Please help!!!

[adviceisneeded 1]

I was just wondering if anyone would be able to help answer a question? I wondered if an initial disciplinary letter stated that a verbal warning could be the possible outcome of a meeting, but I was then suspended and terminated is this unfair? I mean shouldn't they have said the consequences could have been dismissal not a verbal warning? Thanks for reading.

[RachelMD 241]

Yes, doesn't sound good.

You'd need to give us all the gory details for us to advise you fully.

[papasmurf1cx 454]

Gory details are necessary to get a better understanding.... Rachel is good at 'gory' !! (no offence intended Rachel!!)

[adviceisneeded 1]

The reason is because I had company funds in my wallet and I spent them as my baby was in hospital and there was no cash point at hospital. I had funds to pay the money back in the bank and at home, but I was off for next 2 weeks and as a result of this I forgot the money. When I was reminded by work I asked if it could be taken out of my wages instead of paying it back as I had suffered less wages as a result of time off. I stated 3 times I did have the money. They initially agreed to take the money on the next friday (payday) but then on Thursday before I received a letter stating that I was invited to a meeting to discuss misappropriation of funds and that I may receive warning. I then went to the meeting and got suspended whilst they investigated. When I went for the next meeting they sacked me for theft claiming that there concern was I didn't have the funds to pay back and that is not the case, I have bank statements to show this. I have worked for the company for 5 years and nothing like this has happened before. I feel they wanted me gone as I have had lots of time off for my baby as he has been very ill since birth. Also should I put a separate grievance and appeal letter?

[papasmurf1cx 454]

Hi

 

Sorry to be the bearer of bad news but I think the company was right. Misappropriation of money is a serious matter and could result in dismissal. I don't think the maternity situation has any relevance. You had opportunity to replace the funds and didn't. There may not be enough to convict of a criminal offence (although don't bet on it) but I think a Tribunal would easily come to the conclusion your actions were problematic and the company correct in their actions.

[stu007 2,554]

Hi adviceisneeded

 

Sorry but I must agree with papasmurf1cx

[ms_smith 1]

The reason is because I had company funds in my wallet and I spent them as my baby was in hospital and there was no cash point at hospital. I had funds to pay the money back in the bank and at home, but I was off for next 2 weeks and as a result of this I forgot the money. When I was reminded by work I asked if it could be taken out of my wages instead of paying it back as I had suffered less wages as a result of time off. I stated 3 times I did have the money. They initially agreed to take the money on the next friday (payday) but then on Thursday before I received a letter stating that I was invited to a meeting to discuss misappropriation of funds and that I may receive warning. I then went to the meeting and got suspended whilst they investigated. When I went for the next meeting they sacked me for theft claiming that there concern was I didn't have the funds to pay back and that is not the case, I have bank statements to show this. I have worked for the company for 5 years and nothing like this has happened before. I feel they wanted me gone as I have had lots of time off for my baby as he has been very ill since birth. Also should I put a separate grievance and appeal letter?

 

 

Are you positive your wages would cover the money to be returned?

Assuming that they are free to extend their power through your bank account's doorstep gives the notion that this mutual trust and confidence relationship between yourself and the employer is at risk, I'm afraid.

However, why not appealling and arguing that you were worried, distracted and anxious about your child's well-being (who wouldn't be?) and that otherwise you would never allow yourself for such a misbehaviour which should solely be put down to a moment of your forgetfulness... Bring up the subject of any (if, any) achievements at work so far, during such appeal hearing, stating that you believe you should instead be given a final warning. Swallow your mistake.

Edited August 14, 2011 by ms_smith

[backofbeyond 1]

Five years is a long time to work for a company and if you have a good track record I would say there must be more to this story than in your post - don't mean that in a disrespectful way by the way.

 

What did you have company funds on your person for? Were these funds to be banked by you or to purchase items etc?

 

You have stated several times that "you had the money" and you can prove this with bank statements; if that was the case why did you request that it was taken out of your wages? The money belonged to the company and was not a loan.

 

The outcome of the meeting that you had a letter for was "suspension" NOT dismissal; reading between the lines the dismissal came after reviewing the points of the interview.

 

You also mention that the company agreed to take the funds on your payday, did you have this in writing? Or was this simply a verbal agreement and if so by whom?

[adviceisneeded 1]

Thanks again for all your advice, I simply asked if it could come out of my wages as money would have been tight with the fact that I had time off for my son and wouldn't be paid for that. I always stated I could cover it. I just don't know why they didn't say it was not acceptable and ask me to pay it immediately then everyone would have been clear and this wouldn't have escalated. The person who chaired meetings is a manager and he doesn't like me, he also said that he wasn't accusing me of theft in the meeting but the official paperwork states theft. I asked for the notes and this comment has been removed. I then asked for notes in entirety and they responded saying they couldn't discuss this? Why would they remove this. Just for the record I really did forget to bring it in and perhaps the fact I asked to take it from my wages made them dubious that I didn't have the funds. It was agreed over the phone from the girl who collects the money that the director had agreed to take the money, but when I recieved the disciplinary letter I asked the director directly if he wanted it cash and he told me to speak to my manager. I did and he said it was too late to action payroll and so it would come out the following week, and not to worry about mondays meeting it was just standard company procedure to investigate. Then over the next week I got terminated.

[backofbeyond 1]

I don't think you have grounds for unfair dismissal as harsh as that may sound but like I said before I am certainly no employment specialist.

 

I do however from what you have said think it is a little harsh BUT like you mentioned there may be other reasons they wish to get rid of you and this may have been a legal way to do it for them.

 

You need to be considering though how you would explain this on your cv to a new employer and how you would explain a reference.

 

I am sure you have considered it but you may be able to claim JSA and other benefits such as housing / council tax benefit to tide you over til you find a job.

 

Good luck x

[adviceisneeded 1]

Thanks for taking time to read and reply.

[backofbeyond 1]

No problemo. I hope you get the matter resolved x