Suspended from work pending investigation

[firstclassx]

If they are using a system called Fujitsu star, the below is impossible:

 

"Despite offering me every opportunity to offer an explanation regarding the missing tickets and coupons ML was unable to do so.

Due to the lack of any explanation for the missing tickets and coupons despite ML's competence in his role it is in my belief ML has either sold on the original tickets, non-issued blank tickets then disposed of the remaining tickets/coupons or non-issued the tickets, retained the cash value and disposed of the original tickets and coupons. In both cases it is my belief that ML gained financially which constitutes theft and is contrary to XXXX code of conduct"

 

You can't non-issue a ticket that is blank. The system reads the magstrip to non-issue, so if there is nothing written to it then it will refuse to non-issue.

 

How much (financially) are we talking? A few £, £100, over £1000? If it is a lot of money, collate your bank statements to show no irregular payments INTO your account, nor any excessive spending, or that you have no or very little financial problems, debt etc.

 

Back in my days the things we used to find where all based on "collecting off" and non-issuing tickets that passengers surrendered at the end of their journey.

 

Why don't you play them at their own game? Go to the British Transport Police and inform them you believe you are a suspect in a theft case and want to make a statement. The BTP will presumably have no knowledge of such case and tell you nothing they can do. Get the officers name/rank etc, then when you go to the Disciplinary inform them you visited the police to make a statement but no crime had been reported. Ask them why if they believe you have committed theft, they haven't reported it to the railway police force they fund from their profits to tackle such problems.

 

The disciplinary panel, (as well as an Employment Tribunal), will simply decide on the "balance of probabilities", not always on hard facts.

 

I will tell you now, from personal experience, you will almost certainly be dismissed. You will have to appeal internally then lodge a case with the Employment Tribunal. RMT will always fund and sort this out if you are realistically able to win. They use Thompsons Solicitors.

Edited August 29, 2012 by firstclassx

[firstclassx]

Raise a grievance with your HR Dept/Line Manager informing them you went to the BTP police station regarding the allegation of theft and no such allegation had been made. Ask why if they believe theft or fraud has been committed, a criminal offence, they haven't reported this to the police.

 

Also query as to whether your employer has asked their Revenue Protection Inspectors to keep a look out for certain tickets with specific serial numbers matching those that are "missing".

 

The Disciplinary procedure should be suspended whilst the grievance is investigated.

 

If they really have no evidence on you, I'd certainly also be looking into Defamation of character.

 

I'd also say that by the employer accusing you (falsely) of criminal theft, that a "breach of trust and confidence" has occurred, and should you resign, you may have a fairly good case going with constructive dismissal.

Edited August 31, 2012 by firstclassx

[firstclassx]

Make sure 100% you start it with

 

Dear Mr. Manager

 

PLEASE TAKE NOTE THAT I REQUEST THE FOLLOWING INFORMATION IS PROCESSED AS IN ACCORDANCE WITH THE COMPANY GRIEVANCE PROCEDURE

I request the ongoing disciplinary action is suspended pending the outcome of this grievance so as to allow proper and fair examination of the case.

 

(They will try and bully you into dropping the grievance by saying it can all be looked at DURING the disciplinary etc, which is a bit too late by then).

 

Explain the circumstances of your case, what has led up to this point.

Tell them how you feel about the circumstantial evidence

Tell them how it is making you feel, breach of trust, stress, anxiety, made out to be a common thief - defamation of character

Explain what their flaws in the investigation are

Ask why they have not reported it to the police. Give them dates and times of when you went to the police station to clear your name.

You have to be quite polite, but forceful.

[firstclassx]

ALL railway companies are extremely notorious with dismissals being completely over the top, usually based on highly circumstantial evidence and/or false management statements and altered minutes from meetings etc. The "witness" that is supposed to be your union rep, will always back the company up, usually so they can earn a few brownie points for something later on, (pay deals, friend dismissals, getting people jobs etc), but primarily as a case of self-preservation.

 

The only fortunate point is that railway dismissals are usually quite rare and usually only for safety related issues, (unless you have a prior final warning etc).

 

No train company will EVER suspend anybody unless they fully intend to dismiss them. If they suspend someone and then have to allow them to return, the company loses face amongst the other staff and it has cost them financially.

 

The appeal will also be unsuccessful. They will not reinstate you, however, you must appeal (and lose) before you can go to a tribunal. Please do not try and convince yourself that you will win. A railway appeal should be designed as a last ditch effort to make them contradict themselves, seem unreasonable and demonstrate how poor their case really is- gather as much evidence as you can. Write absolutely everything down.

 

I have witnessed blatant corruption, dishonesty and nepotism within my own company when dealing with dismissals, but when it comes to hard proof, everything is "missing". The most shocking case I found was falsified minutes from an investigation, where it had been altered to admit guilt, and when they pointed this out, the company made out the employee was now backtracking and making wild accusations to hide their guilt. This became worse when the manager involved in the Disciplinary kept running out to the HR Director for advice, who told the manager that the employee must be dismissed regardless. The HR Director was later selected as the person chairing the appeal hearing, which, unsurprisingly, didn't go well.

 

If you have a wholly unblemished employment record, (no warnings, incidents, disciplinary etc), prior to this incident, I think you have a good chance at tribunal.

Edited September 18, 2012 by firstclassx

[firstclassx]

Thompsons Solicitors are very good at railway employment tribunals.

 

http://www.thompsonstradeunionlaw.co.uk/about-thompsons/our-people-employment-rights.htm

[firstclassx]

How long should an appeal letter be? I have a tendency to over write things as it is but don't want to put too much in the letter and risk it not being taken seriously but on the other hand don't want to miss any points out. I know that I can make sure I say everything in an appeal hearing but want to ensure my letter is correct and all aspects are covered

 

On a positive note I had a call from a member of staff today who, whilst some maintenance work was being completed and part of the desk dismantled, has discovered some old tickets that had fallen down gaps. She is going to check the dates on them and let me know in an hour or so and I can verify if they were from when I was working and the ones that are missing from my case, Im hoping they are the break through that could really help me out! Got my fingers and toes crossed that they match my shifts!

 

FIRST, get an e-mail or letter from that employee AS SOON AS POSSIBLE confirming that tickets have been discovered during maintenance work. It doesn't matter whether they are the missing ones or not, it tips the "balance of probabilities" back in your favour at an Employment Tribunal. This is a significant discovery, but only if you can get her to put this in writing. Possibly might need to call her as a witness to that, but statement for now. (Don't tell the employer this, just yet).

 

SECOND, write a lengthy appeal, but make sure everything is relevant. Don't mention the above point though, (you can do this at the hearing!). In addition to pointing out their failings, explain how it has made you feel, the fact you they have made out you are a thief/fraudster, defamation of character etc. Explain how much you loved your job, how it was a long and decent career, which has devasted you now these false accusations have been made against you. Don't mention any tribunals or anything though! Go nice and heavy on the "suggestion" though... add phrases like "breach of trust", "unfairly dismissed", "singled out", "defamation of character", "no police record of alleged theft/fraud", "wholly circumstantial" etc etc.

 

THIRD, remember, you've nothing to lose. You aren't an employee any more, so go to town on them. Make them feel your pain. I would recommend you grab an ex colleague to attend as a witness only, and forget the union representative. It is imperative you write or record the exact words and ask your witness to sign them, to confirm accuracy. Ask the employer to sign them too, if they refuse, write it down, and again, make sure your witness confirms this.

 

 

Regardless of outcome, I'd be doing two things, (even if you get your job back):

 

1) Write a "Letter before action" to the RMT, explaining you hold them liable for misrepresenting you; read their response, if not happy, issue a small claim against them for negligence leading to them predjucing a disciplinary outcome, say for £1000 or so;

2) Write a "Letter before action" to your employer, explaining that you hold them liable for "Defamation of Character", if not happy, issue small claim against them. (I'm not 100% sure, but an employment tribunal may be able to award this). Again for £1000 or so.

Edited September 20, 2012 by firstclassx

[firstclassx]

It is a principle of good procedure to show the other party what evidence you will be using at the appeal. I would recommend sending them the evidence in advance. It works both ways: if they produce evidence at the hearing without having told you in advance of it, you have a point of complaint against the fairness of the hearing.

 

The railway aren't interested... it gives them time to "interfere".

 

This will almost certainly be rejected.

[firstclassx]

Re 1) and 2) above - there's no basis for a claim against the union or your employer.

 

Without actually having the law on your side, bandying about idle threats, for compensation with no basis behind the calculation, will just make you look weak.

 

The tickets that have been found are the key to your appeal, so strong emphasis needs to be placed on that point!

 

There is basis in law IMO.

 

Defamation of Character, because it is an unfounded attack on his professional character or standing, likely to prejudice him in the future.

 

As for the union, breach of contract. You pay union subs for a service, if that service is sub-standard and causes you a loss through negligence or otherwise, there is a breach of contract for failing to provide services as advertised.

 

The railway industry works a lot different to other workplaces. They don't "negotiate" or "back down" - ever.

[firstclassx]

Hi

 

Pusillanimous is correct on attacking them with internal controls, risk assessment and personal security.

 

Now if you were during this period lone working then they also are required to have a Lone Working Policy and Procedure that you should have been informed of.

 

I would also be using your training record only if it shows you recieved no training for that particular area in fact were you properly trained for that role.

 

They will simply respond that they comply with the National minimum standards set by ATOC. As for whether they do or not, well, I absolutely guarantee that the RMT and TSSA representatives will have signed the Health & Safety walkabout audits every 6 months certifying everything is compliant. In my company, the reps don't actually bother to do the walkabouts with management, but will sign them regardless and take a day off. It is hard for people outside the industry to see the blatant corruption between management/unions.

 

I guarantee they will have (and produce) every single risk assessment and policy you can think of. They don't comply with it, but you can never ever prove it because of the above.

 

They will further point to the company/railway handbook clause that states you must not undertake any task you are not competent or trained to do. They will then say because you did it without sufficient training, you breached XYZ policy.

 

The only way I've ever seen success against rail companies is blatant threats to go public with something. They hate the risks. My point is:

http://www.liverpoolecho.co.uk/liverpool-fc/liverpool-fc-news/2005/07/22/fans-back-on-track-100252-15768074/

 

In this instance, they had lost their appeal, but then went to the press. A director then agreed to "review" the case (and quietly retreat) once the public reaction was considered. They re-employed them, but gave them the worst role they could find.

They never wanted them to be re-instated, but the backlash of having them sacked was too great.

One was later set up and sacked about a year later, the other is hanging on, just.

Edited September 22, 2012 by firstclassx