Not sure what to suggest with regard to the disciplinary action pending- Write a letter asking what's happening? Or just see what happens? Can't see that they can leave the issue any longer without seriously compromising their position if they do take action. Though I think they've already done that! What do others think?

Yes. No reason to name them here. It's of no relevance. Plus, you never know who might be reading ( see DeathByCrayons' thread). And how are things at work for her? Business as usual? Employers/Managers not being 'funny'?

I've had a look on various employment law sites, I can't find any info regarding timing, other than that the process should be carried out 'without delay'. I suppose it all depends on the individual circumstances. Can you think of any reason why it shouldn't yet proceed? Are they interviewing people etc? One thing, They're alleging that she's 'falsely reported' an accident to the HSE? That's a very serious offence; were it true (which it's evidently not), an act of Gross Misconduct, no less. In such a circumstance, why therefore, have they not suspended her pending the outcome of any disciplinary action? What they can't do is just put the accusation on hold, and then months later slap it on the table like a 'get out of jail free card'.

Good news, I suppose. Just a shame the employer hasn't got the guts to back down and concede that he's got no case to answer. That's human nature, I suppose. He could appeal, but maybe wise not to rock the boat. All the best, anyway.

Do you have the minutes of the disciplinary hearing? Were you accompanied at the meeting? What size is the company? Do you know who will be hearing the appeal?

Well I can't see how that amounts to an act of gross misconduct. If you'd been abusive, used expletives or used threatening language ('I'm gonna edit punch you!') it would be a different matter. There was simply no clear material detriment to the company by your actions. GM is such actions as theft, assault, subjecting others to discrimination or harrassment-actions nothing short of criminal which cost the company. Don't know what anyone else thinks?

How long were you emplloyed by this company? have you had any prior warnings regarding your conduct? You say you accused him of discrimination and shouted something? Can you remenber exactly what you said?

OK. It strikes me that you're really scared of this guy. Obviously I don't know what your personal circumstances are. In my experience, whenever I've been miserable in a situation, no matter how scared I was of the consequences, I've always soon felt better when I've just walked away from it, if there's nothing to be gained by staying. Life goes on. I get the impression; certainly from your use of language in your posts, that you're a capable person, but given the circumstance you've been under, that perhaps your self esteem has taken a clobbering.

when you say he's acting illegally, can you be more specific? PM if you want. pIf you're in a situation that's causing you real distress you should go to your GP and get a sick note for work related stress. They HAVE to pay SSP.

Well good luck, let us know how he gets on.

But he's not guilty of gross misconduct, is he? Was it his intention to permanently deprive the company of these goods, or the cost of them? No! It was just a mistake. I do see as0ta's viewpoint; sadly, people can be very beligerant once they've made an accusation. And if it's not going well, quiting might sadly be the best option. I just think that the fact he put these goods through a till is a clear defence. Let me put it this way. This teatime I went to the supermarket, fought my way through Friday evening crowds and then went to a self-service checkout. Stressed as edit. If I'd been distracted, put my debit card in the machine but forgotten to put in my pin, and then left without paying? There is no way I would subsequently be prosecuted for comitting theft! Even Richard Madeley got away with it:D. If they're accusing him of theft, tell them to report him to the police.

Ok. Well hopefully there'll be other people along soon who can give their perspective. That was the first point that struck me though. I'd just wait for the investigatory hearing and explain exactly what happened. Be straight forward, keep calm and hopefully it'll sort itself out. Just a bit worrying because sometimes big companies can be a bit dogmatic about such situations and lose all common sense.

Can the supermarket substantiate that he visited the self-service till, ie. he swiped a loyalty card, or put in a debit card but just didn't complete the transaction? If his intention was to commit theft, surely the last thing he would do is put the stuff through the till? It strongly implies that he merely made a mistake. If he was stealing, he wouldn't have done any such thing. Don't know how the supermarket will see it, but that is what I would argue.

Didn't you posted the same problem a few weeks ago?

was your boss fully aware beforehand that the customer was paying you and not the company? If you're asking if you're likely to face criminal charges? I very much doubt it, the police have far larger fish to fry. Might technically be fraud though. If you think you've been unfairly dismissed? Not in 100 years. I'm working in a bar. Imagine if every time someone bought a pint I put the money in my pocket and just gave my boss the money he'd originally paid for the beer? He'd be bankrupt-I'd be redundunt. Full stop.

Sounds like they don't know how many days holiday you took. Did you take any holiday whilst ya were there?

Something I'd just thought of; as I understand it, if your son's employers are going to hold this incident to be a circumstance of Gross Misconduct, they should correctly suspend him from the outset of the matter, until the matter is resolved.

any developments?

I think they're involved in pretty much every football club in britain. Put mine down 2 leagues

Ah! Threps! I got it at last. Does she work for a firm of merchant bankers by any chance?

Too right she should! Providing the accident wasn't her fault, then her employers are liable, surely that's why they're trying to cover things up? Can't see how it would have any relevance to an unfair dismissal claim, other than to make it an even bigger claim. In fact, were she not to make a personal injury claim, it might be implied that she's conceding that no accident occured in the first place, which is what they're trying to argue. Might warn 'em off taking any disciplinary action at all. By the way, how long is it since they formally made the accusation of misconduct? If she's back at work now, they have to deal with it promptly. They can't leave the matter for long and then bring it up later. She shouldn't have gone back to work when still signed off sick by the way; if she'd of had another accident, then the employer's insurance company wouldn't pay out, as I understand it. They shouldn't let her start 'til she's well.

I agree with Andie_303, it would be 3 months from the date of any dismissal. ( See Andie, we do agree about something! ) My understanding also is they shouldn't hold any sort of disciplinary until Mrs Soap is well and back at work. Not sure that's written in stone, but certainly the policy of the large organisation I used to work for. I think the company will find themselves in serious 'poo' if it transpires they're covering this up. Now I don't claim to be the employment expert, but aren't there ways to uncover internal information, 'subject access requests'? Maybe someone else here can comment? Not something I have knowledge of. I'd hold your horses on the whole 'constructive dismissal' route. Notoriously difficult to prove as I understand, and one must exhaust all channels of formal grievance before doing so, you can't simply just quit and then make a claim. Again, someone else is probably better placed to advise you.

I have to say Andie, from what I understood from your original posts, I have to agree with Raydetinu. You seemingly approached your employer and asked how much notice they required. They responded with 'well, normally 3 months, buut as your not obviously not happy, we're willing to waive that.' You agreed, therefore, your effective date of resignation was immediate. That's a different circumstance than if you'd given them 3 month's notice of your resignation and they said 'well we don't want you here for the period of your notice, so we're giving you garden leave/PILON until the end of your notice period.' Maybe I've just not understood the situation entirely, but I've read over your posts a good few times, and that what the stuation appears to be. Best of luck anyway.

Right, so he's been in continuous employment for over a year, that means he's got statutory employment rights at least. Makes it a bit more difficult for the employer, doesn't mean he's safe though. I must state that I certainly don't claim to be any sort of employment law expert, I think I've got a pretty solid overview, having been in business management for a while ( and having been a very silly boy myself at work in the past!). Hopefully someone with HR/Employment law expertise reading can back me up. If your son wishes to have a witness statement from someone to back his side up, I would have thought that he would ask the person for that himself, not have the employer take the statement. That seems unfair. It also seems very unfair that he isn't being provided with the nature of the allegation in full prior to the meeting-yet he's already had to apologise!? What was he supposed to write? "I'm sorry for what someone else said, not that I've any idea what that might have been anyway." It seems to me that he should perhaps write to his employer, insisting that the full accusation and any supporting evidence is presented to him explicitly prior to the Disciplinary Hearing.

Well yes, it's sadly not unheard of for employers to take a dismissal route rather than have to face the relative expense of redundantcy. What seems strange is that they've given both of them exactly the same letter- are they claiming that they both simultaneously said the same thing?! Do you know what was allegedly said? Yes, they should provide any evidence they wish to rely on prior to the hearing. Is the meeting stated as a Disciplinary Hearing or an Investigatory Meeting? The latter can be held before a disciplinary to establish facts. He certainly needs to remain calm, won't do any good going in guns blazing. How long has your son worked for the company? Have they stated that he can have someone to accompany him to the meeting? If so, is there anyone suitable as it's a small firm?