Theft - Gross misconduct or SOSR

[Sexyeyes83]

Hi,

 

Im just getting things together for the ET after receiving the bundle from work.

 

One thing that keeps going around in my head is that suspicion of theft - Wouldnt you dismiss under gross misconduct rather then SOSR?

 

Just after your thoughts please!

[elpulpo]

SOSR? It's probably obvious

[elpulpo]

Ah. Right.

Hey, just found a site called http://www.google,com It's really good,

[elpulpo]

Do you have an original thread, that sets out your situation?

[Sexyeyes83]

Is there really any need for those kind of posts? There obviously not helpful and actually rather rude.

 

For your information I have used google and thats why I came on here to get some opinions.

 

From reading a variety of sites, it appears theft is covered under gross misconduct, which is why I was asking would an employer dismiss someone for SOSR rather then gross misconduct.

 

Edit - Its an extremely long story, and thats why I made the questions specfic.

[kiptower]

it may be because the question being asked what is SOSR ?

 

maybe a few more details of the problem will allow others to try and help you

[Sexyeyes83]

SOSR = Some Other Substantial Reason.

 

Its a way an employer can dismiss a member of staff if it does not fall under gross misconduct, misconduct etc.

[elpulpo]

Is there really any need for those kind of posts? There obviously not helpful and actually rather rude.

 

For your information I have used google and thats why I came on here to get some opinions.

 

From reading a variety of sites, it appears theft is covered under gross misconduct, which is why I was asking would an employer dismiss someone for SOSR rather then gross misconduct.

 

Edit - Its an extremely long story, and thats why I made the questions specfic.

No. You've misunderstood Sexyeyes, I wasn't suggesting you should google.

I was making fun of myself - posting asking what it means, when obviously I could find out in a moment by googleing.

Admittedly, looking back , that's not clear.

[Sexyeyes83]

Hi elpulpo,

 

Im really sorry, I took it the other way! Please accept my apologies. Just goes to show how things can be mis-understood on the internet!

[elpulpo]

No, please accept mine. I have a bad habit of letting my sense of humour run away, without thinking how it may be misinterpreted.

[Sexyeyes83]

Anyone at all?

 

In the letter I received asking me to attend the disciplinary dated the 2nd June it states

 

"You are advised that if the allegations are believed to be proven, it will be considered Gross Misconduct under Company Disciplnary Rules and your employment may be summarily terminated"

 

In the letter I received dated the 19th June it just says I was dismissed stating no actual reason.

 

Its not until I receive a letter dated the 22nd September regarding the outcome of my appeal does it mention -

 

"The hearing had been arranged to consider your appeal against the decision to dismiss you on the grounds of "Some Other Substantial Reason" (SOSR), namely that given the nature of the industry we are involved in, and the vulnerability of clients, we could not take the risk of allowing you to go back to work as a carer when suspicions existed about your involvement in thefts from clients"

[elpulpo]

How long were you employed for, Sexyeyes? With more than 12 months continuous service, your employer was obliged to state the reasons for your dismissal, at the time of your employment.

From the information you've given, I suspect that perhaps they didn't prove the allegation against you, yet nonetheless, given the seriousness of the allegation, felt they couldn't risk allowing you to continue in your employment. Hence SOSR. Bit odd that they'd use SOSR though. I'd have stuck with GM, if I was refering tothe original alleagation.

 

I think it would really depend on the circumstances whether of not that's fair. Something to bear in mind is that the burden of proof in civil law is not as stringent as in criminal law - a reasonable suspicion of misconduct could well be upheld as a fair reason to dismiss someone.

[Sexyeyes83]

How long were you employed for, Sexyeyes? With more than 12 months continuous service, your employer was obliged to state the reasons for your dismissal, at the time of your employment.

From the information you've given, I suspect that perhaps they didn't prove the allegation against you, yet nonetheless, given the seriousness of the allegation, felt they couldn't risk allowing you to continue in your employment. Hence SOSR. Bit odd that they'd use SOSR though. I'd have stuck with GM, if I was refering tothe original alleagation.

 

I think it would really depend on the circumstances whether of not that's fair. Something to bear in mind is that the burden of proof in civil law is not as stringent as in criminal law - a reasonable suspicion of misconduct could well be upheld as a fair reason to dismiss someone.

 

Hi,

 

I was employed for 18 months with the company. Currently at ET stage where I have received the bundle of documents through. Currently claiming unfair dismissal and discrimination.

 

Two seperate allegations of theft were made, however they were not investigated properly by work. At each stage I kept asking questions which I thought they would have been able to answer should a thorough investigation of taken place.

 

I was not charged by the police, It was NFA due to lack of evidence.

 

The more I look through the bundle, more things keep popping up. Two meetings I attended at work with the police and managers in the bundle have been classed as investigation meetings, however looking at ACSA is states;

where the police are called in they should not be asked to conduct any investigation on behalf of the employer, nor should they be present at any meeting or disciplinary meeting.

 

Theres also a note in the bundle where work have phoned the police asking for an update and have been told the following:

 

1400hrs I rang DC xxx to see if there was any progress on sexyeyes, he said he had spoken with sexyeyes on the 28.04.09 she had been arrested and bailed for theft. A female officer body searched sexyeyes and DC xxx searched her house the bra was not found and was not right size for her, DC xxx believes she could have passed it on to someone else.

 

The two allegations of theft are a bra that was stolen from a postal package in a communal hallway to a block of flats and the second allegation is £100 that went missing from a purse of a client in a 24hr period.

 

I was a community carer that attended both properties.

 

In my post above, they mentioned gross misconduct, however in the appeal it states I was dismissed for SOSR. I was then offered another job within the company working in the office rather then out in the community. They stated it would be on the same terms and conditions as my previous employment. I previously had only worked school hours, however they wanted me to work 9-5. As they were aware I could only work school hours I was advised this was discrimination due to my childcare commitments - thus the claim for discrimination as well.

 

Thats just giving an overview of the situation - It went on for 8 months so was extremely long!