Dismissed from work

[magpie208]

Hi all,

my first post so just after a little bit of help

I have recently been dismissed for alledged theft. Some colleagues and myself had to stay at work overnight to secure the building due to a faulty front door.This had been reported at least 3 times. The company did not have an emergency contract.

While we were there we had a couple of beers and as we did not have any means to pay we agreed to pay on our next shift together so that we could all act as witnesses.

My main issues are that other managers have demonstrated the same practices.

This has been confirmed at the appeal. There have been no sanctions against them.

Two members of staff helped themselves to goods without my knowledge. They are still at work with no disciplinary!

The same two managers have carried out the investigation and disciplinary

I made the managing director aware of other incidens but they were not investigated. The MD carried out my appeal.

Th MD has confirmed that she is aware of an incident where two managers ran up an £80 bar bill but did not pay for it for two weeks. They have quoted the staff handbook saying that this is against the company policies. These two managers have not been disciplined as they are saying its post feb where memos and emails have been sent. I have not seen these

Apologies its long winded but I could go on

 

Cheers

[RachelMD]

Go on. Give us more details.

[honeybee13]

Hello there. I guess you're saying you've been treated less favourably than other employees in the same position.

 

As Rachel says, it would help us to advise you if you tell us more without identifying yourself.

 

My best, HB

[magpie208]

Myself and a few members of staff had a couple of beers while we were wating for daytime staff to come into work.

none of us had any cash or even a debit card to pay for them. we made a list so that we could pay. i put a copy of the list in my tray in the managers office and kept a copy with me. it was a thur night. i was off on the friday,in work sat and sun. i got a call on the monday evening informing me that i was being suspended and the reason would be discussed in an investigation meeting.

the allegations of theft were aimed at me along with 4 members of staff. we all went through investigations and i am the only one to have disciplinary action taken against. i was the duty manager.

as i have said two other managers both of who are senior managers ran up a large bar bill in jan. they paid two weeks later. head office have quoted the handbook in my case that says that under no circumstances can any member of staff loan any equipment or goods.

i would like to know how thier incident was different to wh5 happened to me?

i emailed the md and finance director giving a list of incidents to be investigated. along with a list of staff who could confirm them.these were not investigated.

apparently one of the management team went into work on the friday nad viewed the cctv footage which shows us pouring pints but not paying for them.

the site does not display any signage informing staff or customers that cctv is in use. can they legally use this if i was not aware of wha5 it was used for?

one of the other dms would not come to the site with a key which would enable us to lock the door and to leave the building secure

 

hope this is enough?

[magpie208]

Hi HB

yes i have been treated less favourably than others on site.

two memebers of staff helped themselves to goods without my knowledge. this was confirmed in my initial investigation

also managers have done similar to me but while customers were in the building. the building was closed to the public when we stayed to secure the building.

the same two managers have carried out the investigation and disciplinary. despite me implicating themin similar incidents. surely the investigation should have been passed onto someone not implicated?

no action taken against them.

also head office are saying that as memos and emails were issued in feb then as these incidents happened pre feb they would not be investigated. this is despite it being written in the staff handbook.

[30stm]

Hi Magpie

 

Sorry to hear about your situation. I'm just a lay person but my understanding is that Disciplinary matters should be dealt with "fairly and consistently" which doesn't seem to be the case here. It seems you have been singled out for Less Favourable treatment compared to others in similar circumstances.

If at all possible, the hearings should not have been chaired by the same people who were implicated (as they are likely not impartial)

Was the issue addressed regarding the workplace's failure to act on the report that the door was faulty? Were you given any guidance on what to do should this happen on your shift?

Perhaps you should ask Head office to demonstrate that you had recieved the email/memo or had otherwise been made aware of the contents.

[magpie208]

Hi 30stm

 

There were other managers that could have carried out investigations/disciplinary. I am aware that ACAS guidelines state where possibel. I mentioned this in my appeal but it was ignored!

The issue regarding tha faulty doors had been reported three times. I know that another manager had stayed overnight two weeks previous and had a couple of soft drinks. This is against the company policy as he did not payLL

I also asked about the reluctance to provide evidence, such as emails,memos and even witness statements from others that were interviewed. These have not been provided

I am busy filling in the ET1 forms and waiting for a solicitor to contact me to discuss the case.

My question is - Do you think I stand a chance at Tibunal?

I know what I have wrote are not all of the facts and it could be hard to judge.There are so many errors on the companys part to write down!!

[honeybee13]

Hello again. What does your solicitor think about the case and do you have an employment specialist acting for you?

 

My best, HB

[magpie208]

Hello HB

 

I am waiting to make an appointment to see a solicitor. They are employment specialists so I will have wait and see what they say.

Until then im in limbo. I just thought I would see what the general consensus on here would be

[honeybee13]

Hello HB

 

I am waiting to make an appointment to see a solicitor. They are employment specialists so I will have wait and see what they say.

Until then im in limbo. I just thought I would see what the general consensus on here would be

 

Sure. Bear in mind though that we're not qualified legal experts. What made you decide to get a lawyer involved, I'm interested?

 

My best, HB

[magpie208]

Sure. Bear in mind though that we're not qualified legal experts. What made you decide to get a lawyer involved, I'm interested?

 

 

 

My best, HB

 

 

 

I appreciate that people are not qualified and I was just after some comments to see if anyone else knew what could happen. This could be from past experience.

I want to speak to a solicitor for advice as to whether I would have a decent chance to go to tribunal for unfair dismissal. I dont really fancy acting for myself.

 

Thanks

[RachelMD]

The key factor should you decide to pursue this at ET is that you are able to prove the inconsistencies in how disciplinary action is applied to employees helping themselves to drinks. You need to concentrate on how you can substantiate this to have any chance of success.

[magpie208]

The key factor should you decide to pursue this at ET is that you are able to prove the inconsistencies in how disciplinary action is applied to employees helping themselves to drinks. You need to concentrate on how you can substantiate this to have any chance of success.

 

 

 

Thanks.

The finance director in my appeal has confirmed in writing he is aware of an incident involving the Operations Manager and General Manger that happened in January. He states that as it is before any memo/email in Feb that thois is being ignored. However I have the handbook that states that under no circumstances can this happen. There is no new handbook available.Surely as it is the handbook that I was issued when I started in 2009 then this should be taken into account.

The company are breaching its own policy.

[magpie208]

I am being fobbed off by a solicitor that I have been told to contact re this case.

Does anyone know of any good ones in the Newcastle area.

Need to speak to asap

[honeybee13]

Hello magpie. I can tell you that we're not allowed to recommend solicitors under CAG rules.

 

My best, HB

[RachelMD]

What I'd do is look through the Thompson/YP under solicitors, and find the ones that specifically state that they specialise in employment law.

Try and see if you can get an initial free consultation, maybe with 2 or 3 different ones as their opinions can vary widely.

[Atlas01]

I've always advised people to get at least a second opinion with legal advice if the first doesn't want to take a case on, Like every other role in life i've dealt with some brilliant solicitors and also some i've felt like throwing through the window.

 

A note of caution though, i recall (i think on here) a poster who just kept going through solicitors like a knife through butter until they heard what they wanted to, the claim was always going to fail and it WILL warp your mind to the extent you are no longer rational about it , don't waste your life if you do get a no from the first couple you try.

[magpie208]

Thanks for your comments.

I dont intend to waste my life.

If I get a no then so be it

[Sidewinder]

Threads merged and tidied to avoid confusion!

[Bigredbus]

Hi all,

my first post so just after a little bit of help

I have recently been dismissed for alledged theft. Some colleagues and myself had to stay at work overnight to secure the building due to a faulty front door.This had been reported at least 3 times. The company did not have an emergency contract.

While we were there we had a couple of beers and as we did not have any means to pay we agreed to pay on our next shift together so that we could all act as witnesses.

My main issues are that other managers have demonstrated the same practices.

This has been confirmed at the appeal. There have been no sanctions against them.

Two members of staff helped themselves to goods without my knowledge. They are still at work with no disciplinary!

The same two managers have carried out the investigation and disciplinary

I made the managing director aware of other incidens but they were not investigated. The MD carried out my appeal.

Th MD has confirmed that she is aware of an incident where two managers ran up an £80 bar bill but did not pay for it for two weeks. They have quoted the staff handbook saying that this is against the company policies. These two managers have not been disciplined as they are saying its post feb where memos and emails have been sent. I have not seen these

Apologies its long winded but I could go on

 

Cheers

 

Alledged theft? Only alledged as you had the intention to pay for the consumed goods on your next shift.

 

Consuming alcohol during your normal working hours!... Anything in your handbook of employment about that one?

 

What is contained about such offences in the handbook, and what did that e-mail, letter mention?

[magpie208]

All staff involved confirmed that we had agreed to pay together. This was stated in the investigations. The comments have been ignored

 

 

The consumption of the alcohol was out of our normal working hours. The building was closed and supposed to be secured and locked. The faulty doors meant we had to stay to secure the building overnight.

 

The handbook states that and I quote.

you are not under any circumstances allowed to borrow cash,stock or equipment from your place of work. Any such unauthorised possession by you or others on your behalf will be viewed by the company as theft.

 

I agree that we are in breach of the above but on the night in question two others helped themselves to goods and are back at work.

Three other managers were guilty of the same in January.

I have not had any emails regarding this.

[Bigredbus]

Did you receive wages to remain on the premises during that night?

[magpie208]

Did you receive wages to remain on the premises during that night?

 

 

 

 

No we received no extra wages. I was the duty manager on shift. I attempted to speak to the General Manager but hos phone was off. I spoke to the team manager who had a key for the front door but refused to come in in order for me to secure the building and go home after an 8 hour shift. His attitude was as I was the dm then it was my responsibility to secure the building by staying.

[Bigredbus]

a) Do you get usually remunerated for overtime?

b) Who requested that you remain beyond your shift?

c) In what capacity did you remain on the premises that night?

d) What kind of business is it? Edited May 29, 2011 by Bigredbus

[magpie208]

a) Do you get usually remunerated for overtime?

 

b) Who requested that you remain beyond your shift?

 

c) In what capacity did you remain on the premises that night?

d) What kind of business is it?

 

 

 

 

No I would not get paid for any overtime or extra hours worked.

The tema manager informed me that as the duty manager for that evening it would be my responsibilty to secure the building

I was the duty manager despite my shift ending at around midnight. no other manager would come to secure the building despite my request