Help gross misconduct accidental theft:(

[Emmzzi]

Sorry to hear that.

 

Now he appeals, but he's ok to take on agency work at the same time or indeed another f/t job.

 

I am not sure there is much point engaging a solicitor; he did indeed take the item without paying, so his only grounds is mitigating circumstances. There's no point of law you can use here. Inaccuracies and delay are not relevant; he took company property without paying. Yes, the employer may have acted poorly, but the bones of the case is the theft. You will really be wasting your time and energy doing anything but an appeal based on mitigating circumstances i.e. forgetful due to overwork, long loyal track record.

 

Now get him out job hunting, pronto.

[welshmum32]

wht grounds is he to appeal on? how does he appeal?

 

hes told them he wishes to appeal.

 

hes job interveiw tue although unsure what do do about refernces.

 

hes not sure i much agency work out there for him.

 

he needs sign on and guess and we need to claim benefits short term.

[Emmzzi]

re: appeal - You don't dispute the charge, you dispute the penalty as overly harsh because of what I said above - forgetful due to overwork, long loyal track record.

 

What happened to the work he was doing the other week that we advised against but he did anyway? Do they not have some more shifts for him? Might be better for his morale than signing on if it's an option.

[welshmum32]

Thanks emmizzi.

 

Agency shifts are low paid but yes they said in future give the a call but not guarnteed he get work every day.

 

Yesterday truly was friday 13th get sack go see his mum whos rushed to hospital in abulance he dident get home until 1am this mornng.

 

Nothing we can do this weekend.

 

Hes gone libary to prepare to job interveiw which is what hes trying to focus on.

 

he searches jobs daily.

 

hes confused about appeal. does he need to be there?

does he need to take lawyer?

 

techically was straghtfowrd accidental theft how it become deception to take company property.

 

he check price with intention to pay not deceive.

yes he dident check up price right way but thats due lack of training.

 

why would a senior manager dong really well golden boy risk everything for cheap pair of 8quid trousers as the girl who got the trousers from him knew.

 

none of it makes sense.

 

hes admitted straightaway

offered to pay twice

 

hes never knowingly deceived anyone.

 

all they have is his admission.

inncaurate purchase history list

cctv footage was pretty cut and dry

 

There reaslly wasent much to investigate.

 

just felt sure if they had grounds 2weeks ago would have dimsissed then.

 

queries i have

 

was at dispilinary should they have given him suspension letter that day? not days later?

 

at 2nd disiplinary of outcome were they said in letter no new evidence/investigation then questioned him for another hour half.

 

hubby said same questons as before maybe slightly diffrently phrased like hes trouser theif of century.

 

Another thourght had today,

 

evening he worked and trousers split. he worked until 9

he then opened up 7 next day

breaking working time directive.

 

stress and long hours be mitigating circumstances.

 

im guessing company followed time frames but parts of their investigation been unprofessional and sloppy.

 

incorrect dates

incorrect purchase list stuff hes not brought still not been looked at .

 

what happends if appeal gets rejected?

 

do acas do arbitration?

 

just feel at appeal we still at mercy of company thats behaved odd and unprofessional so far.

[Emmzzi]

You are focussing on trivia and going over old ground.

 

Bottom line: did he take the trousers without paying, yes/no.

 

As it is a yes they *can* dismiss. His grounds for appeal are pressure of work and loyal track record.

 

That's it. Honestly! I cannot see any other way to go; other posters will advise if they have a different view.