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Original poster

Advice please

24 replies

TrollyDolly1 · 30/03/2011 17:44

I am sorry, this is a long one. Last monday 21st March DP came home upset. When all comes to all it turns out he has been suspended from work.

He had popped out at lunch time to buy me a birthday cake and a customer (he work's in a parts department at a car garage) had returned a part that he did not need and asked for his money back. He was holding on to a piece of paper which turns out to be an estimate. Very basicaly, I don't understand the system at all but it would seem that my DP had booked the part out on a estimate instead of an invoice in error. It happened a month ago, and he serves alot of people each day so he can not really remember.

To cut a long story short £20 had gone missing - as DP had not booked it out to an invoice the till was not showing as being down and the till for that day was right. He was took in for a disiplinary on the Monday - stupidly he didn't take anyone in with him. He was off all week, and then on Friday his boss rang him and asked him to come in on Monday for a chat. DP asked if it was a disiplinary but was told no, just a few questions we need answering.

When he got there however, it turns out it was a disiplinary and they asked him if he wanted to take some one in - he took a friend in, that works with him as no one else was available, again, I know he should have taken some one better equiped in but he didn't. They terminated his contract as he could not tell them where the £20 was.

I know I would obviously say this but honestly DP is honest as the day is long. He has made a mistake. They have been through everything he has done since working there (almost 4 years) and have found nothing else. He was told to appel, which we did immediatly.

Any advise you have would be great. We can not manage on just my wage. I just keep bursting into tears. We really dont know what to do.

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LoveBeingKnockedUp · 30/03/2011 19:02

Sorry but if I remember correctly an emoyer doesn't to be able to prove it to the same level as the police would. That said it sound strange to me as it sou ds like it is an actual error. Have there been any other issues?

Original poster

TrollyDolly1 · 30/03/2011 19:15

Nothing at all Love. From the sounds of it they have gone through every sale he has ever done and have found nothing.

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LoveBeingKnockedUp · 30/03/2011 21:01

Do you think they could have been looking to downsize and using this as an excuse?

louvert · 30/03/2011 21:32

It seems a bit peculiar to sack someone over a £20 error. Logically, it would cost far in excess of that to replace him (recruitment costs, induction times etc).

I suspect that there's more to it and suspect that LBKU is on the button with the thought that it might have been seen as simple way to downsize. Very shoddily done, though. I really feel for you.

Original poster

TrollyDolly1 · 30/03/2011 21:40

Thank you for your replies. I dont think they are trying to downsize but I dont know for sure. DP is literally a broken man, I have never seen him like this. It is destroying him. They have nothing more on him - just this £20 error. We are at a lose. Just have to wait for the appeal decision now. It is horrible!

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LoveBeingKnockedUp · 30/03/2011 21:45

And that is why I thought that, I have worked in shops and had tills that were down. I did get a warning for a £10 loss but other than that nothing but being told tobe more careful.

For some reason it seems to me they are treating it as a breakdown in trust and integrity with your dp rather than an error by an employee they trust and value.

Original poster

TrollyDolly1 · 30/03/2011 21:47

Your very right LBKU. I to have worked in shops and had tills down, I may have been told to be more careful but nothing more. We will just have to keep our fingers crossed that the appeal goes his way.

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LoveBeingKnockedUp · 31/03/2011 06:45

I'll keep my fingers crossed

LizzieSmurf · 01/04/2011 12:36

This sounds really off to me.

Do they have employee handbook? If so you need to go through all the disciplinary procedures with a fine tooth comb to see if they have followed their own procedures.

Also I suggest you collate any documentation you can (including the employee handbook, employment contract) into a safe place. If you later want to take this to tribuneral your going to need it.

Also most employment solicitors give their first consultation on employment cases free. Might be worth booking an appointment with one and talking this through.

If you do take this up legally and pursue through tribuneral be warned it will be stressful. I have been through this with my partner. It took 12 months to resolve from beginning to end and it was horrible to see his bosses basically slagging him off. We lost too which was heart breaking (his bosses lied through their teeth to win).

I really hope you can sort this out quickly and everything works out. Best of luck!

flowery · 01/04/2011 19:36

The process used is completely unfair, so he should appeal on that basis. If he was specifically told the meeting was not a disciplinary hearing and was sacked at that meeting, having been given about 5 minutes notice to prepare a defence and find a representative, then that's completely unfair, and I mean 'unfair' in a legal sense. He needs to be properly informed with a reasonable timescale that he is coming for a disciplinary hearing, given reasonable opportunity to find representation and prepare a defence having seen the details of the allegations in writing.

Seems to me the decision in the context of previous good record was harsh and it does sound as though they wanted to get rid of him anyway for whatever reason. If they really wanted to keep him they could have done - it's not such a horrendous offence that they had no option but to dismiss.

Original poster

TrollyDolly1 · 01/04/2011 21:10

Thank you for your replies. He had an email today from the managing director and his appeal is on Monday at 3 pm. Really sorry to hear about your dp lizzie, I can imagine how horrible and stressful it was for you both.

They didn't do any of what you said flowery. His boss rang him late on the Friday afternoon, asked him to come in for a chat on the Monday and dp asked if it was another disciplinary and he said no, just a chat. He visibly cheered up after that. Then on Monday, as he walked in he was asked if he wanted any one in with him, he said why, it's just a chat and they said no it's a disciplinary.

Keeping everything crossed for Monday

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crazycarol · 01/04/2011 21:55

Get dp to make a written record of exactly what happened and what was said. Take this with him to the appeal. Have a look at the companies disciplinary procedure and compare that to what happened. if they have not carried out a particular step in the correct manner than make sure he brings this to their attention. It is little points like that that win appeals.

Although being honest (I know you need the money and he needs the job), does he really want to go back to working for them? I don't think I would.

Marlinspike · 01/04/2011 23:32

I'm guessing he's not in a union? If by any chance he is, he needs to get hsi union rep in with him.

Who is hearing the appeal? Is it the same person / people who fired him?

Like crazycarol says, write down everything that has happened. If his appeal is unsuccessful I would say he has an good chance of showing unfair dismissal due to poor procedures at tribunal. Good luck!

Original poster

TrollyDolly1 · 04/04/2011 13:22

No, unfortunatly he is not in a union :(. It the managing director who is hearing the appeal, he has written down as much as he can remember but he can't remember the customer. We are being posative. At the end of it all he has done nothing wrong. I wouldn't want to go back to working there but I think it is important that he clear his name.

One thing that is keeping him going is that 2 people who were caught commiting fraud, won their appeals and they were guilty - caught red handed. He has also spoke to the MD this morning regarding who he was taking in with him and he said MD sounded in a good mood! Please send him your good thoughts at 3!

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Original poster

TrollyDolly1 · 04/04/2011 17:26

He has just got back in. They are going to send him a letter with their decision.

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flowery · 04/04/2011 21:32

How does he think it went Trolly?

Original poster

TrollyDolly1 · 05/04/2011 09:26

He seemed very pleased with how it went. He is confident. Don't know why they couldn't have just given him an answer their and then but maybe that is appeal procedure.

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Original poster

TrollyDolly1 · 05/04/2011 09:27

there even :)

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EssexGurl · 05/04/2011 14:15

Glad things went well. Might be a bit late, but make him write down everything that they've said to him and a timeline of all the actions from the first conversation. As flowery said, they didnt' give him enough notice of a disciplinary, which is automatically unfair, and hopefully will be enough to get him back in. But he should have his own record of the sequence of events. Hopefully he will get reinstated but if not, and you decide to pursue it, it would be helpful to have his own notes.

They might not have given him the decision there and then because they 've realised themselves they have not followed their own procedure and are now doing the appeal to the letter to cover themselves!

Original poster

TrollyDolly1 · 07/04/2011 17:19

He lost the appeal.:(

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TheVisitor · 07/04/2011 17:22

Sounds quite dodgy to me. They've not followed proper disciplinary procedures to the letter and could actually get into trouble for this. Ring ACAS and get advice from them.

Original poster

TrollyDolly1 · 07/04/2011 17:45

We are going to take it further. He is desperate to clear his name. Feel awful, don't know what we are going to do. Thank you for all the advice

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KatieMiddleton · 07/04/2011 18:17

You need to check your home insurance to see if you have family legal cover. And if you do put your claim in asap because you have 3 months less one day to take a case to tribunal.

Even if your dh does not have insurance he should still put in a claim to a tribunal (you can do this online, search for tribunal service) because the process has not been fair.

You have my sympathy. It's a shitty situation to be in.

LoveBeingKnockedUp · 07/04/2011 21:29

I'm so sorry. Please listen to Kate, they have not followed the correct process. Not following their set process is the main reason most companies lose. It's not easy but it can be done. Good luck.

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