accused of theft and facing disciplianary

[emsiem]

I have been suspended from work under allegations of theft although I haven't actually been seen doing anything wrong. I was lured to my work place under false pretences . I was telephoned my manager asking if I could come and do him a “huge favour” as he couldn’t locate vital information for the internal audit “because you’re a star and you will find everything much quicker”. When I got there I was called into the office alone, with 3 men, the door was closed behind me. I was then told by The operation manager that he needed to ask me a few questions regarding missing appliances. As I thought I would be finding paperwork not being interrogated I found this a very uncomfortable situation to be put in and being a lone female in a closed room with 3 men found this scenario to be highly intimidating and confrontational. At no point was I given the opportunity to have someone accompany me (an un-biased 3rd party) and felt the way this was conducted was extremely one sided. During the meeting I asked my manager why he had lied about his reasons for me attending the depot to which he replied “Well we couldn’t tell you the real reason we wanted you here, Could we?” This statement leads me to believe that he intentionally set out to deceive me. During the ‘meeting’ I was told by the operations manager that I was not being accused of anything but he wished to eliminate me from enquiries. I was then subsequently suspended on full pay with no guidelines given to me as to what this would entail on the day leaving me in a state of stress, confusion and panic as I had no idea of what the future proceedings would be. The operations manager made a statement to me at the close of the ‘meeting’, “If I was you I would be expecting the police at your door” which I feel was a threatening statement and bared no relevance to what he was attempting to achieve, nor do I believe it was his place to make this known. His statement left me on edge and seriously concerned about the impact this ‘visit’ would have on my young children. I also believe this statement contradicted the previous one made about me not being accused. Surely If I was not being accused the police would not be coming to my home. This comment was unsurprisingly left out of the notes written.

A few days later I received a letter outlining my suspension on the grounds of ‘alleged theft of company property and associated loss of trust and confidence’ which I believe to be again, a complete contradiction of the operations manager previous statement that I was not being ‘accused’. I later received a letter regarding this disciplinary hearing . In this letter I was also told that a fellow employee or trade union member could accompany me to the hearing. However in the previous letter I was told I was to have no contact with fellow employees accept my partner. As my partner is not independent from this matter I do not feel it should be him who accompanies me. As I am not part of a trade union and have never been given any instruction on how to join one, I am sure you can see this leaves me with no option other than to attend on my own, which given past experiences leaves me feeling unnerved. In the disciplinary hearing letter I was given copy of notes taken during the unscheduled ‘meeting’. Aside from a fair proportion of the notes regarding what I have said being incorrect, there are also statements missing that other people in the room made. I was at no point told notes were being taken and would be used as evidence for the hearing or forwarded to the police, which as far as I am aware is illegal without my consent or without me signing the notes to confirm their accuracy. Although it states in the company handbook that notes can be taken during an investigation and used during disciplinary, I was at no point told this was an investigation against me and therefore dispute the legitimacy of these notes.

I have been isolated from my only friends (who are my colleagues), I have been left feeling worthless through no fault of my own. I have been suffering from panic attacks, loss of sleep and various illnesses which I believe to be stress induced. As an apparently ‘valued’ member of staff for over a year, who left to manage the outbase and nominated for employee of the month twice, I have been treated like a low life with no worth and have been made to feel like the most un-trusted, undesirable person ever known. Do you think I have any grounds for a case against them for the way I have been treated?

[knowusebruce]

Ask to record the disciplinary meeting for clarity. mention that the comment about the police was not on the notes of the first meeting and it causes you concern that other comments will also be missed. deliberately or not.

[Emmzzi]

Hello, I am sorry this is making you so stressed. However suspending on pay and asking you investigatory questions is all quite legal.

 

Have you been to see your GP for support?

 

Do you have any reason at all to think they may have evidence against you?

[kennythecelt]

Right.

 

This is very stressful but you have the support of your husband whom I understand works at the same place as you. Please make an appointment with your doctor regarding stress and anxiety and record the fact that you have been accused of gross misconduct and outline the impact it is having on you. Presumably the doctor will prescribe medication to you for stress/ depression/ anxiety caused by this and record a brief outline as to why these were prescribed. Your GP may even decide that in their opinion you are not well enough to attend a disciplinary hearing at this time. That would be a result as it gives you some more time. You would need to submit any sick note to your employer. This will be useful later for a variety of reasons.

 

Do not mention any personal info or info that can identify where you work.

 

I'm going to ask some questions in list format and you answer them all that way. It makes it easier to track back for others later on.

 

I'm assuming you are innocent- is that correct?

 

You said:

allegations of theft although I haven't actually been seen doing anything wrong.

. What do you mean by that?

 

Your job seems to be related mainly to paperwork, what is your job and responsibilities? Do you come into contact with appliances and what are these.?

 

What were you accused of and why do they assume it was you?

 

Do you think it might be someone else?

 

When did this alleged incident of theft take place?

 

When did this meeting take place?

 

When this "meeting" happened, what positions did the other 2 men hold within your work? Are they witnesses to the allegation of theft or were they just there as witnesses on behalf of the boss? Did they ask any questions and if so, what? (NB they can be brought as witnesses to the disciplinary hearing to clarify the issue about your boss's comments re the police coming to your door and any other inaccuracies in the so called report of the meeting. That way, things can be clarified and corrected. If this went to arbitration/ etc, it is similar to court, so statements need to be accurate.)

 

What is the date of the disciplinary hearing? Are you fit to attend that?

 

What does the letter asking you to the disciplinary hearing actually say- briefly outline main points?

 

What documents are with that letter?

 

What proof do they have, do they have witnesses, why do they think it is you? You need to think clearly about why you are being accused of this.

 

Who is conducting the disciplinary hearing?

 

Have they given you written statements from other employees regarding the theft?

 

Have you identified someone who is competent that can accompany you to the hearing, bearing in mind your husband is out of the equation for a variety of reasons? Employees have a statutory right to be accompanied by a fellow colleague or trade union official when they are required to attend disciplinary meetings. You are not in a union so you need to decide who it is going to be. Do not attend on your own, for a whole variety of reasons but mainly, to be someone friendly in your company during a stressful process and to take note. They can prompt you to raise certain issues which you will have prepared in advance. You can take a friend. You would write to your employer advising them of this.

 

You have a copy of their disciplinary policy, is that correct?. In your opinion, have they followed it? If not, why not?

 

Is this a big or small business?

 

This is a brief summation of the process

 

If your employer thinks you are guilty of gross misconduct they must be able to prove that:

 

the decision to dismiss you was one that a reasonable employer would have made (this is really about probability and not like being proven guilty in a court, unfortunately); and

was fair and reasonable in the circumstances; and

that the offence was so grave that dismissal was an appropriate sanction. (this is the case with you, given their allegations)

 

To establish these elements, your employer should:

 

Tell you that they suspect you of gross misconduct and that you face the sack if the case against you is proved.

And undertake a thorough investigation to establish the facts. This is required under the Acas code of practice, which all employers must follow when dealing with gross misconduct. (A link is given below)

 

(Note: Your employer may suspend you with full pay while they establish the facts, but must make it clear that this suspension is not a disciplinary action and does not involve any pre-judgment on its part).

 

Offer you a face-to-face meeting to put your case and hear the evidence against you before deciding whether to take action.

 

They should ensure that you are given reasonable time to prepare for this meeting.

Allow you to bring a friend or colleague to the meeting.

If your employer decides that the case is made out against you and decides to dismiss you, they must set out in writing:

 

the alleged misconduct which has led to the dismissal;

provide you with the reasons for thinking at the time of the dismissal that you were guilty of the alleged misconduct; and

your right of appeal against dismissal.

 

A copy of this written statement must be sent to you.

 

You can appeal within the timescale. That is a legal right.

 

Nothing they have done is illegal however. We might find something they have done that can assist you.

 

A couple of the site admin are real experts on this, with great success. Some of the other regular posters are likewise expert.

 

Please note this site, it has all the info you need. Your husband can help you go through it. http://www.acas.org.uk/index.aspx?articleid=1339

 

Before you do all this, run a hot bath, put on some relaxing music and take some me time. Then start working on the above issues and start thinking.

[emsiem]

I'm assuming you are innocent- is that correct? Yes I am innocent

 

You said: . What do you mean by that? some items went missing from drivers vans and they happened to stop near my address. on one occasion i was not there and the driver was returning a borrowed item to my partner. The other occasion a separate set of drivers were near my adress to see another driver who lives opposite me which they have all confirmed.

 

Your job seems to be related mainly to paperwork, what is your job and responsibilities? Do you come into contact with appliances and what are these.? Yes i do come into contact with them but not in any situation where i could steal them.

 

What were you accused of and why do they assume it was you? i am not too sure of what i am accused of they haven't actually said online outlined on the grounds stated in the letter which i mentioned above. i am assuming the company think these items have been taken to my home?

 

Do you think it might be someone else? it could have been anyone there are 23+ vehicles these items could have gone on to and not recorded correctly by staff which vehicle. I t could well have been any driver but certainly had nothing to do with me.

 

When did this alleged incident of theft take place? on two separate occasion, 2 separate crews/vehicles around 3 weeks apart.

 

When did this meeting take place? approx 2 weeks ago

 

When this "meeting" happened, what positions did the other 2 men hold within your work? Are they witnesses to the allegation of theft or were they just there as witnesses on behalf of the boss? Did they ask any questions and if so, what? (NB they can be brought as witnesses to the disciplinary hearing to clarify the issue about your boss's comments re the police coming to your door and any other inaccuracies in the so called report of the meeting. That way, things can be clarified and corrected. If this went to arbitration/ etc, it is similar to court, so statements need to be accurate.) they asked lots of questions eg whether i knew of any thefts, my relationships with the drivers etc. one was my manager, his manager who asked the questions and an auditor who it now seems took the poor notes.

 

What is the date of the disciplinary hearing? Are you fit to attend that? it is tomorrow i think i am for also i could very easily stress and deteriorate i am not in a great place at the moment.

What does the letter asking you to the disciplinary hearing actually say- briefly outline main points? it outlines no points only that it is alleged theft and loss of trust. it contained the minutes that were not accurate.

 

What documents are with that letter? as above

 

What proof do they have, do they have witnesses, why do they think it is you? You need to think clearly about why you are being accused of this. no witnesses only a tracker report from two vehicles in the vicinity of my address (a housing estate) and for not very long by all accounts.

 

Who is conducting the disciplinary hearing? one of the big head office bosses.

 

Have they given you written statements from other employees regarding the theft? no, they interviewed 4 drivers me and my partner i only have my notes.

 

Have you identified someone who is competent that can accompany you to the hearing, bearing in mind your husband is out of the equation for a variety of reasons? Employees have a statutory right to be accompanied by a fellow colleague or trade union official when they are required to attend disciplinary meetings. You are not in a union so you need to decide who it is going to be. Do not attend on your own, for a whole variety of reasons but mainly, to be someone friendly in your company during a stressful process and to take note. They can prompt you to raise certain issues which you will have prepared in advance. You can take a friend. You would write to your employer advising them of this. No i do not i think i will go it alone i am determined to see this through.

 

You have a copy of their disciplinary policy, is that correct?. In your opinion, have they followed it? If not, why not? yes i do. no i do not believe they have they followed it they took notes when i was not told it was a investigation which is the only situation in which they can do so.

Is this a big or small business? a big business.

 

I will be going to the doctors tomorrow due to the health impact on me. i have never been in trouble and am a very honest law abiding person ho really thought she was doing a good job building a life and career for myself - how foolish i have been.

 

Thanks for all your advise i really appreciate it

Edited January 23, 2014 by emsiem

[caro]

I would seriously advise you not to go it alone. Apart from what Kenny already said about prompting you, they may pick up on things said in the meeting. It can be difficult to remember everything that's been said so good to have someone there on your side tha you can speak to about it later and jot some notes.

[kennythecelt]

To add to what Caro has, said, do not under any circumstances go alone. This is vital. They can be a shoulder for you, prompt you and take notes.

 

Tonight you need to itemise a full list of all points you need to get across

 

You are entitled to question the validity of the statements, make sure you do.

 

You should call the other 2 people as witnesses and the person that dropped something of at home. You can ask them questions.

 

You should have been given the opportunity to call witnesses.

 

Is there CCTV coverage of the vans, ask to see that of the dates stuff went missing.

 

If you are going to to the doctor, what about the hearing?

 

On the dates stuff went missing what were you doing. Check your computer, for emails, your mobile for calls and texts to help you remember

[kennythecelt]

I note you are still on line but have not replied. Perhaps you are busy on the case. Keep calm.

 

 

 

I missed the blooming obvious-------- the van drivers. OK there is a tracking system, but where are their statements and why have you not got them?

 

Have these van drivers been interviewed, if not why not? They are a key part of the case and can be called in your defence.

 

Additionally, ask for full details of each days tracking records for the vans that were involved in items going missing. There might be something in that that gives a clue.

 

Has stuff gone missing before? I would not be surprised if it had as it's a large organisation. What happened on those occasions and were the same van drivers involved? Is there a pattern?

 

Look for evidential stuff that builds a pattern and add these kind of questions to your list for the meeting.

 

They will have a list of questions prepared for this. If your answer goes one way, they are prepared for that and have another question prepared, missing on out. So, you need to be aware of that and act accordingly. You are given the opportunity to state your case.

 

This is best done by having an itemised statement like we discussed before.

 

Do you have any questions to ask us?

 

Best of luck.