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Original poster

URGENT - DH JUST BEEN SUSPENDED FROM WORK NEED ADVICE

218 replies

puddytats · 09/06/2005 11:39

DH just got home. Returned today after 4weeks off after birth of dd to find that he is at the centre of fraud allegations at work. He was given no warning until this morning and was given no chance of having a representitive at the meeting that suspended him.

He did not do this (i know i am bound to say this but he is innocent). Where do we go from here, what should work have provided him with, what do they need to tell him etc?

OP posts:
SoupDragon · 09/06/2005 18:39

Try CAT-ting her

Puff · 09/06/2005 18:40

Good idea soupy.

Nightynight · 09/06/2005 18:42

I was once accused of a criminal offence in writing, by the senior management of a company where I worked. I called their bluff and told them to call the police. Never heard anything else about it. It was just an attempt to intimidate me because I had made a formal complaint about the office bully.

Nightynight · 09/06/2005 18:44

What I mean is, you can't trust 'em.
will be thinking of you tonight puddytats.

Newbarnsleygirl · 09/06/2005 18:59

I haven't read all the thread so sorry if I repeat anything.

I was in a similar position myself 5 years ago. I was accused of stealing money from cash registers and staff.

They realised it wasn't me in the end but I was given so much aggro and I kick myself everytime I think about it for not getting a solicter involved or taking my manager to court.

My manager started giving me warnings for made up things at the start which was very odd but every time she did she didn't give me any notice or give me the option of having someone with me. She made sure everything covered her back but not me iyswim.
Luckily for me the Asst Manager was a good friend of mine and one day she pulled me to one side and told me that the Manager was accusing me of stealing the money that was going missing from the tills. She was on holiday for the week so my friend was told she had to watch me when I left the store and check what I was buying, where I went for lunch and any plans I had. My friend said that she wasn't going to do any of those things and that week me and her were to find out where this money had gone.
To cut a long story short we caught the new girl red handed and she eventually admitted that she tried to set it up like I was taking the money. She thought it would work because she knew that my manager wasn't so keen on myself. She was sacked.

My point is that you must contact the appropriate people as there is a strong chance that your dh could have been set up or that someone is out to get rid of him.
Make sure you take notes, keep copies of any letters and dates of working days that you may have in diaries.
I'm sorry I can't be anymore help and I'm no pro when it comes to the legal side of things but I really feel for your dh at the moment. It is so upsetting and infuriating at the same time.

I hope things get sorted out for him.
Good luck.

jambo1707 · 09/06/2005 19:19

can't they match up the signatures on cheques etc to your hubby to clear his name????

thinking of you hope all works out

does seem they dragged it out abit though eh, if it happened last year and only mentioning it now.

Hopefully the cheques will be matched against the dates he was either on holiday or absent due to your sad loss

keep us informed all the best

assumedname · 09/06/2005 19:31

Do you think they're making this up in a crude attempt to get rid of your dh without a fuss?

Or that there is a problem somewhere in the company and they're covering up the 'hole' in the accounts by using your dh?

It does seem odd that they haven't involved the police.

Blondeinlondon · 09/06/2005 19:59

This might help regarding procedures etc...
from 1 October 2004 regardless of their size all employers have to have in place minimum statutory procedures for dealing with dismissal, disciplinary action and grievances in the workplace.

www.dti.gov.uk/er/resolvingdisputes.htm

Original poster
puddytats · 09/06/2005 20:22

DH was meant to be up for promotion in August!

Apparently the police were in the office this morning but that is all we know

OP posts:
Pruni · 09/06/2005 20:23

Message withdrawn

soapbox · 09/06/2005 20:32

puddytats - I can't give you detailed advice as a professional on this matter - I'm not permitted to by the rules of my pfofessional body.

However, I can tell you that your need expert legal advice on this issue.

I would suggest that your husband has been accused of a criminal offense and as such he should contact a criminal lawyer as well as an employment specialist. I suggest he finds a good employment lawyer first and then takes advice as to involving a criminal lawyer if they feel that is necessary.

As well as the option of asking for the police to be involved he could also request that the company instruct a firm of forensic lawyers/accountants to investigate the matter. This is quite usual in these kind of cases.

At the end of the day though if he is innocent then he may have a better chance of proving his innocence if the police are involved. They have more expert resources such as fingerprinting and DNA testing the presented cheques as well as handwriting analysis etc on cash book and cheque requisition forms. They are also independent - forensic accountants will be instructed by and report to hte company's management and may not be wholly impartial!

To undertake a fraud like this in a company with half decent systems is actually quite difficult and invariably leaves a trail of some kind and more often than not requires some degree of collusion.

A full and proper investigation is required.

Unfortunately for you and your DH it will be a stressful time no matter what the final outcome

madrose · 09/06/2005 21:00

Hello, just scanning through the thread, I really feel for you, the stress and worry must be awful - so first lots of >>, reading through I saw something about the company disallowing the presence of a solicitor - bull poo, they can't do this as the current employment act states that any disciplinary hearing in England or Wales allows any person ie solictor, friend, colleague to attend the hearing at the request of the employee if this opportunity is denied by the employer then the employee should not attend. They should explain their reasons for non attendance in writing to the employer, stating their rights to have whoever they want to be at the hearing.

For a disciplinary hearing they have to present evidence of misconduct NOT suscipions, or to just question the employee. If there is no proof, your DH does not have to say anything.

Sounds like they don't really know what they are doing, - record everything that they do, could be useful for your DH when he claims lots of money of them later.

GOOD luck

jambo1707 · 09/06/2005 21:08

Wish there was more I could do to help

Original poster
puddytats · 09/06/2005 21:38

calling an employment solicitor tomorrow morning. It is such a bolt out the blue. I have never seen dh like this, it is like he has been torn apart.

OP posts:
Blu · 09/06/2005 21:43

Madrose - that's v valuable advice re the employment law and presence at a hearing - is there a link that might help puddytats?

Puddy, really sorry about all this, your poor poor dh and you, too. What a horrible horrible shock, and in the middle of what should be such a happy time.

Look, once looked at by people who know what they are doing, it will be sorted and your DH cleared - but that doesn't mean it's not truly horrible in the menatime.

Original poster
puddytats · 09/06/2005 21:47

What really worries us is that in the course of about 5 hours they think they have found inough to instigate the formal disciplinary. What have they got that they are not telling? There is nothing unless it is a set up in which case how do we prove it was not him and how do we pay the mortgage in the mean time.

If he is cleared how is supposed to carry on working therre?

OP posts:
sunchowder · 09/06/2005 21:52

Great post Soapbox. I hope everything works out in favor of your DH Puddytats.

Original poster
puddytats · 09/06/2005 21:56

Sorry soapbox and everyone who has been giving advice, it is really useful - dh even reading mn!

Thank you for all your support.

OP posts:
Blu · 09/06/2005 21:57

As far as I know, people are suspended ON FULL PAY while discipliniary proceedings are pending. From the co's pov, if they find an irregularity, they really have no choice but to suspend anyone who it might be until it has been investigated, i suppose.

But I think that's why you do need a solicitor, and someoen to look at the investigations for real evidence, to prove that it was someone elsae, a mistake, or a set-up.

They will have to prove absolutely that your DH did it, and he will be able to defend himself. But with proper professional help.

Blu · 09/06/2005 21:59

Hi Mr Puddytats - really really sorry that your intro to MN is under these circumstances. We're really thinking of you.

Madrose and Soapbox are v clear....

madrose · 09/06/2005 22:01

Soz - don't know of link - but DH knows all about this stuff - bit of a knowitall sometimes, but can be useful.

Puddycat - they have to have substantial evidence - cctv, written statements - real hard stuff to go for gross misconduct, they can't use conjecture ie - we think you did this, they have to pay him his salary while an investigation is pending, if they don't they are breaking all sorts of employment laws.

If they don't have proof, they have to go through a formal discplinary procedure - ie verbal warning - written warning etc. This is why it would be useful to have someone who knows all the rules in with your DH, and useful to have someone who will speak up for him, as I know when I'm nervous I'm totally inarticulate (sp?)

I know they can make things very difficult and awkward, but it is important that your DH knows his rights and makes sure that his employees know that he knows his rights. too many companies like to bully people out of a job.

My thoughts are with you.

Puff · 09/06/2005 22:04

Puddytats, I'm so glad people have been able to step in here to offer some very clear information.

I cannot see how the company would have a leg to stand on if, in summoning your dh to defend himself against criminal charges, they attempt to bar him from having a solicitor.

Good luck to you and your dh with all this.

Puff xx

soapbox · 09/06/2005 22:12

The company does not have to allow your husband to have a solicitor to accompany him to a disciplinary hearing, although most disciplinary procedures allow you to bring a friend or sometimes a collegue. This will be stated in your DH's staff handbook or equivalent.

In fact it is most unusual for a company to consent to a solicitor being present at this stage, I believe. The lawyers will be better on this point than I am!

As soon as police and criminal proceedings are involved then he has the right to his solicitor being present.

soapbox · 09/06/2005 22:14

Sorry that this advice conflicts with Madrose's. Speak to your employment lawyer tomorrow and get a definative answer!

crazyandconfused · 09/06/2005 22:19

I just wanted to say I hope that all goes well tomorrow and if your husband finds it hard to go back(which I would not blame him for) I would sue the bloody pants off them for undue stress and loss of income and probably if you spoke to someone who knew something about psychology you could come up with some more. Good luck and dont miss them and hit the wall! I'm outraged on your behalf