Handed my notice in but now they are taking me to a disciplinary- Help needed

[leclerc]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

LFC, have they given you the evidence that they intend to use in the disciplinary?
How would any such disciplinary have any effect on you current new job i.e. getting the sack for using the debit/credit card for personal use?
If you are aware that it was used for personal use then why not simply accept that you inadvertently used the card and that any monies that are owed you would be willing to repay.

I would add that providing the second question is positive, ie no issue of loss of new job as a result of sacking(all you would lose is the number of days pay) then you do not have to attend but can send in a written submission(keep copies) and repay any outstanding monies.


I have to say I didn't read too much of what others were debating since I was looking for the basic answers to the questions that sprung to mind.
Can I ask whether you ever had in writing that they accepted your resignation?
Did you have to give the card back to the company on resignation?
Did you have to submit receipts for purchases on the card?

[lindalou]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

If you are aware that it was used for personal use then why not simply accept that you inadvertently used the card and that any monies that are owed you would be willing to repay.

Agree see my draft letter post 41

LL

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

In answer to the above questions, all I have had is email confirmation of my acceptance of my resignation. I have destroyed the credit card and handed it back. No receipts have been requested as yet but I am still unaware as to the amounts involved or what they were. I have chased these with Hr and they tell me they have been sent to me at my home address but have not been received as yet .

I have no idea what effect this will have on my new job- I don't know whether to come clean and tell them or wait til they give me a bad reference and then tell them my side of the situation.

[leclerc]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

In answer to the above questions, all I have had is email confirmation of my acceptance of my resignation. I have destroyed the credit card and handed it back. No receipts have been requested as yet but I am still unaware as to the amounts involved or what they were. I have chased these with Hr and they tell me they have been sent to me at my home address but have not been received as yet .

I have no idea what effect this will have on my new job- I don't know whether to come clean and tell them or wait til they give me a bad reference and then tell them my side of the situation.

Ok, if they have accepted your resignation, I am not aware that they can take that back. if they have sent the information then what does it say in your contract about how many days that you have to receive evidence.
I'll explain, I was sacked from a high street bank but their failure to follow procedure meant they had to delay the hearing by a day.

Is there any company policy about using the card for personal expenditure?
Has this happened in the past and what actions did you take to rectify this issue and what did the company do? Did you have to notify them that you had made a personal payment from the card and then give them the money for it, for example?

[lindalou]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

In answer to the above questions, all I have had is email confirmation of my acceptance of my resignation. I have destroyed the credit card and handed it back. No receipts have been requested as yet but I am still unaware as to the amounts involved or what they were. I have chased these with Hr and they tell me they have been sent to me at my home address but have not been received as yet .

I have no idea what effect this will have on my new job- I don't know whether to come clean and tell them or wait til they give me a bad reference and then tell them my side of the situation.

Hello

I think it very unlikely(and unwise) for them to give you a bad reference, the worst they could do would to be give no reference.

I think that you ahould adopt the attitude that this has been a simple error, either by them in that they have an accounting problem or by you in that you inadvertantly used the card.

Also as I metioned earlier, have you checked your contract of employment, is there anything in there that expressly prohibits using the card for personal purchases, as long as the suims are immediately repaid.

My son is the site manager of a medium size business and he regularil uses his and pays it iff at the end of the month, it is cionsidered one of the perks of the job.

LL

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

I can't lay my hands on my contract. I may be that I have left it at work . The email confirming my acceptance just said my offer had been accepted and I would receive details in writing. These to date have not been received although HR have agreed I can start my new job next week. I can only assume I have not received full details of my resignation as this matter came to let and they were investigating it

[teaboy2]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Thank you LL. Teaboy2 what are your thoughts?

LFC i am quite happy with the letter you posted earlier, though including what charity said would help. If you have already sent in the letter then don't worry about it as it won't make any real difference. Also mentioning the fact that HR stated they had sent the evidence to your address, but as yet no evidence has been served at your address and therefore has not been presented to you, and as such no disciplinary meeting can go ahead until you have had the chance to review such evidence, would also help. Though again its not important.

Reason why i say the above minor points are not important is because of the simple fact that the employer would be deemed to be acting unreasonably in regrads to disciplining you in light of the circumstances and given they are more than aware that you would be expected to be at work for your new employer on the date they are wanting to hold the disciplinary meeting.
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I can't lay my hands on my contract. I may be that I have left it at work . The email confirming my acceptance just said my offer had been accepted and I would receive details in writing. These to date have not been received although HR have agreed I can start my new job next week. I can only assume I have not received full details of my resignation as this matter came to let and they were investigating it

Details are not important what is important is that you have written confirmation that your resignation had been accepted.

[leclerc]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

I can't lay my hands on my contract. I may be that I have left it at work . The email confirming my acceptance just said my offer had been accepted and I would receive details in writing. These to date have not been received although HR have agreed I can start my new job next week. I can only assume I have not received full details of my resignation as this matter came to let and they were investigating it

The disciplinary meeting should be delayed whilst they give you a copy of the contract since you are currently still employed by them. It will delay things certainly

[bluebottle]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

In relation to 'psychiatric injury', one of the important factors considered is 'to what extent, if any, has the incident affected the person's ability to cope with day to day life & work.'

It may interest you to note that there has been a case where an individual who suffered bullying and harassment that resulted in them being unable to work for six months succeeded in bringing a criminal prosecution against their tormentor in respect of the mental health issues this caused. The bully was arrested by the police, charged with Assault Occasioning Actual Bodily Harm (ABH), was convicted and sentenced to six months' imprisonment.

This particular case was significant in the way bullying, harssment and stalking is dealt with in that it gave police a way of addressing the effect bullying, harassment and stalking has on a victim's mental health.

[charitynjw]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

It may interest you to note that there has been a case where an individual who suffered bullying and harassment that resulted in them being unable to work for six months succeeded in bringing a criminal prosecution against their tormentor in respect of the mental health issues this caused. The bully was arrested by the police, charged with Assault Occasioning Actual Bodily Harm (ABH), was convicted and sentenced to six months' imprisonment.

This particular case was significant in the way bullying, harssment and stalking is dealt with in that it gave police a way of addressing the effect bullying, harassment and stalking has on a victim's mental health.

Would the above-mentioned case be R v Ireland [1997] 3 WLR 534?

[bluebottle]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Would the above-mentioned case be R v Ireland [1997] 3 WLR 534?

Hello Charitynjw,

Yes. It is R -v- Ireland 1997. There is also another case, R -v- Burstow 1997.

Ireland involved a conviction for Actual Bodily Harm. Burstow involved a conviction for Unlawful and Malicious Wounding.

I've also done some further research on dealing with DCAs and bailiffs and it is appropriate to use the Protection from Harassment Act 1997 to deal with these vermin.

Bluebottle

[lfc3110]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

I need more advice today. I started my new job on Monday and all was going well until today. My manager called me in and explained that they had received a call from my old HR team to say I was due to attend a discliplinary yesterday but failed to turn up and because I had failed to turn up they had dismissed me on a gross misconduct charge. I did post the letter I had drafted, with a few minor changes on Friday last week. But I have never received an invite to attend this so called discliplinary yesterday nor have I received details of the transactions as yet. I have been suspended from my new work place and in bits. What on earth do I do now?
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also just for reference- I had put my colleagues name down as the reference for my old place and she has never seen it- despite it been marked private and confidential- yet HR managed to get it. Are they allowed to open other people's mail?

[charitynjw]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Hi lfc3110,

How did you send your letter (ie recorded delivery, first class, etc.)?

If ordinary post, did you get proof of posting?

nb I'm just asking to clarify

[leclerc]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

I need more advice today. I started my new job on Monday and all was going well until today. My manager called me in and explained that they had received a call from my old HR team to say I was due to attend a discliplinary yesterday but failed to turn up and because I had failed to turn up they had dismissed me on a gross misconduct charge. I did post the letter I had drafted, with a few minor changes on Friday last week. But I have never received an invite to attend this so called discliplinary yesterday nor have I received details of the transactions as yet. I have been suspended from my new work place and in bits. What on earth do I do now?
------------------------------- merged -------------------------------
also just for reference- I had put my colleagues name down as the reference for my old place and she has never seen it- despite it been marked private and confidential- yet HR managed to get it. Are they allowed to open other people's mail?

We need to see whether you got proof of postage. Furthermore, you can appeal the dismissal and would be invited to a disciplinary meeting. It might be company policy that only Human Resources can give out references and that any informal reference from an employee could equally be termed as being misconduct. Furthermore, I'm not so sure the company can give as much details as they have given to your new company. I think you may want to speak to the ACAS helpline. I suspect that they have the right to withdraw their reference for you but I'm not sure that they can give as much information as they have done with reference to the disciplinary meeting and your failing to turn up.

[leclerc]

Re: Handed my notice in but now they are taking me to a disciplinary- Help needed

Did you get their evidence that they are using against you prior to the disciplinary meeting?

If not then that is one grounds of appeal.

Has this happened before, and I mean, that you have used the company card for personal items?
What precisely happened on that occasion? Have you ever overlooked any previous "personal" purchases and did the company speak with you and did you then reimburse them?

Do you even know the value of the purchases that was alleged to have been made by you for personal items?