Facing disciplinary action for being innocent

[thewakers7]

HB yes, in my opinion they seem to be victimising him without evidence and maybe there is another reason behind these so called allegations just trying to cover all bases

[Whodini666]

Outofsync.

 

I have not seen a more flimsy case than this one on here. Don't be overawed, take notes or record it, they have not got a leg to stand on from the evidence you have given here.

 

You are in the right, write exactly the questions you are going to ask and read them out. It really helps, it can be a daunting enviroment. Don't let the meeting end until you have asked them, ideally get them out straight away.

 

Good luck, your son is lucky to have you as his PARENT.

Edited March 31, 2010 by Whodini666

[Whodini666]

Electron's post is a good start for questions.

 

Anybody got any good ones for OOS?

[outofsync24]

Thanks for your input, but I'm actually his mother lol

[Whodini666]

I still think his father is wonderful lol

[Whodini666]

Can somebody sign me off for stress right now?

[outofsync24]

Haha, Any questions which you can think would be helpful would be great now as I'm preparing his written case for him

[honeybee13]

OOS, if you take notes during the meeting, it will give you time to think while you're writing and help slow down the meeting if you want to. Also the notes could be useful later.

 

Good luck, I'll be thinking of you at 5pm. Please come back later and tell us what happened.

 

HB x

[outofsync24]

OMG, just found out that when they did the last search, they checked his pockets, the waistband of his jeans and underwear, and told him to take his shoes off so that they could check them, then they checked the soles of his feet, and after all of this, they still found nothing!!!!

[Whodini666]

What are you disciplining my son for?

Have you searched my son?

How many times?

Did you at any time find any money on him?

Who else was searched?

Who witnessed those searches, if any took place?

Do you have CCTV footage evidence?

Can I see the CCTV evidence?

Are you also disciplining my son for use of his mobile phone in work hours?

Exactly when was he using his mobile phone, dates, times?

Have you checked other members of staff's phone records to see if they have also been using their mobile phones in work time?

Are you aware of my Son's disability?

What evidence do you have that my son was not using the WC other than it's purpose?

 

Generally building up the evidence trail and making it obvious that he is being discriminated against. You can then document the answers.

 

Others on here will have other contributions.

 

Regards W

[Whodini666]

If you have time, document what they have done and ask them to read, verify and sign the sheet outlining it.

 

You need more time really to do this properly.

 

I was in exactly the same position, asked for more time and got it.

[Jimbo-Jones]

Ask if the The person who carried outthe search has had the proper stop and search training

 

Ask why if they thought there was a clear case of theft which they obviously did having only singled out 1 person for search why they didnt involve the police immediately.

 

If you can record the whole thing most mobile phones have large enough internal memories and have the ability to take voice notes use it as a dictophone if you dont have one to take. That alone scares the poo out of some employers and makes them VERY careful what they say

 

Also Why three times of search once understandable if they are searching everyone. Twice if he has been left alone since the original search with access to unsearched belongings 3 times is just invasive.

Edited March 31, 2010 by Jimbo-Jones

[outofsync24]

Here now, just been informed that I'm now not allowed to sit in, so I've asked for copies of witness statements and the handbook and a copy of his contract. The girl who was supposed to be doing the hearing has showed us a statement my son actually gave except he hadn't signed anything. Go figure

[Jimbo-Jones]

well heres a statement i just printed off my computer stating exactly what i want it to say to proove you sons guilty....But he hasnt signed it.....Im still going to show it to you just to worry you though

 

As far as i am aware its worthless and to hold any weight if it is his statement he will have to have signed it. someone will be along in a second to confirm/slap me for being silly in a sec

 

What does your son say about the statement?

[mariefab]

So, some money was discovered to be missing.

They searched your son (3 times) and found nothing.

They didn't search anyone else.

 

I would suggest that, because of their own actions, the only person that they can be certain is innocent is your son.

[thewakers7]

mariefab twice this money has gone missing now first time op's son was not in and then again now this all smells very fishy to me there has been serious allegations been made here i wander how the police would take it if ops mum were to call?

[Bigredbus]

Hi,

 

I fully agree with 'mariefab'...

 

...but I am concerned about their policy... t says that his property can be searched at any time and without notice if the circumstances are considered necessary.

 

Is that all it mentions?

 

a) There is no legal right to 'stop and search'... they must have the express consent of the employee they want to search...

 

b) A strict and detailed policy about 'stop and search' must be implemented...

 

c) A record of 'stop and search' must be documented everytime an employee is searched...

 

d) A proper procedure should always be followed...

 

e) Never target an employee on a regular basis... this could well amount to harrassment or discrimination...

 

f) Ensure that members of staff conducting 'stop and search' are properly trained...

 

g) Whilst the Human Right Act may not directly affect your son's workplace, an employee could allege that the manner of a 'stop and search' policy is too invasive and infringed article 8 (Right to Privacy). It still can be a relevant factor for an ET to look at...

 

h) (silly me... I forgot this one)... Two persons must be present... One to conduct the search and one to observe that policy is properly followed...

Edited March 31, 2010 by Bigredbus
Addendum

[honeybee13]

Once this is sorted, maybe they should keep this money somewhere more secure.....

 

I hope he's getting on OK in there.

 

HB x

[Bigredbus]

...and when it comes to the 'vanishing' money... and the fact that they did not find anything after succintly searching three times... it could be construed as ill-founded allegation of theft...

 

Not nice for the employer!

Edited March 31, 2010 by Bigredbus

[Jimbo-Jones]

not to mention I believe failure to report a crime is a crime is it not?

 

Last time i looked Theft was pretty serious in terms of a crime

[outofsync24]

We're back. My son didn't give a statement, he was asked by his boss for his version of events but nothing was written down at the time. We arrived there to be told that they had all statements including one off my son and when we pointed out the signature wasn't his, she looked a bit sheepish. We now have until at least the middle of next week as we are waiting on the copies. Also, at least two more members of staff were calked into the office, but whether they were searched or not is anyones guess.

[mariefab]

I think that it smacks of a poorly executed attempted set-up.

 

Someone finds that the money is missing.

They get a witness and walk your son to where the money should have been and 'discover' that it's missing.

They use the fact that he needs to use the nearby loo frequently to cast suspicion on him.

 

Then they stupidly cock-up the set-up by repeatedly and thoroughly searching him; thus proving his innocence.

 

Why they have progressed to a disciplinary is a puzzler.

 

If the police were called, after hearing about how he'd been searched, I would imagine that they'd be looking at everyone but him.

[honeybee13]

Phew! At least it was short.

 

You would probably do this anyway, but if you can write or type what your son remembers of the meeting asap, it could come in useful later.

 

HB x

[Bigredbus]

They dared copying his signature on that statement?

 

[Are they suicidal?]

 

You definitely want one of those... please!

[mariefab]

While it's fresh in your mind, write down everything that everyone at that meeting said.