Disciplinary Hearing - Gross Misconduct

[Xavie]

Hello, I'm new here, and this seemed like the right place to post the topic. I need some advice. I'll try to put as much detail as possible.

 

I work for a retail company in a department store. I've been there for almost exactly one year with no problems. However, I've been called to a disciplinary hearing this Monday. It is concerning an apparent fraudulent filling in of timesheets. The signing-in sheet and the timesheets I sent off to my manager show an apparent discrepancy. The discrepancy almost resulted in me being overpaid by £50 in the past three weeks, though I've informed payroll that they can deduct it from my wages, which they have done.

 

Looking at the evidence presented to me, it seems that it was an honest mistake on my part, as my working hours changed a month ago, and this required a change of procedure I wasn't informed about. It was my first job using a hard timesheet, so I didn't have prior knowledge of how to fill them in. I would argue that I wasn't properly trained at the start of the job, as my training consisted of an informal store tour that lasted 90 minutes and didn't cover the signing-in sheet. I wasn't asked to sign anything signifying that I'd had adequate training. Also, I don't have access to the staff handbook; I was asked to return the single copy sent to me with my contract, so I had no copy to keep, and the digital copy on the company's computer system is inaccessible due to a technical issues. It has always been inaccessible despite my informing two managers of the problem.

 

So, I've made a list of potentially mitigating points that could work in my favour;

 

- I wasn't properly trained: My training consisted of 90 minutes one Saturday, and was essentially an informal tour of the store.

- I've shown only the best of intentions in the past; I've consistently produced some of the best sales figures in the store's history, and I've offered to sacrifice my banked holiday without taking it because the company was having trouble finding cover for me.

- I don't have access to the staff handbook; I was asked to return the lone copy sent to me, and the digital version is inaccessible from the store computer, despite my informing two managers of the problem.

- I was happy to pay back the £50

 

Bearing in mind there was no malice or dishonest intent on my part, my willingness to repay the sum overpaid, and my exemplary record, how do you think this will pan out? Also, could this go to court? And should this go to court, how do you think their case would hold up?

 

Any advice would be appreciated.

[assisted blonde]

first of all it wont go to court, you have made a mistake and paid back the money go to the disiplinary and explain that it was a mistake and that you havent had adequate training, payroll have already deducted the overpayment and I assume this was done as soon as you knew there had been a mistake. I wouldnt have thought that this would go much further if it was a mistake and you can explain it, but i have to say that you dont have any real employment protection so dont get their backs up by being beligerent or difficult, but you could mention again about the handbook or lack of access to it.

[Xavie]

first of all it wont go to court, you have made a mistake and paid back the money go to the disiplinary and explain that it was a mistake and that you havent had adequate training, payroll have already deducted the overpayment and I assume this was done as soon as you knew there had been a mistake. I wouldnt have thought that this would go much further if it was a mistake and you can explain it, but i have to say that you dont have any real employment protection so dont get their backs up by being beligerent or difficult, but you could mention again about the handbook or lack of access to it.

 

Thank you for your advice. I suspected I probably wouldn't be secure in my job. Relatively speaking, I'd be okay with losing my job. I was really worried about it going to court, since it is technically fraud, and I start university later this year and wouldn't want the case looming over me.

[assisted blonde]

I wouldnt worry about that, as I said an honest mistake, money paid back, shouldnt be a major problem

[JurgenMK]

Sorry, but something does not sound quite right here. Why has this then been taken to disciplinary stage in the first place?

[Xavie]

Sorry, but something does not sound quite right here. Why has this then been taken to disciplinary stage in the first place?

 

I presume it's because a fraudulent act was committed, regardless of whether it was accidental or repayment has been made.

[foodandbeverage]

I presume it's because a fraudulent act was committed, regardless of whether it was accidental or repayment has been made.

 

It does not matter how much is being defrauded as fraud is fraud. The company is well within their rights to investigate and then discipline employees.

 

The disciplinary reason is that you had knowingly defrauded the company i.e.you had been over stating your hours.

 

Whether you have knowingly or unknowingly tried to defraud the company is another matter but going to court for £50? Seriously? It'll cost them a few hundred just to go to court and for what?

 

Worst case scenario is that you'll get sacked for gross misconduct and that it'll be on your work record. If I am reading this correctly, you have met the criteria to claim unfair dismissal so you do have a comeback but you need to have started work before April 2012 to qualify.

 

Next time don't be so sloppy as the aggro is not worth it.

[steampowered]

I think you have done all you can do. You have apologised for it and made it right by paying back the £50. All you can really do is go to the disciplinary and explain that it was a genuine mistake.

[ericsbrother]

Fraud needs intent so you wont end up in court. Your employment period means that you can be dismissed without any comeback if procedures are properly followed so you need to show your employer that your lack of training and experience brought this about and that you are sorry and willing to undergo the necessary training to prevent such errors recurring. If the rest of your work record is good then I see a formal warning as being the most likely outcome.

[Emmzzi]

how do you make a mistake on a hard copy time sheet as long as you have a phone or watch the check the time? I'm not really following what happened. I'm not sure you need training to write the time down, what am I misunderstanding? Break times?

[Pusillanimous]

For what it is worth, it is quite normal to "round up" to the nearest quarter of an hour, if this is what it is about.

[Xavie]

how do you make a mistake on a hard copy time sheet as long as you have a phone or watch the check the time? I'm not really following what happened. I'm not sure you need training to write the time down, what am I misunderstanding? Break times?

 

There are separate signing-in sheets for the morning and the afternoon. I previously worked an afternoon shift, but moved to morning, and didn't know that I had to sign a different sheet as I was never told to and they weren't labelled. This meant that my timesheets stated fifty minutes more per day than the signing-in sheet, creating a discrepancy.

 

Anyway, I went to the meeting yesterday. My manager said she understood that there were mitigating circumstances, but that the discrepancy was still very serious, and my contract was terminated as expected. She said that HR didn't consider it fraud, though, and thus it wouldn't go any further.