Hubby suspended for theft..

[mariefab]

Get in touch with the witness as soon as possible and ask them to provide you with a written statement.

Reassure the witness that their employer cannot penalise them in any way for doing this.

 

A search of his transactions will prove nothing.

I have a Tesco clubcard, but I'm not required to use it every time I shop there. I don't bother when I'm just buying a few items.

[deathbycrayons]

Well exactly, he could have paid with cash, and that could have been months ago, or it could have been from a different branch. They can't prove he stole anything, and he didn't!!

[mariefab]

I also recommend that you alert the head office about this soonest.

 

This manager is out of control.

 

You can't suspend someone on suspicion of theft, with no evidence.

Tell them to a attend a Disciplinary the next day charging them with Gross Misconduct because of the alleged theft.

Then only start trying to find evidence of the alleged theft afterwards.

 

If you end up taking this to a Tribunal, it's the Company that will be liable for this manager's actions.

Edited September 24, 2009 by mariefab
adding a line

[deathbycrayons]

The manager's statement gives false evidence. He's made up stupid things like "Bob looked worried and caught out" and "I explained I could help him by looking through the transaction history on the till". LIES!!

[mariefab]

Is this meeting still going ahead today?

[deathbycrayons]

Yes it is, today at 2pm. GOOD NEWS is though, a nice manager from another store is doing it, and he used to be my husband's boss, they got on well and he is fair. So this is a very good thing.

[electron99]

Can't contribute anything other than good luck and best wishes deathbycrayons.

[itstheone]

Yes, good luck with this.

 

@mariefab

 

That acas link i posted, i'm sure i read in there that you can get suspended for 'suspicion' of gross misconduct, didnt read it properly, just skimmed through

[andy000223]

Same as electron,but my thoughts are with you best of luck xxx

[deathbycrayons]

Thank you..

[mariefab]

Page 15 onwards in the Code below will show you how they should be handling this.

 

http://www.acas.org.uk/CHttpHandler.ashx?id=1043

 

He can request that the meeting is postponed for a few days to allow him time to prepare his defence.

 

If he decides to go ahead today I strongly recommend that he hands in an amended version of the Grievance letter posted earlier at the start of the meeting. As previously suggested he can ask that this be added to the ongoing Grievance procedure.

 

Show remorse, even though you don't feel that you haven't done anything wrong.

 

I'd change that bulletpoint to:

 

Show remorse for forgetting that you should only bring sweets to work if you also have a receipt for them to hand.

 

"Bob looked worried and caught out"

 

Bob was worried and upset by this further instance of harrassment by his manager.

[mariefab]

itstheone

You're right they can. Sorry, I missed that you'd already posted the link at #5.

[deathbycrayons]

They've re-issued his suspension untill tomorrow, so that they can carry out further investigation. FFS, how much more investigation do they need to do??!!

[Dragon2020]

Wow this sound so familiar about a friend of mine who worked in a similar place.

 

What I find so annoying is that for such a small problem they have esculated this to a point that is not needed.

 

First off I hope everything goes well for you today.

 

If they decide to say they were wrong I would take things forward and point out how much stress and embarresment this has caused and take them to a tribunal for victimisation and servere depression and stress.

 

If they decide that you have caused gross misconduct and decide on a harsh punishment I would again take them to a tribunal for unfair dismissal and servere stress.

For such a small thing the tribunal will probably be in your favour as no proof and no prosicution was made due to the fact they could prove nothing and they will probably say it has been a waste of time and resources.

 

 

I must stress this is of my own oppinion and my friends case was his own, There has been excellent advice on this post for you and I hope you have taken all of the advice into consideration.

 

I do hope everything works out for you.

[madari]

Good Luck !!

[deathbycrayons]

So today at his hearing (part 2) we've decided it might just be easier to say that it's very possible our daughter was holding the sweets and that's why they don't appear on the receipt. Unless they actually uncover something and manage to find the transaction on the tills that might actually show the raisins. I'm so tired!!

[scousegeezer]

Deathbycrayons,

NO - you do not do that. After everything that has gone on they will see by saying your daughter took them as being an admission that your husband stole them. Their attitude will be that if your daughter took them why didnt your husband admit it before he was discovered eating them . You let them prove that ypour husband stole them. Just because they cant find the transaction against his card DOES NOT mean he stole them. They have accused him of theft let them prove it. I understand that you feel tired , but thats what the bully wants. He wants your hubby and you to feel this way so that you just throw the towel in and quit. DO NOT let him win. PLEASE try to stay strong.

 

Best wishes and good luck - Scousegeezer.

Edited September 25, 2009 by scousegeezer
spelling

[deathbycrayons]

Thank you. They have told him unless he can PROVE they were paid for, then he will be instantly dismissed. I just don't understand how they are allowed to do this. But the union rep says there's nothing we can do if we can't prove we paid for them.

[deathbycrayons]

This manager is a cancer. We've been fighting him for 2 years but he's very aggressive and at the moment it looks like we're losing our fight

[Button1]

Thank you. They have told him unless he can PROVE they were paid for, then he will be instantly dismissed. I just don't understand how they are allowed to do this. But the union rep says there's nothing we can do if we can't prove we paid for them.

 

I don't understand neither?? Guilt must be proved!! they are not above the law and therefore this theory does not apply!! Makes me so angry!

 

Have they suggested viewing the CCTV? Would this show your daughter carrying them? If you do decide to admit to your daughter holding them, as scousegeezer says, they will question you as to why you didn't admit this sooner.

 

It is a double edged sword........your union rep says theres nothing you can do if you can't prove they were paid for.......... but if you admit already knew your daughter took them will this provide them with ammunition against you?

 

I really wish you well and will be thinking of you today!

 

Best of luck huni x

Edited September 25, 2009 by Button1

[scousegeezer]

Ceathby crayons,

The store stating that he has to prove that he bought them is an illegal presumption. I do not care who they are - they cannot reverse the law. It is an irrebuttable presumption of the law that a person is onnocent until proven guitly. They have to prove he stole the item. If your daughter did take them without your knowledge at the store, you or your husband are guilty of theft in that you did not return them or return to the store and pay for them once you discovered what had happened. That constitutes theft . DO NOT go down that line. NO_ONE can countermand the law, THEY HAVE TO PROVE THE THEFT. I dont care what the union rep says, if he is dismissed then go for unfair dismissal and go above the union reps head. See a solicitor, under the circumstances there would a lot of them willing to take the case on.

 

Cheers - Scousgeezer.

[Lula]

No you do not say anything about your daughter, it is for them to prove that a crime has been committed not for you to prove that it didnt, the sweets could have been bought using cash. Make sure you take detailed notes.

[Button1]

Ceathby crayons,

The store stating that he has to prove that he bought them is an illegal presumption. I do not care who they are - they cannot reverse the law. It is an irrebuttable presumption of the law that a person is onnocent until proven guitly. They have to prove he stole the item. If your daughter did take them without your knowledge at the store, you or your husband are guilty of theft in that you did not return them or return to the store and pay for them once you discovered what had happened. That constitutes theft . DO NOT go down that line. NO_ONE can countermand the law, THEY HAVE TO PROVE THE THEFT. I dont care what the union rep says, if he is dismissed then go for unfair dismissal and go above the union reps head. See a solicitor, under the circumstances there would a lot of them willing to take the case on.

 

Cheers - Scousgeezer.

 

This is good advice.........stick with this!

 

Button x

[deathbycrayons]

Thank you. They keep stating 'company policy' and saying that because he didn't have a receipt then it's gross misconduct. So surely that's all he's guilty of - not having proof - he can't be guilty of theft as there's no evidence against him, apart from the lies of the manager.

[scousegeezer]

Deathbycrayons,

Company Policy is exactly that, POLICY. It does not supercede the law. There is no a court in the land that would find in the company's favour. JUST GO FOR IT.

Cheers - Scousgeezer