Suspended pending hearing

[pb73]

Any help or advice would be greatly appreciated........

 

a week before Christmas I was suspended pending a disciplinary hearing. I work for a financial brokerage business, and one day I was on my own at work as my colleague was off. I had to take care of some business, and up to did my job to the best of my ability however on a couple of specific parts of the business did not follow a procedure set out. It was not uncommon for this to occur as it can be rectified. The problem started when I suffered a serious computer system problem, this occurred at the point at which I was looking to rectify my procedural short comings. This problem lasted for around 30 mins at in hindsight the worst possible moment. It was at this stage I realised that I would more than likely have to take a loss on such transactions. I had only the day before been told of a payrise as a result of my good performance, so when I encountered this problem I literally froze and panicked. I and my family have experienced a period of huge financial stress over which time I have been on medication for depression, so the payrise was a huge lift, the shock of the incident coupled with my concerns over the payrise led me to sit and stew over this problem for much longer than I should have. I spoke to my colleague over a recorded line to discuss the business and implied there were no problems, but I was still in a period of distress so to speak. I finally rectified the issue before the end of the day so that there was no exposure, but the loss at the end of the day was quite hefty, at around £15k (around 50% of the revenues for the month). I then came clean, but after working one more day, and a couple of days off received a call notifying of the suspension.

 

I have had a fact finding meeting and awaiting a date for a hearing. I know that I could have handled better, and have always admitted to such, but argue the system malfunctioning led to the initial problem, but there is a procedural shortcoming up until that point, something that i would argue and can prove would have been dealt with.

 

The company are accusing me of not following procedure, lying in telling the client of a different transaction than executed (something that has been done by myself and my colleague previously) and misleading the company. The latter which I can offer the excuse of shock and panic. There was no real intent of wrongdoing, but i fear a gross misconduct charge.

 

I will appeal if that is the case, but not sure how effective such will be, i fear they want rid of me so the appeal will just be a process that they have to adhere to. I have been with the company for 21 months so unfair dismissal is not an option....

 

please help, more than anything just want someone to say, I have some sort of case and hope!!!

 

thx

 

Phil

[Emmzzi]

How were you trained in the procedure? Can they prove they had told you about it previously and had you eg been audited in it?

[pb73]

Unfortunately it was sent via an email, to those who it would concern, my colleague and I have both in certain situations missed the procedure before and it actually led to my colleague having to take a loss but not the same magnitude as mine. I am hoping that this is some sort of defence and the system failure can count for something, maybe wishful thinking on my behalf.....

 

 

thanks for your reply!

[Emmzzi]

I am afraid I don't know what to say - I would apologise a lot. Unfortunate sequence of events

[pb73]

Your honesty alone says a great deal, sounds as if if they want to dismiss they can, just concerned of the impact it will have with my registrations with the FCA and prospective future employment....

[pb73]

Thank you tho!!

[Emmzzi]

Best wait and see. If you are a good performer you may get a final warning. No point panicking.

[smokejumper]

Just poking my nose in...sorry if I get it wrong. Just can't help getting involved.

 

I haven't studied it but remember reading something about FCA and you getting extra rights as it can effect your future.

 

it may jog someone's memory to add further. I may be getting mixed up with criminal or debt cases. I'm reading so much lately as I myself have a lot against me.

 

If no one chimes in, I'll try and find what I'm thinking of.

 

 

 

just concerned of the impact it will have with my registrations with the FCA and prospective future employment....

[becky2585]

Just poking my nose in...sorry if I get it wrong. Just can't help getting involved.

 

I haven't studied it but remember reading something about FCA and you getting extra rights as it can effect your future.

 

it may jog someone's memory to add further. I may be getting mixed up with criminal or debt cases. I'm reading so much lately as I myself have a lot against me.

 

If no one chimes in, I'll try and find what I'm thinking of.

 

If it's a profession regulated by the FSA then you could well be right - they are more strictly regulated so there's a requirement for good employment references (rather than the employer being able to look over a bad reference if the candidate is right in other industries).

 

I don't know the exact legalities behind it, but it does seem like something to look into!

[pb73]

thanks guys, going to have a look into this (got a bit of time on my hands!). it is a strange one, as although I have messed up and not dealt with well, this was an error of judgement not helped my mitigating circumstances, and although the company may have to take action a gross misconduct charge, given future implications may be avoided....lets hope so!

 

thanks again