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Help - Disciplinary Action

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  • Help - Disciplinary Action

    I have been accused of theft in the workplace.*

    Last Friday, I took some goods from one retail site to another. Whilst there, one of the company Directors sent a member of staff at the site a message to ask how many items I had brought and could they check the CCTV to show me unloading them. I saw this message (the member of staff showed me) so contacted the director to ask what was going on and if there was a problem. He was adamant he is entitled to ask questions about his stock. On Sunday, I received a phone call from our accounts manager checking that I was ok as no one had heard from me and the director was concerned - we ordinarily have a good working relationship and speak outside of work - I said I was, but I was very confused by the events of Friday. Monday I attended work as usual, the director asked to speak to me, he said he was glad I had come into work but felt we needed a chat to clear the air and that it would be better with the accounts manager to mediate, so why don’t I take a couple of days off and we’ll catch up on Wednesday. Following day the accounts manager arranges what she refers to as an informal chat to take place on Wednesday morning. I attend, to find it is just me and the accounts manager, and she presents me with two CCTV clips from almost a month ago in which I am seen leaving one of our shops with multiple items, and asked to explain what I was doing. On the first clip, based on the time and the contents of the basket, I said it appears I am getting my lunch (I am one of a few employees entitled to free lunch) On the second clip, I leave the shop with 3 items, put them down outside, go back into the shop and return with a further item. I cannot recall exactly what happened given the time that has passed, but show the accounts manager two transactions for that day from my online banking, the amounts of which would reasonably equate to the goods I’m seen holding. In addition I raise the question as to why I’m not being shown the footage from the internal cameras which would presumably offer further clarification. Also, I point out that there are likely to be multiple clips of me doing similar as products are frequently taken to the office to be photographed for social media etc, and subsequently returned to the shop days later. I am in a position of trust, with full access to the bank accounts of the company, hold company debit cards, and regularly have access to large amounts of cash, if I was going to steal, it is completely illogical that I would take items amounting to less than £10. The accounts manager said she felt I had offered perfectly reasonable explanations and would speak to the director. I heard nothing further until 5.30pm the following day (Thursday) when I received a letter asking me to attend a disciplinary meeting on Friday afternoon, less than 24 hours away. The letter contains no details of allegations, no evidence and no details of the possible outcomes. If an investigation has been carried out, I have not been informed, nor have I been told that I am formally suspended, it has just been suggested that I take a few days off. Currently I feel that my employer wants me out of the business, they have not followed procedure but the issue I have is I am 3 weeks away from having 2 years service so a dismissal at this point would be unchallengeable?*
    Tags: None

  • #2
    In terms of the letter requesting you attend a disciplinary this should have contained details of the allegations, copies of any evidence that they are relying on to support the alleged allegations, the right to be accompanied by a colleague or union rep and finally more than 24 hours notice, since you need to be given time to prepare your defence.*
    That said you have less than 2 years service and unless your dismissal is due to a particular set of circumstances, which appears not to be the case from what you have said, or for discrimination you can be fairly dismissed.*
    I am thinking from what you have said the the meeting is this afternoon. In which case you can state that the process undertaken had not been a fair process in terms of allowing you time to prepare. If they do decide to take disciplinary action then you should be given the right to appeal.*
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