Son's disciplinary

[patdavies]

Son works at a garage.

 

Whilst working nightshift - alone - it is fairly common practice, but against the rules, to help oneself to food from the shop stock and write it off - in lieu of a break.

 

Thing is, he forgot to write-off something costing £1.80 and they've got this on CCTV and are now going after him for gross misconduct for theft.

 

They have had 2 investigatory meetings and have sent him an invitation to a disciplinary meeting with less than 48 hours notice. His chosen colleague is not available at this time.

 

Normally, I would tell him to contact them and re-arrange within 5 days. However, he is due on 2 weeks annual (paid) leave from Sunday.

 

The 5 days in within the ACAS statutory guidance, but is it 5 calendar days or 5 working days?

 

Also, although they state that it may be considered gross dismissal and that he may therefore be terminated immediately, they have not enclosed any evidence that they intend to use ( he already has copies of the minutes of the investigation meetings). Must they provide the evidence (liek a manager's statement or even a ciopy of the CCTV?

 

If he wishes to call witnesses, musty they be current employees. or can he call somebody who si no longer employed?

 

Lastly - so many questions, sorry - he has also raised a grievance about his general treatment. This is an over-lapping grievance and has some links to his disciplinary. The ACAS guidance states that the disciplinary may be adjourned to deal with the grievance first, but do they have to?

 

I am going to have to fight this remotely, so need references for any guidance offered please.

[madari]

Sorry to hear about your plight....the bottom line is all the employer has to do do dismiss any employee is to form a `Reasonable belief`..once they have done that you are history especially if your face does not fit anymore

`Gross misconduct` is the manufactured term all employers use to hide the real reason for any dismissal.

 

Good luck