Suspended from work pending investigation

[markl1987]

We had a similar case when I worked for Wetherspoons a couple of years ago, I did mention that the fault could be at the cash centre and this comment was very quickly thrown out as unlikely

 

I'll keep updating as I hear more and hope that I am back to work very soon

[markl1987]

Had a chat with union help line on friday and local office today, they said that 3 weeks suspended (4 on wednesday) with 3 investigation and still no charge is getting a bit silly now and kind of like they are fishing for something to try and discipline me over or make a scapegoat out of me.

 

I have gone through my handbook, rules of conduct, cash handling regs and just about everything else I can find and studied each page back to back and can only find one regulation that all of the issues raised in the investigation come under and that is "You are involved in irregularities concerning cash or timesheet fraud*" Im sitting here thinking to myself that this is a strong cause for concern but seeing as I haven't actually done anything wrong, have I actually been involved in an irregularity?

 

Im still waiting to hear anything further from the investigation and stress and anxiety have become ridiculous now, I spoke to my GP and he gave me some medication to help with sleeping/anxiety but thats not really done anything so far

[honeybee13]

Hello there.

 

I'm sorry it's dragging on, wish I could speed it up for you.

 

HB

[markl1987]

Thank you Honeybee

 

Ive learned a lot form the forums here and reading other threads so will keep updating and hopefully when I get sorted and am back at work I can help others

[honeybee13]

Thank you Honeybee

 

Ive learned a lot form the forums here and reading other threads so will keep updating and hopefully when I get sorted and am back at work I can help others

 

I'm sure you'll be an asset here. Let's hope your own problems are sorted soon.

 

HB

[markl1987]

Had a welfare call from my line manager today and asked if she knew anything yet as its been 4 weeks since I was suspended now and she said that the investigating manager is now on holiday and she doesnt know when I will hear anything

 

Ive spoken to my union who said that its dragging out too much now, 4 weeks, 3 investigation interviews and not even given a rule/policy I have broken so far. Im very stressed, anxious and this whole situation is causing a huge amount of strain on my personal life too

[wander27]

Hi mark,

 

I know the exact emotions, stress and anxiety you are going through at the minute!

 

I have been on suspension for 5 weeks today, and to e honest it is highly likely I will be on suspension for 7-8 weeks.

 

I had my DH a week after I had been initially suspended, so I have had 4-5 weeks now of just waiting around waiting for the decision to come through. It really is a joke. I have had no contact from anyone within our company to see how I am, for all they know I could have turned into an manic depressive, alcoholic anything. These employers put their employees on this suspension without any care for their health or what effect it can have on them and their family.

 

I am currently waiting for the manager dealing with my case to return off holiday (which he informed me of via e-mail on the day he was commencing his annual leave) and I know when he comes back he is wanting to do some more investigating with another person (I only know this as someone has told me that shouldn't really know about the whole situation)

 

I just want you to know that although it seems like the world is closing in on you, your not the only one these people are doing it too. It really is downright disgusting! If they had a strong case with sound evidence then I can honestly understand, but they don't, and in my opinion they should have some serious retraining on people skills!!!!

[Debvfm]

Hi, I feel the pain of both of you, I am going through the same myself. I think that it speaks volumes that these employers have NOTHING to go on hence the continual digging in the hope they find something! This is another reason why it is dragging on for so long. I hope I get a decision soon on mine as I have another job to start and want to get on with the rest of my life.

 

There must be some sort of recourse for the mental torture and worry they are putting us through.

[markl1987]

I know I have not done any wrong and expect to go back to work soon and will be looking at some kind of grievance or complaint along with my union over the amount of time it has taken to get this far and the lack of information passed to me.

 

It sounds like I have been fairly luck with a weekly call from my line manager asking how things are and that that isnt always the case for others but I still feel very uninformed and like work are still digging for more and cannot accept they have nothing on me and that when they decide people have done wrong and to investigate it they may well be wrong

 

I think its just plain cheeky of the investigating officer in my case to tell me she will be in touch as soon as possible with further information but she cannot tell me when this will be because she was on holiday as of the next day! I wouldn't have spent a whole week worrying and wondering if she had mentioned it would be at least another week etc

 

Im looking for another job already and will be moving as soon as I find something I want to do but will not be leaving this one without resolving this issue as I know I am not guilty of anything and leaving now would look like I am guilty of something

[markl1987]

Ive had a missed delivery card from royal mail today for a recorded letter and now Im worrying so much, have worked myself up into a right stressed out state dreading what it will be :/

 

I cant get the letter until tomorrow so have to spend the night wondering what it is going to say, Im terrified it will be something bad and Im feeling so distressed right now

 

I went to contact the investigating officer who is on holiday until tomorrow so I have no one to contact about it

[honeybee13]

How frustrating for you. I wish I could help with this, will a virtual hug do?

 

My best, HB

[lbruk]

Well, there is nothing you can do until the letter is read! So try not to worry too much about what may be. And anyway it might be better news than you dread!

[markl1987]

Thanks to both of you, 5 weeks of stressing is starting to get me down and worked up. I'll go collect it as soon as I can tomorrow and hope for the best

[assisted blonde]

Good luck

[Debvfm]

Good luck. I hope it brings the outcome you want and need. If not we are all here for you on this site. You are not alone I can assure you. Please please don't make yourself ill, and let us know what the letter brings. Got it all crossed for you. xx

[transient]

I agree with the above sentiments, been following this from day one. I do hope it is good news.

 

Just want to bring this up though, I thought she was going on holiday and said it will conclude when she returns? Are you expecting anything else?

[markl1987]

Im guessing that she was on leave but possibly in work for some of those days as the letter was posted on saturday 25th by her and she isn't due back at work until today

 

Just went to pick up the letter and arrived home to find that it is an invite to disciplinary next week along with all the paperwork from the investigations

 

Reading the letter and some of the paperwork has pretty much brought me to tears, the main body of the letter says about disciplinary, date and time etc but it says

 

"Further to your interview with me at XXXXX,XXXXX on XXXXX you are now charged with the following irregularities, in accordance with Section 9 of the Disciplinary Procedure:

 

That on various dates between 20/04/12 and 21/07/12 you were involved in accounting irregularities resulting in financial gain to you. This constitutes theft which is an act of gross misconduct"

 

It goes on to mention spokesperson, union rep etc and they have collated all the interview notes in an investigation pack. It also says that the outcome may be dismissal

 

Im reading through in a huge panic now, I haven't done anything dishonest or to my own financial gain and now I don't know how to prove it to them! Im terrified of losing my job because I don't know how to prove that I am not involved in anything untoward, going through the notes it seems like nothing I said has been taken into account at all

 

Any help or comments would be massively appreciated

[lbruk]

I'm trying to think about the best way to handle this.

 

They seem very adamant that you have made financial gain from your error. If you can prove that you haven't then a big part of "dishonesty" will have been quashed. Would the financial gain have been cash?

Other than continue to express your innocence and really try to say how long you have been an employee and that you have never had these issues before so why would you risk your job for a few extra £. Its going to be a tough meeting, so make sure that someone is there for you as a witness.

 

I think that an error has occurred, and that you should concentrate your defense on your honesty.

[markl1987]

I really cant think of how to prove to them that I haven't taken anything, gained in anyway or been dishonest.

 

I know that on the date of the first irregularity (4 months ago) that I did my job correctly and filed away what they are now saying is missing and I said I know I file away my work correctly but in the conclusion of the investigation pack she has quoted

 

"Despite offering me every opportunity to offer an explanation regarding the missing tickets and coupons ML was unable to do so.

Due to the lack of any explanation for the missing tickets and coupons despite ML's competence in his role it is in my belief ML has either sold on the original tickets, non-issued blank tickets then disposed of the remaining tickets/coupons or non-issued the tickets, retained the cash value and disposed of the original tickets and coupons. In both cases it is my belief that ML gained financially which constitutes theft and is contrary to XXXX code of conduct"

 

How can I argue back with that? I know I did my job correctly and I am not responsible for whatever is missing. I file my paperwork at which ever station I have to work at and leave it there, I don't have any further contact with it and I have not done any of those things that she has said, I really am feeling distraught that they think I would do that

 

Im going to again contact my union but I feel there is nothing I can do and that it feels like work have already decided to dismiss me

Edited August 29, 2012 by markl1987
Missed out a part

[lbruk]

You can argue back that their belief is incorrect. What evidence do they have that you have sold them on, that is an unbelievable jump and accusation for them to make. Surely they would have just assumed them lost? What have they done in the past with matters like this, what are the precedents set by other investigations into this type of loss?

 

Is it conceivable that someone else had access to those tickets and therefore took them? Is it conceivable that they were just lost? Can they solely pin it down to you and only you had access to those tickets from the moment they were returned to the moment they were to arrive at their supposed resting place?

 

If the answer is no, then how are they making this all your fault?

[markl1987]

There is no evidence at all that I have sold them on, taken them or done anything other than file them! Firstly because I haven't done any of those things and secondly there just isn't any truth in the belief. There are two managers one who was the investigating manager and the other from the accounts department who gives his opinion as the same.

 

Im not aware of any other investigations about things like this or anything else really as I have never really wanted to be involved in anything like this.

 

It is very conceivable that a lot of people have access to these tickets just as a minimum there are the resident staff at the stations, agency gating staff, managers, accounts staff, builders and engineers plus many more. The returned tickets at all stations generally sit in boxes/trays in view of everyone and accessible to anyone in the office until the period end which involves them being transferred to another box/tray and them being put in a cabinet or filing box depending on the location where they are stored (accessible to anyone) for a year before disposal, there are some missing ones at two bigger stations that have already been dismissed by the investigating officer due to poor filing systems there

[markl1987]

and to add to the ****ed off-ness I have I now cant get hold of my union rep!

[markl1987]

Still no luck getting hold of a union rep so am going to have to try tomorrow.

 

Ive got a folder of bits and pieces from interviews etc and would appreciate it if anyone here could look over my thread and offer any suggestions or help, I can try to fill in any information from the folder I have been given if clarity is needed

 

Thanks in advance for anyones help

[transient]

I am with Ibruk here, there is no foundation nor evidence for this. Unless they had you on CCTV or something substantial as PROOF then I cannot see how they can jump to that conclusion.

 

One thing that stands out is the process is not correct due to the many people that have access during all this time and their process is totally inadequate. If this was to go to the police for example this would be laughed out by the CPS and the police wouldnt have any evidence to charge you.

 

You must reiterate you followed procedure as always and nothing has changed. If anything they should look at changing their process so other fellow innocent colleagues do not get caught up in something similar.

[firstclassx]

If they are using a system called Fujitsu star, the below is impossible:

 

"Despite offering me every opportunity to offer an explanation regarding the missing tickets and coupons ML was unable to do so.

Due to the lack of any explanation for the missing tickets and coupons despite ML's competence in his role it is in my belief ML has either sold on the original tickets, non-issued blank tickets then disposed of the remaining tickets/coupons or non-issued the tickets, retained the cash value and disposed of the original tickets and coupons. In both cases it is my belief that ML gained financially which constitutes theft and is contrary to XXXX code of conduct"

 

You can't non-issue a ticket that is blank. The system reads the magstrip to non-issue, so if there is nothing written to it then it will refuse to non-issue.

 

How much (financially) are we talking? A few £, £100, over £1000? If it is a lot of money, collate your bank statements to show no irregular payments INTO your account, nor any excessive spending, or that you have no or very little financial problems, debt etc.

 

Back in my days the things we used to find where all based on "collecting off" and non-issuing tickets that passengers surrendered at the end of their journey.

 

Why don't you play them at their own game? Go to the British Transport Police and inform them you believe you are a suspect in a theft case and want to make a statement. The BTP will presumably have no knowledge of such case and tell you nothing they can do. Get the officers name/rank etc, then when you go to the Disciplinary inform them you visited the police to make a statement but no crime had been reported. Ask them why if they believe you have committed theft, they haven't reported it to the railway police force they fund from their profits to tackle such problems.

 

The disciplinary panel, (as well as an Employment Tribunal), will simply decide on the "balance of probabilities", not always on hard facts.

 

I will tell you now, from personal experience, you will almost certainly be dismissed. You will have to appeal internally then lodge a case with the Employment Tribunal. RMT will always fund and sort this out if you are realistically able to win. They use Thompsons Solicitors.

Edited August 29, 2012 by firstclassx