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Possible loss of job

13 replies

ALiceM20 · 11/04/2019 12:38

Hello everyone
Not sure if I need advice or just some friendly ear to listen
I am super stressed atm.
Since having our first child I've been a stay at home mum (so 2 years now) and am now 28 weeks pregnant with second child. My partner works but he's been accused by someone at work for stealing. He's definitely not done it, but there's unfortunately no cctv in the place either so no proof other than someones word against my partners so it's currently still on investigation and we are so worried about what we will do if he loses his job.
We've only been getting little bit of tax credits no other benefits but if he does lose his job I don't know how we will afford to pay rent bills etc
He's been working there for years so we hope that is taking into consideration that he's been a very good employer but we really do not know what to expect and it's really difficult as I'm only few months away from giving birth

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Hollowvictory · 11/04/2019 12:45

Is he suspended at the moment?

ALiceM20 · 11/04/2019 12:48

Yes he is suspended on a full pay atm

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Hollowvictory · 11/04/2019 12:50

Is he in a union , has he called acas for advice

ALiceM20 · 11/04/2019 12:54

Not sure about union will ask him
What is acas? Never heard of it

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daisychain01 · 12/04/2019 15:09

there's unfortunately no cctv in the place either so no proof other than someones word against my partners so it's currently still on investigation and we are so worried about what we will do if he loses his job

Given there is no CCTV, and on the basis that UK justice is based on the foundation of "Innocent until proven guilty", then the onus is on the accuser to give irrefutable evidence that your DH is guilty of a crime.

If your DH truthfully states his innocence, then on what basis does this colleague place his evidence?. It isn't about "his word against DH", no, it has to be tangible evidence that is used in the investigation process.

Don't let your DH be forced into admitting anything, be clear that he is the wronged party by being accused falsely.

daisychain01 · 12/04/2019 15:13

Just to give the converse perspective, if he did commit theft, then he needs to seek legal advice to understand his rights.

Might be worth asking him the question, as it could come out later. He could also talk to Citizens Advice as another support agency.

FogCutter · 12/04/2019 15:20

In this situation (gross misconduct allegations) there is no requirement for the employer to prove an allegation 'beyond all reasonable doubt ' as you would in a criminal law case.

Employers are obligated to work on the principle of 'reasonable belief' ie does the disciplinary manager reasonably believe that your DP stole from his employer.

So your DP needs to put forward his case explaining why he could not have stolen and any reasons why his colleague may have made the allegations against him- does he dislike your DP? Could it have looked like he stole something but actually didn't? Etc.

ALiceM20 · 12/04/2019 16:33

Hello thank you for all your replies
Today a letter arrived about his suspension it states that the theft was done Friday and on Tuesday he attempted to steal something again.
He was however not at work friday, he was meant to be working but was really ill so he had to take a day off. I suppose that should be good enough proof that someone made a lie about him stealing something. He is also trying to find out what time they say it took place on Tuesday to see if it actually even supposingly done when his only break was.

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daisychain01 · 12/04/2019 16:35

The principles of justice still need to apply, and if the colleague concerned can give absolutely no justification for their allegation then it needs to be determined if the accusation was made for some vexatious or malicious motivation. The Decision Manager would be foolish to sack someone solely based on an accusation.

My point about absence of cctv was that it doesn't weaken the DHs defence, the employer still have to be fair, through whatever means they can (given that theft is a criminal act).

daisychain01 · 12/04/2019 16:39

Thanks for the update OP.

Does your DH think this colleague has a reason to make the accusation - maybe some motive to want to get your DH into trouble - is there a back story?

ALiceM20 · 12/04/2019 16:57

As far as we know no back story. It is someone who works in his works place canteen. My partner says that person always gives him dirty looks but he's not sure why the dislike, he thinks it might be because of someone he is friends with but is really not sure.
My partners work union are now also doing their own investigation into it after my partner contacted them as they said it is not the first case they had of that recently

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daisychain01 · 12/04/2019 17:00

Well, if the Union says there's history of (the same person?) making accusations, then that's something to include in his defence. Hopefully his Union can give him full support and he will soon be released back to his job.

ALiceM20 · 17/04/2019 11:17

Yes we hope so
The union said there's a letter on its way to us and there will be meeting on Tuesday so I suppose it will be when he can present his side ?

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