Advice needed

[Rockyags]

I have been in my current job for 7 years. Yesterday I did sumtin very stupid and now I have been suspended with pay until a disciplinary hearing. Basically I work in a shop and offered more discount than I should have, during my suspension interview I didn't admit to it blamed the customer. I admit to my mistake later and apologised. How should I prepare for disciplinary hearing? If I do get fired can I still mention this job on my cv? How can I get a reference?

[Tools]

Re: Advice needed

Hi Rocky and welcome to Beagles

What were your reasons for offering the increased discount, intentional or by accident?

You say you firstly denied it but later admitted to it, again did you later realize your mistake or decide to come clean?

Can you give a brief post as to the events leading up to your suspension, how you were notified of your suspension and what they have told you about the upcoming disciplinary hearing.

Have they given you the option to be accompanied during your hearing?

What investigations are they carrying out during your suspension?

Lots of questions but it does help to get a better picture to advise you.

[FlamingParrot]

Re: Advice needed

I have been in my current job for 7 years. Yesterday I did sumtin very stupid and now I have been suspended with pay until a disciplinary hearing. Basically I work in a shop and offered more discount than I should have, during my suspension interview I didn't admit to it blamed the customer. I admit to my mistake later and apologised. How should I prepare for disciplinary hearing? If I do get fired can I still mention this job on my cv? How can I get a reference?

As you have been with them for 7 years, it would be rather difficult to leave that job out of your CV.

From my own and a few other's experiences, employers will often decide to offer you a settlement which includes an agreed reference if you submit an ET claim for unfair dismissal. I did so years ago and got a small "commercial settlement" along with an agreed reference, which I typed myself and they were bound to provide for five years, in exchange for me not making any 'disparaging remarks' against my former employers and the outsourcing outfit. The whole thing was brokered through my solicitor with ACAS. It's now been 10 years so I'm free to make disparaging remarks if I want to. :grin:

Someone I know resigned and submitted a claim for constructive dismissal. Despite the very low success rate of such claims (estimated at just 3%), he was also offered a small settlement and agreed reference. Nowadays you'd have to pay a £250 issue fee but it may well be worth it, as even the small settlements were many times that amount and included a reference. In some cases, you may be able to apply for remission of the fee as noted here: https://www.gov.uk/government/upload.../T435_1113.pdf

You might not have to pay a tribunal fee because of your financial situation or if paying a fee would cause you hardship. The leaflet ‘EX160A Court and Tribunal fees - Do I have to pay them?’ tells you more about the fee remission system and includes the remission application form.

Obviously we don't know the outcome of the disciplinary yet, the above is just for information and to show you that, even if the worse comes to the worse there's always a way! :thumb:

[Johnysam]

Re: Advice needed

Hi Rocky,

I would advice you to apologize for your behavior and talk to the manager as well. I am sure everything will be sorted out soon.

[charitynjw]

Re: Advice needed

As this is an employment matter, the employer only requires reasonable suspicion of wrongdoing in order to start disciplinary proceedings.

In a recent Court of Appeal hearing, even though the employee was cleared of any criminal act, the CoA highlighted that fair/unfair dismissal is based on the reasonable belief of the employer & the subsequent reasonable investigations, which do not have to be to a 'criminal' standard (ie, doesn't require 'beyond reasonable doubt' proof).
Stuart v London City Airport Limited [2013] EWCA Civ 973
http://www.quantrills.com/for-employ...d-for-an-alleg

[charitynjw]

Re: Advice needed

That said, another case, this time at the Employment Appeal Tribunal, shows that it is not always a reasonable response to dismiss unless all factors, including mitigating circumstances, are taken into consideration.
Ms F Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/03584/12
http://www.lyonsdavidson.co.uk/news/...nable-response