Suspended pending Investigation.

[crobinson]

Hi.

 

I have been suspended from work pending investigation, i work in the betting industry and the reason for suspension has been confirmed as 'failure to manage liabilities on an event'.

 

Yet the liabilities on the mentioned event, never exceeded the companys structure therefore i was under no obligation to act in a certain way (im not sure if you are familiar with the betting industry).

 

They are also trying to put together to sets of figures, 1 from the companys shops and 1 from the companys telebetting and internet business and merging them to create 1 big liability, until now these figures have always been treated seperatly and have had no bearing on each other. They are claiming with the 2 combined should have acted, yet still wih these 2 combined the bet did not exceed set limits i have been informed to trade to.

 

Anyway,my hearing is possibly friday i am told, is there anything i should do to prepare, who should i contact if anybody and from what brief facts i have stated above do they have a case as i am struggling to see 1.

 

Thanks for any help.

[crobinson]

I have just phoned then to request a copy of my personal file, they informed me they can delay that by 40 days so i wont get it in time for hearing, i was told there is nothing in it relating to the incident in question...do i have he right to delay the hearing or should i just accept there is nothing in it??

[mariefab]

Do you have any documentation to demonstrate the 'set limits i have been informed to trade to' ?

Training records perhaps or Company guidlines?

If not, at least make a note of who 'informed' you, when and whether this has been normal business practice during your employment with the company.

Have a look at this link:

Acas - Discipline

 

In particular, click on the 4th question under the Employers questions tab.

There you'll find that you are entitled to the supporting evidence that will be used against you before the meeting.

Get back in touch with your employer if you haven't received this yet.

[crobinson]

I am getting the info regarding the Limits sent to me

 

I am told they i have been suspended on what i have said above.

 

I have not been given any supporting evidence, are they legally obliged to provide me with it?

Edited September 21, 2009 by crobinson

[mariefab]

'failure to manage liabilities on an event'

I assume that this single event is the recent one that is fresh in your memory.

If this has been given as the reason for your suspension and disciplinary meeting; I think that it would be unreasonable for your employer to bring up other events at the meeting without first providing you with a list of the events and the evidence that they intend to use to support these fresh allegations.

 

In the link in post #3, the 4th employers question states:

 

Briefly, your disciplinary procedure should:

• be put in writing
  
• say who they apply to (if there are different rules for different groups)
  
• be non-discriminatory
  
• provide for matters to be dealt with speedily
  
• allow for information to be kept confidential
  
• tell employees what disciplinary action might be taken
  
• say what levels of management have the authority to take the various forms of disciplinary action
  
• require employees to be informed of the complaints against them and supporting evidence, before any meeting
  
• give employees a chance to have their say before management reaches a decision
  
• provide employees with the right to be accompanied
  
• provide that no employee is dismissed for a first breach of discipline, except in cases of gross misconduct
  
• require management to investigate fully before any disciplinary action is taken
  
• ensure that employees are given an explanation for any sanction and
  allow employees to appeal against a decision.
  

Also, look at your Contract of employment to see what the Company procedures are.

 

Look here too:

Disciplinary issues at work : Directgov - Employment

[crobinson]

Right, got my letter and reason for suspension is as mentioned, with it came a summary of various reasons though some stretching a few months ago.

 

In these they are stating informal chats as me being told to do something, ie my boss and i had a meeting regarding certain things that are proving unprofitable, again it was informal, i didnt sign anything to state it was a formal chat to tell me to buck these up or else, however they are relying on them as evidence,, can they do this?

In these meeting no solutions or training was offered to me to help me improve them,indeed my manager agreed that the processes used were corect and he could think of no reason why these markets were under performing.

[mariefab]

Is there any documentary evidence that these informal/formal chats took place. By that I mean were they followed up by a letter to you outlining the issues discussed and what was expected of you in relation to those issues.

[crobinson]

No there is not any evidence.

 

They are stating that i did not adhere to processes..there are no processes,i have never seen or signed anything to confirm i am aware of these processes.

 

1 of which is make a my boss aware of large bets, again we recieved nothing to state this must be done, we just generally do it to let him know however this is not a set process that i have signed anything saying i agree to do it...

[crobinson]

The likeliness is that even if they cant prove gross misconduct they will sack me anyway and take there day in court...big company can afford to take on 1 person.

[crobinson]

I was dismissed with a months notice.

I have 14 days from when i recieve written confirmation to appeal.

Any idea what happens at these appeals??

Gross negligence apparently, for not following a procedure that exists only by way of word from my boss, never been told it was actual procedure and what would happen if it was not followed.

[djwigster]

If its anything like mine then it will be a waste of time, but a part of the process which nevertheless needs to be followed in order to move forward.

 

It will be similar to your first hearing but is usually heard by somebody higher up the management chain. They are probably hoping that you wont have the stomach to take them to a tribunal so dont be surprised if they find against you in the appeal.

 

I never took my case to tribunal so it worked for my company (mine wasnt disciplinary, just fighting compulsory redundancy and I was glad to be out of there in the end), but it sounds like you have a good case so I would definitely take them the distance if I were you. More advice from the more knowledgable ones on here will follow if thats how it pans out.

 

Good luck with it!

[crobinson]

Anybody ever written an appeal against a dismissal, im trying to find templates online but am struggling to find one.

 

Any help appreciated, thanks

[mariefab]

I can compose an appeal letter for you.

Can you confirm that you were dismissed on 21/08/2009?

Have you already received written confirmation of the decision to dismiss you?

If so, how does it describe the reasons for your dismissal.

Does it confirm that the offence was Gross Negligence.

Does it confirm one month's notice.

 

How long did you work for this company?

[crobinson]

I can compose an appeal letter for you.

Can you confirm that you were dismissed on 21/08/2009?

Have you already received written confirmation of the decision to dismiss you?

If so, how does it describe the reasons for your dismissal,

Does it confirm that the offence was Gross Negligence.

Does it confirm one month's notice.

 

How long did you work for this company?

 

I did manage to find 1 on here that i could try and alter to suit my situation, however if you have experience in doing things like this and could help it would be much appreciated, in reply to above....

 

I was dismissed on that date.

I do now have confirmation, got it yesterday so have 14 days from the to appeal

It does confirm it was gross negligence.

It does NOT confirm my one months notice i was informed i would get at my hearing.

I worked there for almost exactly 3 years.

 

The ways it describes reasons are...

 

failed to manage liabilities in the Tournament

I did not communicate or escalate the liabilities position as is estableshed protocol.

I also failed to factor in the large bet from the shop estate into the liabilities and then proceeded to authorise a bet from a known monitored customer.

Ultimately i failed to hedge any liability thereby turning a very profitable tournament into an effective loss.

My actions showed a negligent disregard of standard procedures.

It says they have spoken before about similar situations and in this instance i have demonstrated i am prepared to recklessly gamble rather than manage the risk of a situation.

In mitigation i stated that shops estate were never considered in the overall liability which i (my boss) would reiterate is incorrect.

I also stated there was no procedure as such for escalation or reporting and that there were inconsistencies in how we deal with monitored customers.

 

 

that's basically the gist of what's on it.

 

Thanks

[mariefab]

An appeal is basically for someone higher up in the Company to look at the original decision to dismiss and decide if, in the circumstances, that decision was correct.

Although if, subsequent to the decision, you acquire relevant evidence that can be taken into consideration too (and I don't see why you shouldn't ask them to supply it).

 

name Appeal Request

address

date

 

Dear.......

 

I have received your letter confrirming my dismissal from ..(company name)...on 21/08/2009 for Gross Negligence.

 

I would like to Appeal this decision.

 

Before the date of the Appeal hearing, could you please send me copies of all the Company's documentation relating to the protocols and procedures quoted in your letter as, to date, I have never seen any of these documents.

 

Yours etc.

Edited August 27, 2009 by mariefab
typo

[crobinson]

Thanks for your help.

[crobinson]

Hows this? any views will be appreciated.

 

 

Dear Mr XXXXXXX

 

On the 21st August 2009 after a Disciplinary Hearing I was informed by XXXXXXX that the company had decided to dismiss me based on an alleged act of Gross Negligence on the USPGA Championship.

 

I would like to appeal against this decision based on the lack of consistent official procedure in place at XXXXXXXX which has made for a very uncertain workplace.

 

Before the date of the Appeal hearing, could you please send me copies of all the Company's documentation relating to the protocols and procedures quoted in the dismissal confirmation letter as, to date, I have never seen any of these documents.

 

I also feel my previous hard work and dedication to improving the XXXXXXX Golf product during my time with the company should have been taken into consideration.

 

Yours S.......

[mariefab]

Do you think that there is a reasonable probability that they will reinstate you after the Appeal?

 

If so, leave in the following sentence;

 

I also feel my previous hard work and dedication to improving the XXXXXXX Golf product during my time with the company should have been taken into consideration.

 

If not, then (for tactical use at a Tribunal hearing) leave it out.

[crobinson]

Is there a time limit for them to get back to me, they gave me 14 days so.....

 

Doesnt mention one in the employee handbook.

 

There is not a cat in hells chance of getting my job back....

[mariefab]

Tack on the end of your first sentence:

...with a months notice.

 

Also, leave out, 'which has made for a very uncertain workplace.'

You want to avoid anything that could be taken for written critisim.

 

14 days is fine put something like,

'I would appreciate a response within 14 days of receipt of this letter.'

at the end.

 

Don't forget to send it by recorded or special delivery, check on RM track and trace and make a note on the postage slip of the date received and, if available, who signed for it.

[crobinson]

Thanks for the help again.

 

I was going to phone the HR rep who was in my disciplinary to mention that my letter did not state 1 months notice and ask why, surely they cant now go back on this as it was stated in the hearing but has not been put in either my letter or the typed up minutes from the meeting.....can they? i suppose they could just deny it was ever mentioned.

[mariefab]

I'd wait to see if they pay it with your final wages.

[crobinson]

They havnt, i got that on Weds, i didnt expect to be tho as surely its all dependant on the appeal anyway, they wouldnt pay it prior to an appeal.

[mariefab]

they wouldnt pay it prior to an appeal

 

You're right, of course.

Please pop back here when they respond, or if the 14 days run out.

[crobinson]

recieved p45 today so i take it that suggests they have no intention of paying my 1 months notice they mentioned?

 

can they do this?