Suspension from work - gossip from supervisors

[Chayton]

Hi again,

 

 

More problems. As stated in a previous thread somewhere on here, I work as a cashier at a local filling station, and have done so since July last year. In mid Feb this year the previous franchisee was replaced, and all staff were TUPE'd over to the new guy. In the (not quite) couple of months that the new franchisee has had the franchise, I've had unlawful deduction problems, holiday pay problems, and weird tax code problems, none of which have yet been sorted out, but that's another matter.

 

 

The latest problem is this:

 

 

At the beginning of last week (Monday) I was called into the office as soon as I went in to work whereupon I was advised that I was suspended on full pay while an investigation was carried out into alleged "misappropriation of stock". This was the only explanation I was given, no details, nothing else. I was advised in a letter handed to me that the duration of the suspension was only to be for as long as it took to complete the investigation, and that during this period I should remain available for work during my normal working hours etc, the usual stuff I would imagine. It also advised that I was instructed not to contact or attempt to contact or influence anyone connected with the investigation in any way, or to discuss this matter with any other employee or client of the company. However, should I wish to contact any employee who could assist me in preparing an explanation for the allegations made against me then I should contact the manager who would make arrangements for them to be made available for interview.

 

 

I have a few issues - (1) I have no idea what the allegation actually pertains to - "stock misappropriation" is the only explanation I have been given, no indication of what stock is involved, when, where or what form the misappropriation takes - nothing, just those two words "stock misappropriation". How, therefore, am I to know who to ask to assist me in this matter.

 

 

(2) The suspension has so far lasted a week and a half - I was initially employed as full time staff, and since starting my employment have always worked a minimum of five days a week, 8 hours a day - sometimes six days a week - I presume therefore that my suspension period will be paid at the same hours. My rota last week had me working five days - Mon, Tues, Thurs, Fri and Sat - Monday was supposed to be at double time for the bank holiday. Are they under any obligation to pay me double time for Monday still, since I was suspended on that day? Since I have not seen a rota for this week as I have not been in, is it possible that they will not pay me for the full five days that I normally work?

 

 

(3) I have kept by the word of the letter and not contacted anyone or spoken to anyone about this matter, (not that I would be able to say anything in any event, since I have no clue what the matter relates to). However, gossip is apparently rife. I saw a colleague today quite by chance in my local shop. He advised me that at least two members of staff - one who is being trained as a supervisor - is telling people that I have been "sacked for stealing a packet of cigarettes" - the colleague wondered if this was the case. I told him that I was unable to speak about the matter, but that so far as I was concerned, I had not been sacked, merely suspended pending investigation. My question regarding this point is that, considering I have been told not to talk to anyone about the matter, should I not be afforded the courtesy of the same in return. The persons gossiping are not connected with the case, one is not yet a supervisor, and yet appears to know more than I do about what is going on. He is a friend of the manager, and they visit each others houses. The trainee supervisor's wife, who also works at the same filling station, also knows all about this matter - and I have no idea who else these people have told that I have apparently been sacked for stealing. Is it not prejudicing any defence that I may wish to raise - since I now cannot guarantee that someone I may wish to rely on in my defence has not already been prejudiced by his gossip. Why has the manager discussed this matter with this person in the first place, given that he is not connected with the case.

 

 

How long is a reasonable amount of time to wait on suspension pending result of the investigation? I did write a note on the day I was suspended, asking that full disclosure be given before a further meeting was arranged. I have yet to receive anything.

 

 

My employment history is exemplary, and since I started working with this firm last June I have in fact been employee of the month on several occasions - the problems have only started since this new guy took over in February. I cant help feel that there's an attempt here to railroad me out so that he can bring in his own employees - several of my colleagues (also already established employees) have also had problems of various kinds since the new guy took over, and at least one of us has left of her own accord.

[Guest topcat14]

I would make contact in writing with the person that suspended you and ask for an update.

 

If it is indeed a theft that you are being investigated for, they will have to have VERY strong evidence to take any sort of action against you.

 

I would take them at their word for suspension on FULL pay, but emphasise the point that it includes a shift for a bank holiday where you were expecting a premium payment.

 

If you have not been told officially that you have been dismissed -then you have not been, it does not matter what the rumours are, you need to deal in facts.

[Chayton]

I realise that I have not been dismissed, my point was more about the influencing of any colleagues who may potentially have been able to assist with my defence.

[king12345]

Don't they have cctv pointed at the cashier and cigarettes?

I see them in every petrol station.

If so, they will have to provide a footage of the alleged theft, anything else like stock shortage would be just an attempt to stich you up

[ericsbrother]

You should have a chance to speak to your colleagues IF and when a disciplinary hearing is arranged. Make sure that you get enough notice and get the opportunity to have any relevant person attend as witnesses. If this is refused then point out the ACAS guidelines and ask in writing if the company is going to use them nad if not what alternative method? As for the gossip, when you make your representations raise this matter and make sure that everything is written down, take in a colleague to act as your scribe and this will definitely happen otherwise you may find the record is lacking some details. By making sure that you have told them beforehand that uu want all of the formalities you may well find that the matter is quietly dropped if the evidence is lacking.

[king12345]

Covertly recording these disciplinary meetings is a must.

[Guest topcat14]

Covertly recording these disciplinary meetings is a must.

 

And if you do that without telling the management what sort of employee does that make you ?

I do not have a problem with recording conversations in any hearings that I hold, because the minutes are good and available for everyone to critique or comment or change.

[king12345]

And if you do that without telling the management what sort of employee does that make you ?

I do not have a problem with recording conversations in any hearings that I hold, because the minutes are good and available for everyone to critique or comment or change.

 

It helps when you find yourself sacked for admitting theft, all confirmed by the official minutes.

Seen this done several times, especially in small companies.

[BazzaS]

And if you do that without telling the management what sort of employee does that make you ?

I do not have a problem with recording conversations in any hearings that I hold, because the minutes are good and available for everyone to critique or comment or change.

 

Agreed. If permission for overt recording is denied : you have to ask why.

If recording is done covertly, when you go to use the recording can the employer use that to demonstrate a severe breakdown in trust & confidence?

[BazzaS]

It helps when you find yourself sacked for admitting theft, all confirmed by the official minutes.

Seen this done several times, especially in small companies.

 

Which is why you take in a neutral third party to take your own notes.

This prevents such shenanigans, without opening the employee up to "demonstrating a severe breakdown of the relationship of trust and confidence."

[king12345]

Which is why you take in a neutral third party to take your own notes.

This prevents such shenanigans, without opening the employee up to "demonstrating a severe breakdown of the relationship of trust and confidence."

 

Until you find that the third party confirms that you admitted theft and gets a magical promotion after you've been sacked.

You would only use the recording in case they claim you admitted theft and sack you.

If they did that there would be no trust anyway, so at least you could prove their corrupt nature to an employment tribunal.

[BazzaS]

Until you find that the third party confirms that you admitted theft and gets a magical promotion after you've been sacked.

You would only use the recording in case they claim you admitted theft and sack you.

If they did that there would be no trust anyway, so at least you could prove their corrupt nature to an employment tribunal.

 

Poor choice of "neutral" third party then!

[king12345]

Poor choice of "neutral" third party then!

 

The promise of a bigger salary through promotion works wonder.

Some people would kill their own mother for a few pennies.

[SabreSheep]

Just a reminder to people offering advice here. OP has less than two years service

 

Also another observation is that the employer only needs to have reasonable suspicion in order to act.

[Chayton]

More in this saga. I was eventually sacked as from 12th April. However, since I was suspended from 28th March, and was suspended until 12th April decision, they have not paid me any wages at all because during that time I didn't work any hours. Up until that point I was working 5 days per week, every week since I started back in June last year. I thought that suspended on full pay meant that I would be paid the hours I would have worked had I not been suspended. Is this right?

 

 

Oh, and they refused to allow me to record the discussions on my phone - they muttered something about "data protection" but wouldn't give me a good reason why other than that

[honeybee13]

It doesn't sound right to me either, but let's see what the experts think when they're able to get here.

 

HB

[king12345]

So, would covert recording have been useful?

Did they stitch you up with some non evidence?

[Chayton]

No, just mentioned that as an aside really, the problem here is the wages issue

[GrumpyToSayTheLeast]

Wait so you did steal? There evidence is not in question?

 

What type of working contract fo you have? Are you on zero hours or something like that or a set wage?

[Chayton]

I didn't have a written contract, however since starting my employment with the company in June 2015 I have worked at least five days per week/eight hours a day. The franchise was taken over on 16th February 2016, and had continued to work five days per week/8 hours per day until the date I was suspended (28th March) when I turned up for work as usual but was suspended.

 

 

So far as the allegation was concerned - it was alleged I stole a packet of cigarettes. I did in fact take the cigarettes at the end of my shift on Saturday 26th March, but told them I would pay for them on the Monday following - my next shift - the 28th March. I have been allowed to do this on many occasions beforehand. When I walked in the shop I was told I was suspended, they didn't tell me why just that they needed to investigate. Due to the confusion and distress of being suspended, together with the fact I was told not to come into the shop or speak to anyone on the staff I completely forgot about them. I paid for them on the first occasion I was allowed back into the shop, which was the day of the disciplinary. I did not receive the full paperwork telling me what the whole matter was about until the morning of the disciplinary, it was only after receiving this paperwork that I remembered about the cigarettes and paid for them as soon as I walked into the shop for the disciplinary.

[Chayton]

The disciplinary was held later on the same day that I posted the original post - documents were emailed to me around midday and the disciplinary was at 2.00 pm. I had been told previously about the gossip by a colleague, but that was only the evening before - 5th April.