Gross Misconduct, suspended pending investigation. Need advice.

[LarMun]

Hello,

I am a nervous wreck. I work in a food retailer and have done so for the past 4 years. I am currently suspended whilst the company investigates claims of taking products without payment.

I have to admit that sometimes on my break I would take things with the full intention of paying for them at the end of the shift, I would usually be on the closing shift. I would genuinely forget, but I would pay for the items the following day, on occasion though I would forget all together and items did go without payment, a lot of people did this. I understand that it is stupid of me and I am not trying to justify it.

I am extremely anxious, I don't know what the price of the items unpaid for is, I am not sure the extent as I cannot remember so many years back. My main worry is that I will be facing criminal charges, and that I will end up with a criminal record. I am pretty sure that I will lose the job, which is understandable and I am willing to pay for the total sum of items unpaid for, I have a meeting on Thursday to discuss the investigation, it will have to be over video call, however.

I understand I have made a silly mistake but sometimes when you are working and have a lot to do you forget things, I am not trying to make excuses but rather trying to give an insight to why I forgot to pay for what I had sometimes. I don't know what to do, I am in constant worry all day and it's taking a toll on my mental and physical health.

Thanks all.

[ULA]

I know it is really hard and that you are feeling really anxious. It may help if you understand a bit more about the process you are currently in and which the company will be going through. At the moment the company is undertaking an investigation, they have not made any decision about whether to take any disciplainary action. The meeting on Thurs is for them to find out from your answers to questions they will be wanting to raise about the incidents of taking products without paying. What it may help you to do between now and then is to try and think back over the recent months (I doubt they will not be going back years as they would have already discussed this with you before now) as to when you may have taken food, did you pay for it immediately or the next day. This may at least then mean you have some answers if they are asking about specific times when they believe items were taken without being paid for.

It is only once they have carried out an investigation that they will decide what, if any, disciplinary action to take. At that point you should be formally invited to a disciplinary meeting at which you should be given the right to be accompanied, details of all the allegations and any documentary evidence the company is relying in should be given to you so you can prepare your defence for the meeting and you should be given an indiciation of what disciplinary action may be taken.

I hope that helps with knowing what the process is. If you have anything further to ask then please just come back to this thread. Maybe over the next few days try and do things that can take your mind away from this even for a little while.

[LarMun]

I know it is really hard and that you are feeling really anxious. It may help if you understand a bit more about the process you are currently in and which the company will be going through. At the moment the company is undertaking an investigation, they have not made any decision about whether to take any disciplainary action. The meeting on Thurs is for them to find out from your answers to questions they will be wanting to raise about the incidents of taking products without paying. What it may help you to do between now and then is to try and think back over the recent months (I doubt they will not be going back years as they would have already discussed this with you before now) as to when you may have taken food, did you pay for it immediately or the next day. This may at least then mean you have some answers if they are asking about specific times when they believe items were taken without being paid for.

It is only once they have carried out an investigation that they will decide what, if any, disciplinary action to take. At that point you should be formally invited to a disciplinary meeting at which you should be given the right to be accompanied, details of all the allegations and any documentary evidence the company is relying in should be given to you so you can prepare your defence for the meeting and you should be given an indiciation of what disciplinary action may be taken.

I hope that helps with knowing what the process is. If you have anything further to ask then please just come back to this thread. Maybe over the next few days try and do things that can take your mind away from this even for a little while.

Thank you for your response, understanding the process has definitely helped me calm down a little. I am just concerned about the prospect of police action, a dismissal due to gross misconduct is bad to have, but I feel I could work around that but If it went to a police case where I would be charged and it would show up on my records would be devastating for any future prospects, that is my main worry and that is the route of my anxiety.

[Guest]

That is excellent advice from ULA.

I wonder if there are any special points to take care of regarding the fact that it is to be a video call?

[ULA]

The fact that the meeting is over video should not mean it is conducted any differently to fact-to-face. As it is an investigatory meeting you so not have the stautory right to be accompanied, however it may be worth just checking your emloyers procedured to make sure they do not provide employees with the right of a companion during an investigation meeting.

If they have not, at this time, mentioned anything about raising the matter with the police then try not to get anxious about this factor since it may not happen, they may have decided to deal with it as an internal matter. Just concentrate your time on getting prepared for the meeting on Thurs.

[Manxman]

Is this the same? https://legalbeagles.info/forums/for...e-for-a-friend