2006: So far as I was aware the assistant manager was dishonest so he was dissmis fromt the store so which I was acting as the number2 but was still geting paid as a sales assistant.

 

02/2006 :the store had a new number 2 but my store manager did have trust in me more than the number 2 as I have always been loyal and hard workin to him.

On serveral occasion the number wouldnt want to do any over time and will go home when his shift finish but I have most of the time stay behind and doen several unpaid over time.

 

03/ 2007 : I was offered my own store to run. this store I was given has ben previously be run be about 3 experince store managers and have not been able to mantain the store as the store is very difficult to mantain.

I was given 2month to mantain the store in oder to prove that I can run the store succeful, within this 2month I change the store run as requested by both my store manager and area manager, so I was made a store manager for that store.

 

9 /2007: remous from the store is that my store manager has been suspended as the company have a reason to believe that an act of gross misconduct had atken place and I am the next person. And the person who made this allegation was my store manager's new number2 as he have always wanted be a store manager and the store manager didnt like him so that why he did not recomend him for the post that was given to me.

 

14/09/2007 I was suspended from my store following an inverstigation that was carried out which include myself, the number2 and one member of staff by the head of security for the company.

 

I was suspended base on witness statement accounts, till sign report, sign in and sign out sheet and the back office system.

 

Before I was suspended tow other staff have been suspeded already both staff are one asian and black. both admit to the allegation of allowing the comapny time system to be abuse to benefit theirslef by having hours asain have worked to be paid into black account which is gorss misconduct.

 

I was suspended mainly because another staff (white)have admitted that she has been recieving money into her account onmy behalf but these allegation was untrue so I told the head security that these is untrue.

 

He told me that an allegation has been made and he has all reason to be believe that an act of gross misconduct has been commited and base on these reason he is suspending from the comapny fromt he date of 14/09/07.

 

I was shock to find out that these other staff (white) who addmite these allegation to be true wasn't even suspended and have told the head of security that myself and the store manager have force her to have my hours paid into her account.

 

0n 17/9/2007 I had my disciplinary hearing and I was dismisfrom the company as the told me that they have reason to believe I have commited an act of gross misconduct by allowing the company system to be abuse to benefit myself by allowing hours I have worked to be paid into staff (white) account.

 

Can someone please help me to go according to this situation has I have appeal against these decision and I have got my appeal hearing on the 19/10/2007.

 

Thank you for help

Charles

[GlasweJen]

I don't think this is included as an unfair dismissal as the company have good reason to believe that there's been gross misconduct on your part (they have a statement from another employee). This does not mean that you have to take this lying down, you should write to your employer and ask them to explain their actions, ask for evidence that the lady recieved money that was due for you and give them a statement saying your side of the story.

 

Incidentally I don't think this is a race discrimination case as there have been many different races involved so it would be perfectly ok to refer to people as colleage A, B and C and not asian guy, black guy and white woman which might make some people uncomfortable.

[tenkorangcharles]

 

Thank you Jenschnifer

 

 

But you see my point is that why was'nt this person suspended also I did ask them during my hearing that why wasnt she suspended as well but they simply ignore that question as they told me that their talking about me and not her.

 

Also I have 8 witness state from thet same store which clearly state that the number2 had an affair with this staff who gave the witness statement .

I did inform the company about this kind of behaviour but nothing was done about it so I took the matter into my hand by question a few memebr of staff in the store after I have been dissmis. from the statement I have it shows that these staff feel uncomfortable working with the number2 also they believe he is having an affair with the witness who gave her statement to be true.

As a result of that 5 staff have already resign from the company and I have hard that few more will be resigning too.

[GlasweJen]

So let me get this right in my head.

 

You work for an employer with more than one store. You applied to be a manager and after spending time getting experience in your own store you were given your own store to manage.

 

Your old manager was dismissed for gross misconduct and you were told (and it turned out to be true) that you were next by someone you no longer work under.

 

You and some other staff members were suspended pending investigation, their findings led them to fire you. A person who was allegedly involved did not get suspended and it just so happens that he or she was having an affair with your old assistant manager who happens to be the guy who knew too much

 

You have an appeal coming up and you need to present your case to get your job back?

 

If all that is right then you should not only be asking why you were fired but also why your confidential information has been given out without your consent to someone who you don't even work with any more.

 

Also did you attend any meetings to discuss the investigation? were you given notes from these meetings? Were you allowed to have a trade union member or a member of staff present? Are there any other witnesses who came forward to accuse you of gross misconduct? Is there any evidence that your money went into her account or that you fiddled with the time sheets?

and last one that isn't really related but I can't help but wonder, why the hell would anyone work and let someone else get paid the money?

 

You should definately send a PM to Ell-en, she's in the know about this sort of thing.

[tenkorangcharles]

 

Thank you for you help Jenschnifer

 

Yes I did attend meting hearing and also was present with the witness statement which happen to be the old assistant manager and the staff that he was having affair with.

I was ask if want some with me at the hearing but since I no I had nothing to hide and I'm right I said no to that option.

 

Basically I have been working 16 hours after christmas 06 because I had a sickle-cell but I didnt want them to find out as I dont want it to ruine my career to become a store manager so I start doing taht 16 hours and sometimes when I do more or less I expect to be paid only 16 hours in that case even if I do less then 16 I will till get my 16hours paid.

The evidence they have is: whiles I was working 16hours thi girls start doing 39 hours though her contract hours is 20hrs. so they present me with that evidence. also the till sign on report but I explain to them that anyone can used my number in my abscent. time sheet which shows that I was in the building for more than 16 per week but again told them that this signature are mine but dont remember signing out or in and could be anyone beside it dosnt take a genius to copy signature.

and finally they said the back office system which I piont out that even if I was in the building if I finish using the system and forget to log out myself it will not logg you out and this other management come and used it in my abscent which is often the case in many store.

[Ell-enn]

Hi there. To be honest with you Charles, I'm a bit unclear about all this, so you will need to answer a few questions for me:

 

What date were you dismissed?

 

Have you been given a copy of the minutes of your disciplinary hearing? If so could you scan them and pm them to me so I can read exactly what you have been accused of and what evidence your employer has.

 

It's a bit of a tight timescale if your appeal is on 19th (this Friday) so we'll have to work fast to see if anything can be done.

 

If, as you say, you have witness statements - they should only concern details of your own circumstances and not hearsay or rumours regarding any other employee of the company. Remember, an employer cannot act on hearsay as it could be construed as spiteful. Anything you intend to raise in your appeal will need evidence.

 

Kind Regards

 

Ell-enn

[cal37]

Please remember an employer only needs reasonable suspicion that a gross misconduct has taken place.

 

Employment law is not like criminal law where you need beyond reasonable doubt.

[Ell-enn]

Hi there, I appreciate you've had problems scanning the documents but I'm afraid there's just not enough information in what you've sent for me to confidently advise you.

 

However, from what I can gather it looks as if your employer feels they have enough evidence to take the action they have.

 

If you are adamant that you have been unfairly dismissed then I suggest you take all your documents to the CAB (Citizens Advice Bureau) or to an employment lawyer who may be able to help if you give them all the information you have, although the timescale is very tight.

 

Please let us know what happens.

 

Kind Regards,

 

Ell-enn

[tenkorangcharles]

Hi everyone

 

I have previous post here in regards to my unfair dissmisal, unfortunatly I cant find that post. moving on .. for those who remember i was dissmis from gross misconduct and I believe it was unfair, there I appeal against the discion, at my appeal hearing I presented a petition which was sign by 8 members of staff these exact words which the 8 staff sign for:

 

I am writing you this letter in regards to something I feel should be aware of. Various colleagues and I have continuously nocticed that (Name A), the assistant manager of store 0612 Brixton has a very negative attitude towards us.

We have found that he is intimidating and condescending to the majority of the store staff who are predominatly Black and Asian and in certain instances, he has made inappropriate racial remarks.

Despite our hard work, my colleagues and I feel unwelcome in out store and uncomfortable working with (Name A).

In worst cases he has even swore at us not only on the shop floor or in the office but in the presence of customers.

It has also come to our attention that he seems to be having a relationship with (Name B)a member of staff, He spend most of his time the office with this person whiles we word hard on the shopfloor.

I feel it is only right that I bring this particular behaviour directly to you attention as it is affecting our work and making us unhappy.

 

The above case was never inverstigated instead the Assistant manager was given a new store as store manager and the company remain firm with thier decision .

 

I took the case to the employee tribunal, employee tribunal have accepted the case, they have given the case a hearing date which is the 29 Feb 2008, I inform ET about I have been with the company since 2003 the company the reply that i have been with them since 2004 not only that but other thing as well, I have request the company to send me these petitions and a copy my employment contract but they didnt want to send it to me so I write to ET and later receive a letter from them, Bascially in thier letter, theyt have lost these documents and my details and I dont no what to do so I was wondering if anyone can help me.

 

Many thanks

[Pen]

Charles Hi.

 

I am also having difficulty understanding your issues. On what ground's do you feel that you have been unfairly dismissed.? Racism, gross misconduct, dishonesty or all of them???.

 

1 agree with glaswegen It would be more appropriate to refer to your colleagues as A/B/C etc.

 

OK, the problems I am having is this. In post 1 par 8 you mention other nationalities and their conduct ie A and B, A had his hours paid in to B's account and C being you, have been accused of having some of your hours paid in to W's account. So far we have 4 different nationalities involved.

 

In para 11 your refer to other witnesses as well as W not being suspended. How many witnesses does the company have against you?

 

You have implied that W is having a affair with the manager. This does not indicate that you were dismissed because of your nationality.

 

In your final post you have stated you have supplied the Employment Tribunal with a petition from your colleagues, who wrote the petition. have these colleagues also been dismissed.

 

You then say, you wrote to the company for the petitions and your contract of employment but they wrote back stating they did not want to supply you with them. who presented your company with the petition? was it a copy you sent to the tribunal? did you not get a copy for yourself?

 

the tribual would have sent your ex employer a copy of all your allegations together with any letters you have presented them with.

 

If your colleagues who signed the petition are still working for your employer they could have put their own jobs at risk!!. If they are the one's who have been dismissed for gross conduct and admitted the allagation the petition could look like these people bear a grudge against their ex employer !!!

 

Did you not sign and receive a copy of your employment contract when you stated with the comapny?

 

Let's start at basics,

If your company will not give you any information relating to your employment history send them a S.A.R - (Subject Access Request) letter with the £10.00 fee, they will have to then supply you with all your information within 40 days however this will be to late for your hearing.

 

What I suggest is that you find a solicitor or a representative from the C.A B to represent you at the hearing. If you are not working you would probably qualify for legal aid. However you would need to do this pretty quickly for them to be able to put a case together for you but make sure you take with you all the information you have to save time.