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Hubby suspended for theft..


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My 5 year old could have written those minutes with more professionalism - they are terrible!!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Hi just a quick one - in a previous hearing I have attended as a witness the typed minutes were incorrect and contained inserted lines that never actually were said.

 

I made a written request for a copy of the handwritten minutes took by their representative - and not only were the inserted lines not in there but there was some offensive comments written in the margins.

 

Disciplinary decision was overturned pretty sharpish - always advise now to get a photocopy of the handwritten minutes - you never know what it might torn up.

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I think that those minutes are wonderful.:D

 

You repeatedly made it clear that the raisins were not purchased by you on 23rd September.

All of your guesses as to when they were purchased refer to earlier dates.

 

All of the Companies investigations also appear to have just focused on those earlier dates.

 

Their investigations are irrelevant.

 

As they are claiming that you stole the raisins on 23rd September,

Their investigation should have been focused on proving that,

between the time you started your shift and the time you were staff searched,

a packet of raisins is unaccounted for.

 

Any supermarket should be able to do this.

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Unauthorised possession of sweets, wtf? Sounds like a David Brent sketch, except he was joking in The Office. Were they class A or B sweets?

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Were they class A or B sweets?

 

Very droll ZZ

 

;)

 

Dismissal is effective now, it seems unlikely they would re-instate. Time to check those household insurance polices for legal expense cover, whilct preparing appeal letter.

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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Very droll ZZ

 

;)

 

Dismissal is effective now, it seems unlikely they would re-instate. Time to check those household insurance polices for legal expense cover, whilct preparing appeal letter.

 

Che

 

Our solicitor has been instructed and laughed when we told her everything!! It's just so ridiculous!! She said most likely they'll settle out of court and we're talking quite a few bob ;):D

If I have been helpful in any way, please tip my scales :lol:

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What does it say in appendix 1 (disciplinary and Appeals procedure) of the staff handbook?

 

I presume you mean paragraph 29? As Appendix 1 is 6 pages!!

 

It says:

 

Dismissal for gross misconduct will be summary; that is, without notice or pay in lieu of notice. In addition the employee will not be paid any accrued holiday pay over and above their statutory entitlement, or any benefits.

If I have been helpful in any way, please tip my scales :lol:

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She said most likely they'll settle out of court and we're talking quite a few bob ;):D

 

I'm sure your solicitor will advise but make sure you get a decent reference for your hubby as well as any compensation...it's important that he is able to find another job.

 

Also, if you're in receipt of benefits (don't know if you are of course) any compensation may well affect these.

 

Having received substantial compensation from my ex employer myself (different circumstances as I felt my position had become untenable and wanted to leave) it does not last for ever and is only a bonus if your normal income is maintained.

If you feel I've helped then by all means click my star to the left...a simple "thank you" costs nothing! ;)

 

Restons MBNA -v- WelshMam

 

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I need to get the appeal letter written today. No idea where to start..

Notepad, jot down all the points on which you want to appeal:

 

Flawed accusation, presumption of guilt to start with, then fitting the facts to fit that presumption. Bias of manager who has already threatened employee before and was looking for any excuse to get rid of him. Procedure not followed properly and done to cause maximum embarrassment to employee. False testimony of which employee was not made aware, suspicion that it was a set-up to frame employee through his wife. Lack of recognition that employee is under medication and therefore, even if guilty (which is denied) manager could have applied discretion in disciplinary proceedings, especially in view of the triviality of the alleged offence, etc etc... You also need to point out all the procedural improprieties.

 

Once you have got it all jotted down, you need to group together what is what and then set it in bullet points. Then you need to have a narrative where you explain that your believe that the root of this is in fact your DH's grievance process and that this action is in fact a pre-emptive strike to a) get rid of a "troublesome" employee, b) destroy his credibility so that if and when grievance proceeds, his position would be weakened.

 

That should keep you going for a while. ;-) Report back when that's all done. :-)

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How should we start the letter though - this is what I mean when I say I have no idea where to start - what should we write - "I would like to appeal against the disciplinary decision on 25th September resulting in my sumary dismissal" - yes? Or is that not right.....? Then what? "On the grounds that.....".. I'm so lost.....

If I have been helpful in any way, please tip my scales :lol:

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Appeal request.

 

address

 

date

 

Dear (name of person who held the dismissal hearing),

 

I have received the written confirmation of the decision to dismiss me on 25/09/09.

 

I would like to appeal this decision based on issues with the investigation and policies.

 

I hope to hear from you within 14 days of receipt of this letter.

 

Yours etc.

I suggest that you send this by recorded/special delivery.

Check on track & trace and note the date it's received

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Appeal request.

 

address

 

date

 

Dear (name of person who held the dismissal hearing),

 

I have received the written confirmation of the decision to dismiss me on 25/09/09.

 

I would like to appeal this decision based on issues with the investigation and policies.

 

I hope to hear from you within 14 days of receipt of this letter.

 

Yours etc.

I suggest that you send this by recorded/special delivery.

Check on track & trace and note the date it's received

 

Thank you :)

If I have been helpful in any way, please tip my scales :lol:

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Appeal request.

 

Dear (name of person who held the dismissal hearing),

 

 

:confused:

 

I'm pretty sure you address the Appeal to the boss of whoever held the hearing. Only they can look to have the decision over turned.

 

Can anyone confirm?

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