Urgnet help required Discpline procedure but all ready left

[todd0407]

Hi,

Just after some of advice as to where i stand first of all a bit of background i currently work in a finance role and i handed my notice in on the 20th of October as i had got another job, due to holidays my last day was due to be today (Fri 15th), and i oficially start my new position on Thursday 21st. Now the issue is that i made a silly error of judgement on wednesday 13th, I am responsibe for banking and instead of banking all of the cash i kept £1000 cash to one side and immediatly put a transaction for £1000 through my own personal credit card which i didnt have on me but had the number and took the money as i needed to pay solicitors for a house sale and had a deadline to meet that day and no time to get the card. i was then confronted Yesterday(Thursday 14th) about it after the temporary person brought in to replace me rasied it with a manager and her and a Director then came to speak to me about it and i stupidly lied as i just panicked and made a story up that it was a client who had paid by cash but then realised the needed the cash so asked to refund them and paid by card instead, they didnt believe me and suspended me on full pay, after half an hour i then realised the error of my ways and went back to work and confessed exactly what i had done. They told me it would still be a discpline matter and i was to leave and they would be in touch. Now as my offical leaving date is Wednesday 20th and i have exams on the Tuesday 19th and wednesday 20th (which the are fully aware of) i wont be able to attend any discplinary procedures on them days and start a new job on the Thursday so would be unable to attend after that also. I therefore contacted the HR department to try to see if we could sit down on monday 18th to get it sorted but was told no as they are classing it as gross misconduct and they are still investigating and can't fit me in to the person who is investigating schedule at the moment.

I have worked their for 2 years have no previous issues and have gone above and beyond on many occasions, i fully admit i made a huge error of judgement and realise the mistake i made in lying about what happened but i cant see what they will gain from the discpline procedure?

Here are my questions as my official leaving date is wednesday 20th if they organise a discplinary meeting after this do i have to attend?

What will they gain from gross miscoduct dissmisal?

Can they contact my new employer?

[wales01man]

Re: Urgnet help required Discpline procedure but all ready left

Hope the police were called

[todd0407]

Re: Urgnet help required Discpline procedure but all ready left

Why would the police be called as no money has actually been stolen the cash was taken after the card transaction had gone through?

[wales01man]

Re: Urgnet help required Discpline procedure but all ready left

Well do people usually take the employers cash and pay from a card into there bank?
As for the disciplinary if you don't go will they inform your new employer there has been a thread on here where the ex employer told the new employer that the employee had done something ?

[charitynjw]

Re: Urgnet help required Discpline procedure but all ready left

Hi todd0407, & welcome to Legal Beagles.

AFAIK no theft has occurred, as that would require an intent to permanently deprive or usurp the rights of the owner; all you have really done is (part) paid via an alternative method.
Criminal law would require 'beyond reasonable doubt' proof of a crime, & I would doubt if that bar has been reached.

However, employment law is a different matter, requiring the lower standard of proof of 'balance of probabilities', & even then an employer really only needs reasonable suspicion to instigate disciplinary/dismissal procedures.

Re the meeting after your leaving date, you don't have to attend, but they can proceed with the meeting in your absence, especially if it is unlikely that you would attend any alternative dates.
& they could consider that the offending action was such as to seriously undermine their trust, which may well be an instant dismissal decision. Your employer's company procedure re disciplinaries should give you more info.