Wrongly handled?

[peter p]

Re: Wrongly handled?

Re post 58, the P45 touched down about an hour ago.
My SD was probably caught up in this, her colleague was not on the best of terms with the manager and I think she saw an opportunity to get rid of the girl and put a stop to any wrong practises but didn't realise who else would be implicated, the manager is weak and non confrontational.
Proof-dates, times, stock, plus two witness statements. Enough to cover reasonable doubt. Bringing a child up etc is irrelevant, I was making the point that she has never been in a "proper" work/employed environment and therefore felt she had to "go along" with the flow to fit in. Excuse, possibly, but also a justified observation. Unfortunately the tone of the letter from head office has raised my hackles, again. Was prepared to consider letting it go and move on, not now though.
Am going to spend the evening with a Scotch in one hand and a keyboard under the other, oh happy days!

[charitynjw]

Re: Wrongly handled?

Hi peter p,

Are you suggesting that you are going to use the company's confidential information to prove a point in Court/Tribunal?

[peter p]

Re: Wrongly handled?

Hi peter p,

Are you suggesting that you are going to use the company's confidential information to prove a point in Court/Tribunal?

No, an IT would be a waste of money and the tribunals time, there are more just cases out there than this one. An apology from the company would be good enough for me, if they would throw in a reference all the better as she did work hard and was the only one wiling to do 4am starts-so her manager could stay in bed, contra to company policy.

[charitynjw]

Re: Wrongly handled?

Hi peter p,

Generally speaking, courts don't concern themselves with moral issues; they have to, for the most part, stick to what is legally permissible (or not, as the case may be; a broad generalisation, perhaps, but that's the framework on which the specific facts of individual cases are applied.)

& from what I've seen of it, ET's are perhaps more 'stickler' than most.

[peter p]

Re: Wrongly handled?

Their letter says that they have interviewed ALL staff from Area manager down to shop floor. All staff deny the allegations we have made and therefore they find our accusations unfounded. We have countered this saying "of course everyone will deny saying anything as they want to keep their jobs" and their investigation is based on he said she said. It was also carried out by someone who sign herself as Store Manager (branch unknown) and not any one from HR. We have several text messages from current staff that contradict the findings, one says "I told them what *** did, telling us you had been suspended and you were going to be dismissed was wrong" another from the assistant manager says "it's all ****** lies I never said that I told them what *** said about you being sacked" etc etc. Can they be used as evidence? I dont know but, they are quite strong proof that something is not right here.

[wales01man]

Re: Wrongly handled?

Courts or tribunals might view the accusation that others were doing the same as sour grapes would the witnesses be prepared to swear on oath in a court ,time for the OP and SD to move on as I said before good luck to the SD for the future put this behind her what is really to be gained by carrying on is this to satisfy the SD or the OP

[charitynjw]

Re: Wrongly handled?

Almost anything can be used as evidence.

However, the 'weight' of the evidence will probably be judged according to the availability of the statement makers as regards cross-examination.

[wales01man]

Re: Wrongly handled?

Would remain to be seen if they would face a court its easy to say things but to stand by them is another thing,still think its time to move on

[peter p]

Re: Wrongly handled?

Courts or tribunals might view the accusation that others were doing the same as sour grapes would the witnesses be prepared to swear on oath in a court ,time for the OP and SD to move on as I said before good luck to the SD for the future put this behind her what is really to be gained by carrying on is this to satisfy the SD or the OP

To satisfy both of us!

[MissFM]

Re: Wrongly handled?

To satisfy both of us!

Peter P

Sorry can't offer a legal solution but FWIW I'm absolutely with you and your SD on this. What she did may be wrong but appears to be an entrenched part of that workplace culture and she is no doubt young and impressionable. It has taken courage for her to admit guilt and to speak out. I bet they're not paid much and this practice is unofficially presented as a perk of the job.

Sometimes it really is worth smacking it to the hypocrites, just for the satisfaction...

:evil: x

[peter p]

Re: Wrongly handled?

Peter P

Sorry can't offer a legal solution but FWIW I'm absolutely with you and your SD on this. What she did may be wrong but appears to be an entrenched part of that workplace culture and she is no doubt young and impressionable. It has taken courage for her to admit guilt and to speak out. I bet they're not paid much and this practice is unofficially presented as a perk of the job.

Sometimes it really is worth smacking it to the hipocrites, just for the satisfaction...

:evil: x

Thank you for your comments, you have summed my feelings up completely.

[labman]

Re: Wrongly handled?

Peter P

Sometimes it really is worth smacking it to the hipocrites, just for the satisfaction...

:evil: x

.......... but not at all cost!

[charitynjw]

Re: Wrongly handled?

Hi peter p,

You've already stated that you have no desire to go to ET (Post #78).

I would be very surprised if the employer were to apologise for apprehending a employee who has broken the law & breached a fundemental implied term of the employment contract, that being trust & fidelity.

So, what else is there to challenge them on?

[peter p]

Re: Wrongly handled?

Hi peter p,

You've already stated that you have no desire to go to ET (Post #78).

I would be very surprised if the employer were to apologise for apprehending a employee who has broken the law & breached a fundemental implied term of the employment contract, that being trust & fidelity.

So, what else is there to challenge them on?

I agree, have made no bones about what she did and the fall out from her actions. That is water under the bridge, confidentiality is paramount and it has been breached more than once and they STILL deny it. This would have ended if they said something like "their is a faint possibility that this situation may not have been handled as it should and whilst we can be certain of this something may have gone wrong and for this we apologies"
I challenge their lies with what I consider is some physical proof V a typed letter.

[labman]

Re: Wrongly handled?

[QUOTE=peter p;371215
I challenge their lies with what I consider is some physical proof V a typed letter.[/QUOTE]

I think we can all sense your immense frustration. However, if you're going to do something, you need to do it really. There is no point, to my mind, engaging in a lengthy and futile exchange of letter tennis, unless of course doing so would make you feel better. If you're thinking about legal action, I would personally say please don't - it could prove very costly and achieve nothing. :beagle: