gross miss conduct advice

[zabisco]

Hi i have been reading through the forum and was hoping that someone may be able to help.

 

i have been working for a high street bank and found myself being invited to an informal meeting today regarding a large fraudulent transaction that occured in my branch earlier this year.

 

i had nothing to do with the transaction which the company are fully aware of, but i have been interviewed today and been suspended for negligence and failure to follow process.

 

I am waiting for the investigation notes to come through so that i can start to build my case. The issue lies with a new assis manager who did not follow the correct process which led to the loss of the money.

 

I am getting the blame for not providing the assiss manager with suport and development, even though the individial has signed the process which confirms that she has read, understood and implemented the process.

 

as far as i am aware no action has been taken against this individual just myself.

 

I have been in banking for the past 10 years and all of a sudden can feel my career going down the pan. They have informed me that it eill be managed under gross miss conduct as i have failed to carry out my duties as a manager.

 

To add to this situation, my branch scored a successful audit review in dec 09 after failing this in q3 last year. i helped manage my previous assis manager out to a smaller branch as she found it too demanding and requested that due to the development areas around risk, for a experienced assiss manager. instead the new assis manager was interviewed by the regional risk manager and my regional sales manager, and although she was only a cashier in her most recent role was given the job as an assiss manager. i protested as this individial had no experience in this field and felt i would not be able to train this new manager as i was also learning myself.

 

so i am now in a position where the new manager has denied all knowledge of support and i have been landed with the consequences of her actions.

 

i feel that i have been treated unfairly as this situation was out of my control.

 

sorry for the long post!

[Bigredbus]

Hi 'Zabisco', and welcome to the CAG...

 

Could you confirm your position? (are you the branch manager?)

[zabisco]

yes

[Bigredbus]

... and as such you are responsible for all transactions executed by members of staff?

 

Those responsibilities are incumbent on your position?

[honeybee13]

Hello Zabisco. I feel for you, going through this and hope we can help.

 

Do you have a copy of the bank's disciplinary procedure? This could be somewhere for you to start looking, although I see Bigredbus is hovering and is likely to post as well.

 

Don't despair, there are rules about all this. Once you have something in writing, we can really start to help you build a case.

 

My best.

[zabisco]

re bigrebus msg

 

i'm responsible for risk and control overall for the branch, however my argument is that its impossible for me to oversee each transaction.

 

The assiss manager saw the transaction the following day on a report but did nothing about it. it was never brought to my attention until fraud startd there investigation

[honeybee13]

Hello again. BRB posted before my message went on your thread, but hopefully that isn't a problem.

 

If you want to do your own research, you could have a look at the ACAS website, and/or speak to their confidential helpline. They're pretty good in my experience. Also, the CAB can help with this sort of thing. And you can always ask us more questions......

[zabisco]

honeybee13

 

i am waiting for a copy of the policy to be sent to me as i was not allowed back in branch.

[honeybee13]

Yes, I can understand that about company policy. With luck, it will be helpful, let's hope it turns up soon.

 

Do you have any of your employment paperwork, or did you keep it all at your branch? Shouldn't be a problem if you did, it just might take a bit longer to get hold of everything you need to fight your corner.

[zabisco]

i have contacted union who will be sending in post so i should have it in the next few days.

i was thinking of options of leaving and wondered what impact that would have on my previously perfect reference

[Bigredbus]

I perfectly understand your point of view 'Zabisco', but ultimately, you are responsible for all transactions (risk and control, as you say...)...

 

What annoys me most, is that the person directly responsible for the incident has not been suspended and put under investigation...

[honeybee13]

Hello again Zabisco. I really think you should hold fire before you resign. Hopefully your union understands the bank's rules in detail and will be able to help you, if it's the banking union, or one of them.

 

I haven't been in your position, but I would strongly advise you not to act in haste before you have much more information. I assume you're suspended on full pay while the investigation continues? If so, you can bide your time.

[zabisco]

brb i understand that completely.

 

I could understand if this was a cashier who failed to follow process, but this is another manager who is in a trusted position of authority whos main day to day job is to manage all counter transactions..

 

a process was put in place and clearly ignored!

[zabisco]

honeybee13

 

yes i have been suspended on full pay, i'm not the type of person to hang around and feel that this is not going my way at all. i thought that if i resign then i could move on and put this mess behind me. i have just read that it would show on my reference as "resigned under investigation" so i guess im done either way!

[honeybee13]

Hi Zabisco. I understand that you maybe want a confrontation, but as you say, you need a reference for your next job. As I said before, you really need a breathing space and shouldn't take a knee-jerk reaction like your employer seems to have.

 

Be patient, and information could well turn up to support your case. As I understand it, and as you say, a new employer won't want to give you a job while an investigation is being carried out.

 

If you really can't sleep tonight, try to have a look at the ACAS website that deals with potential dismissal, and the CAB as well.

 

This is only day 1, please try not to react too strongly.

 

My best.

[Bigredbus]

She should be put under investigation... and further to it, if it transpires that she ignored protocols, then she should be made to bear the consequences.

 

In your case, I would be looking at finding a respectable exit as you have an unblemished record... try and see if you can go through a Compromise Agreement...

[elpulpo]

I agree with Honeybee, Zabisco. Resigning could be misconstrued almost as an admission of liability.

At least wait until you receive formal notice of what exactly they are accusing you of and all the evidence, then evaluate where you stand.

[zabisco]

thanks for your feedback guys, was very constructive. i'll sleep on it or try to. its not the best time to start looking for a job at the momement but chin up!

 

brb i have not heard of a compromise agreement, i'll certainly look into that.

 

thanks again

[honeybee13]

Agreed Elpulpo and BRB.

 

Zabisco, bear in mind when the time comes that a Compromise Agreement needs you to have independent legal representation and advice that should be wholly or mostly funded by your employer.

 

BRB, apologise for not agreeing with you, but I think Zabisco should wait to see what transpires before going for a Compromise Agreement. There are other avenues to pursue first.

[Bigredbus]

It is worth looking into... and I am sure many caggers will help you understand how those work...

 

You take care...

[Uncertain]

A lot of big institutions do not like to wash their dirty linen in public so I doubt the bank will want this to end up at an ET. These are held in public so the press have a right to be there........

 

As you will know they like to pretend they are watertight and that their procedures never fail....

 

As BRB has said a compromise agreement may be the best option as these normally have an agreed reference, some money and a confidentiality agreement.

 

Get some professional advice (your home insurance may well include legal cover for employment disputes) otherwise a few hours of a good solicitor's time may be money well spent.

[Bigredbus]

I understand your point of view 'honeybee13' and I do not want to seem pessimistic or 'selling the bear's skin before killing it' (as they say in France) but the banking industry (in my experience) is absolutely strict when it comes to dealing with matters like this one... They have no hesitation whatsoever, unfortunately...