Work investigation

[conneylass15]

Emmzzi Thankyou for the link so shared. Yes I have been on citizens advice site . Thankyou for your views

[conneylass15]

I intend to raise a grievance if and when it goes to disciplinary naturally but I was trying to hold out for them to come back and say investagtion found that there was no case to answer. I spoke to an employment solicitor about 6 months ago and they said if i resigned i would have case for constructive dismissal as they have not followed there correct procedures by not calling me for meeting months ago and keeping me away from work for so long has made it very hard for me to go back to.

[king12345]

If they had any sort of proof that you committed fraud you would've been out of the door months ago.

This is the classic case that nobody wants to touch because it inevitably leads to embarrassment.

They know you haven't done anything wrong and no manager wants to face you to apologise because they know a serious grievance would follow.

If you think they'll be offering redundancy soon, one more reason to remain employed by them.

In fact that could be the best solution: they offer you redundancy, you accept it, they never resolve the fraud allegation and everyone is happy.

[conneylass15]

Thankyou King. I believe you have exactly understood what my issue was. When I mentioned redundancy though I actually meant a severance pay equivalent to what a tribunal would award. As much as it's not so much about the money as me walking away with some sort of pride after how they have made me feel in the last year as if I wasn't important enough to deal with this issue in a speedy manner..I believe they started the process and when police refused it they don't know how you get themselves out of it now as you say. Do you see the point I was making that if I went for constructive dismissal why I would have a good chance or would you advise me to sit tight. Thanks again

[sangie5952]

In my experience people vastly overstate their chances of winning a tribunal. You insist on sitting where you are so that you can win a big tribunal award. Tribunal awards are NEVER as big as people think. And people lose more often than they win. You have another job. Bird in hand? Or risk it all INCLUDING a reference that says you were dismissed? Or more? That guarantees nobody wants to offer your another job? Be very careful what you wish for. One seldom gets it.

[Ganymede]

I intend to raise a grievance if and when it goes to disciplinary naturally but I was trying to hold out for them to come back and say investagtion found that there was no case to answer. I spoke to an employment solicitor about 6 months ago and they said if i resigned i would have case for constructive dismissal as they have not followed there correct procedures by not calling me for meeting months ago and keeping me away from work for so long has made it very hard for me to go back to.

 

So you were advised to resign 6 months ago and claim constructive unfair dismissal (CUD) and it's now been 11 months since you were suspended?

 

You need to act promptly to claim CUD and there's a real risk that a tribunal would now say that you've accepted the situation and your CUD claim would fail.

 

You need to go back to the solicitors for further professional legal advice.

[conneylass15]

Sangie it's not about sitting where I am. I didn't ask to be in this position. Im just asking to be treated fairly and by them taking a year to clear me of wrong doing they are not following there correct procedures..a tribunal if reached that stage does not look at whether You Were guilty or innocent which sadends me but whether they followed correct procedures..I am hoping that it won't come to that but for my own sanity I have to fight it to the end

[conneylass15]

Ganymede yes I understand what your saying..When advised that 6 months ago I just kept hoping that situation would get resolved without having to resign . I've had my investagtion meeting now so going to see what comes from it saying I've waited this length of time and if it goes to disciplinary stage I will go back to solicitor. Thanks for good advice

[dondada]

Hi,

I now get a fuller picture of your situation

To claim CD there needs to be a Repudiatory Breach

Clearly, there has been one (long period of investigation)

However, you seem to have accepted the breach via your delay in resigning

While there is, sometimes, a defence in delay eg you tried to get a new job

That doesn't seem to be the case here

You delayed because you wanted the situation resolved

You rested on your rights (Laches)

You need a lawyer if you wish to go down the route of Constructive Dismissal

A lawyer is the best person to tell you if your case has merit or not

[conneylass15]

Dondada. Do you think I should just sit tight then and let them go through there procedures and if dismisses go for unfair dismissal as this seems to be an easier case to win as the onus apparently is on then then to prove they followed a fair procedure. It wasn't that I had accepted the situation as in the last year I can prove that I have been constantly contacting asking for updates and this was even referee to at my investagtion meeting and was told that they would start and keep contact with me. They are in process of calling other witnesses now that I have stated could back me up on my defence.

[dondada]

Dondada. Do you think I should just sit tight then and let them go through there procedures and if dismisses go for unfair dismissal as this seems to be an easier case to win as the onus apparently is on then then to prove they followed a fair procedure. It wasn't that I had accepted the situation as in the last year I can prove that I have been constantly contacting asking for updates and this was even referee to at my investagtion meeting and was told that they would start and keep contact with me. They are in process of calling other witnesses now that I have stated could back me up on my defence.

 

 

Yes that is what I would say; sit tight and let them dismiss you then the burden is on them

I would raise the question of if a fair hearing is still possible

The investigation took too long

I personally don't think they would dismiss you again

But you never know, some people would do the most stupid thing

However, if they don't dismiss you I would suggest that you stay with them

You have 16 years there and you have protection

Go somewhere else and you would just be starting

I know you are angry and it is justifiable but also think long term

What is best for you and what is best for your family

Whatever you do, keep asking for updates

Finally, do a little research on Article 6 ECHR and point out that the long delay has prejudice a fair hearing

Do a little research first so that you say the right things

[conneylass15]

Seriously dondada I have researched every site on the internet in the past year. The first 9 months was sheer hell as I wasn't been told anything. When I finally got my investagtion meeting 3 weeks ago I would hardly let them take a break as said I had waited to long on this day coming. The only thing about going back is ibwould have to work with my supervisor that made the allegation even though I thought world of her. In fairness id be happy to move on now as in a different star in my life as family grew up now so I can spread my wings.lol..I know folk think I should just walk away but guess it is the stubbornness in me to let let them away with treating the ordinary worker like rubbish and the mental stress this has caused me coming from a small community where folk would be always thinking there's no smoke without fire..Thankyou for your valued sensible non judgemental advice