Appealing against dismissal for gross misconduct

[Badluck123]

Hi, can some advise me pleAse advise me?! I have been suspended from work cuz of alleged theft which I am concerned bout?! I work for a company where we have a free canteen, we are not allowed to take any thing off the company premises or to the car park.

 

Last week I took a drink from the canteen at break time and was going to my car to get my cigarettes and come straight back in to the smoking shelter. Whilst I was walking past the security officeI showed the drink to the guard and says I'm just going to get my cigs and can't me straight back, I've done this many times before. He told me to come into the security but and says I can't take the drink with me and he said leave the drink in here which I did.

 

So I went to my car smoked a cigarette and on my way back in i went into the security office and asked the security for the drinks so I can put it back into the canteen he said no. Anyway next day I came into work and he filed a complaint against me saying that I was trying to take drink off site.

 

I have been suspended whilst an investigation takes place. I have been suspended for alleged theft?????!!! I didn't steal or have any intention to take the drink without notifying security as I have always followed procedure. I didn't have anything concealed nor did he search me.

Edited March 14, 2015 by citizenB

[scousepie]

you could be disciplined for not followed company procedure !! But Theft ? You did not leave the building with the can of coke.... just a thought.

 

Definition of “theft”

 

1 Basic definition of theft.

 

(1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

 

(2)It is immaterial whether the appropriation is made with a view to gain, or is made for the thief’s own benefit.

[Badluck123]

Thanks.

 

Also the security guard should've made me sign the security book to say that an incident occurred and reported it straight away to my supervisor in the warehouse which he didn't. I personally see nothing wrong in what I did but it's alwsys good to get a view from a neutral person.

[scousepie]

You need to find out what the security procedure is, and find out if security have followed their own process... good luck.

[king12345]

I wouldn't worry.

You haven't stolen anything because you left the drink in the building while smoking a cigarette.

You didn't take the drink with you and as you said you didn't try to conceal it.

The security made a complaint and the company must investigate, this is standard procedure.

It will result in you having a few days off on full pay.

[Badluck123]

Ok, I have the same tort. I've been working in the company for 18 months and have never had any problems relating to this or anything else as I always follow company policies

[i hate bailiffs]

Just because you have been suspended it is not meant as a punishment

Just to allow them to investigate what may of happened

 

Any follow up meetings you can take representation with you

Union rep work colleague ect

Good luck

[Badluck123]

Hi, I have an appeal next week against my dismissal for gross misconduct at work.

 

The initial allegation was for attempted theft of drinks from work canteen. I work at a place where we have a free canteen, I have been working their for 20 months with out any problems against me, the procedure is that when u take a drink and you are going to the car park u have to report to the security who is in a hut just as you go to the car park. Either u don't take drinks to the car park or u leave them with the security and can collect them when u come back.

 

Anyway on the 9th of March I did what I normally do which was take a drink from canteen and as I was waking to the car park I was absent minded and forgot to go into security hut, as I was walking past hut the security guard knocked on the window and called me back in. I went back in and handed the drinks to him and said I'm going to grab my cigs and come back.

 

When I came back I went in to the security hut and asked for the drinks back and he said no. So I just went back into work. The next night at work I came into work and before m shift my supervisor took me upstairs and asked me questions relating to the previous night. Apparently the security guard wrote a statement saying I had the drinks concealed in my pocket and I tried walking past the security hut.

 

So I was asked a few questions about this which obviously I denied concealing them cuz they were in my hand. I was suspended and then called to a disciplinary and was dismissed. I told them to check cctv go see whether or not the drinks were concealed the cctv showed the drinks were visible in m hand.

 

But the person conducting the disciplinary still dismissed me for not following company procedure and trying to go to car park without entering the security hut. My mAin reason for this was I had a lot of stress at home and I was absent minded. There was no evidence to suggest that I tried stealing the drinks.

 

Anyway I have an appeal next week with the senior director and I have medical evidence from my doctor which was for the 1st of March stating that I was suffering from domestic stress and should take time of from work. My main defence is the medical note and the fact that the statement made by security was wrong As he said I had drinks concealed, the cctv showed otherwise.

 

I would like some advice regarding this matter??!! Is there a chance I can get my job back??

 

I know it's a bit long winded but this is the shorter version??

Edited April 10, 2015 by honeybee13
Paras.

[Badluck123]

Please also note that my record with work is excellent, no latenesses, no absences, great work rate, etc. the penalty of dismissal was too harsh as the allegation against me was without evidence. Also the fact the security guard wrote a statement which was not correct at all. There was no evidence to suggest that I tried to steal the drinks nor does my record at work reflect any bad history in relation to this or any other type of behaviour. I just think they went by what security guard wrote without taking into consideration my version. At the disciplinary I did not show them the medical note as I tort it would be sorted without this but in the appeal letter I have stated I have medical evidence relating to the stress I was having at the time and that's y I was absent minded.

Edited April 10, 2015 by Badluck123

[Emmzzi]

If you doctor told you to stay off work, and you went in to work then the consequences are on you for ignoring that advice. I wouldn't use it in your appeal, it just shows you can't follow direction well.Appeal on the grounds that you were not allowed to dispute the security guard statement, an given you made an error of judgement with no malicious intent or plan to steal, the penalty is too harsh. You do admit a minor breach of protocol.

[Badluck123]

Ok. I know there was no malicious intent at all.

[Emmzzi]

Good luck; crossing my fingers!

[Badluck123]

Thanks

[honeybee13]

Hello there.

 

I've merged one of your old threads with this new one so that the history is kept together.

 

HB