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    • Winemark the wine merchant ltd northern ireland
    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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xajorkith

Disciplinary - allegation made up by two junior staff

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Got disciplinary in a few weeks following an investigation that has taken over 6 months.

 

I'm manager for junior staff who work at multiple locations. Some I don't see for weeks on end. I went to visit one site and noticed a problem - I politely documented this and reminded the staff of their responsibilities and the correct procedure. To be honest, what they had done was not good so they did get off lightly. But it seems for some reason they did not like being told - so it filtered back to me.

 

Three weeks later I get called into my managers office and get told that two of them were alleging I have been discussing confidential information with them. The information in questions is subject to office rumours (which I have not discussed with anyone) but neither am I privy to any confidential information on the subject anyway. Also, to date, no-one has even provided a date when I am alleged to have done this - site visits are documented so I'd like to check if I was even on site when this alleged incident took place.

 

During the investigation, I highlighted the fact and provided evidence of the note I made at the time. It seemed obvious to me the reason why this complaint had been made.

 

But, its going to disciplinary now and these two people are witnesses. Employer is talking about gross misconduct and dismissal. Completely nuts to me that it can go this far based purely on the word of two people who, obviously have an axe to grind. Surely this is not on - otherwise it'd be open season for spurious complaints - get two people together and its a done deal!

 

Allied to the fact that this is no confidental info anyway.......

 

Must admit its been a shambles from start to finish. I'm concerned this will continue into the hearing and it'll go badly..... Union so far have been completely useless. What can I do next?

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An allegation has been made about you by two individuals to the management of the company, the company is duty bound to investigate. I suggest that you support the process and give you side of the events.


It is easier to enter a rich man than for a camel to pass a needle

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I'm already believeing them, not you, because of the disdain and defensiveness in your story.

 

Stick to the facts and don't embellish with opinion.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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I've got to admit, I'm not sure why you think that it's wrong that two people shouldn't be treated to an assumption that they may be telling the truth. That is the point of the disciplinary - to try to determine what is most likely to have happened. If the employer is convinced by your version of events that you are telling the truth, then you will not be disciplined.

 

So what are you expecting the union to do? On the face of it the employer has done nothing wrong. A serious complaint had been made and they are holding a hearing to determine whether it is true or not. No union can stop that. Nor should they.

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