Dismissed for gross misconduct please help

[Holly day]

Re: Dismissed for gross misconduct please help

……………………………..thanks guys…………………...

[Holly day]

Re: Dismissed for gross misconduct please help

Hi, little retail unit in a hospital

[Holly day]

Re: Dismissed for gross misconduct please help

they wanted me out from week one, but i came from the benefit trap no way was i going back! so kept it clean worked hard. had a few confrontations with three managers who were all friends. it was one of them situations where a new manager tried to bring the family in and staff started going missing. i wasn't going a place. any job that paid my rent was perfect for me

[Holly day]

Re: Dismissed for gross misconduct please help

tried to do the blog thing, gonna have to wait for my sis,

[ploddertom]

Re: Dismissed for gross misconduct please help

I notice the problems you say you had with scanning items, do you know what type of EPOS system it was as some are better then others.

[Holly day]

Can i submit this as my appeal plz help

HI and welcome to every one thanks for responding

This is my attachment to ad to the final draft, witch is what id submitted on here prior to this. and like i flid deleted the actual appeal draft id posted.
ok minds right, ill just re add it below this attachment.




Please see reference’s numbered/listed below in relation to the enclosed document.

(Ref 1)
In Your document statement (on page 2) where you mention, “staying within the law document”. I would like to state that said document was filled in but discarded and not signed or dated nor agreed by my self. Therefore the document signature and date (seen in the copy you attached) was therefore not my deed.
It should also be noted that when I was presented with said document I in fact and respectively so, refused to sign it (subsequently I did produce a statement given to the relevant management as explanation to my reasons for not doing so) at the request of the store manager. I printed a copy and presented this to him.

I therefore believe that another fraudulently completed this document? Hence signed by someone other than myself at a later date in order to wrongfully ensure/ secure further reason to terminate my employment

(Ref 2)

Following my prior suspension it was stipulated that I was to receive retraining, however, and despite my persistent requests to the store manager no training was provided.

The store had two tills of which, both would a majority of the time malfunction thus fail to process sales accordingly/accurately. Generally the till in question used by my self-continued to fail frequently and so I regularly had to adjust and adapt to these difficult situations as and when they would present to me (see Ref 2)

The items in question were therefore not then processed in the usual manor and so would have been recorded under discount and on commodities in a separate transaction, due to prior mentioned processing difficulties, alternative measures were applied when necessary any deviations would have been applied due to malfunction issue presented to me. Your apparent evidence that suggests that I had not completed the transaction is in correct manor I therefore refute said claim

In your letter you make mention of the CCTV footage however you have not specified what particular “act or situation from the CCTV supports any of the clams made” by your self. Thus I do not see how it is possible to assert this as any such evidence to support your claim.

With Reference to witness statement it clearly has not made any true confirmation As to any such gross miss conduct for witch I have been accused. Yet you have attempted to use this in the support of the same.


(Ref3)
Regarding meeting notes

For witch I never signed in any agreement for the same reason points 1-9.
Many of the statements you made are untrue and not from my self in my recollection. I have no account of ever having agreed with nor stated some/most of the key facts you clam I made by witch you used to terminate my employment and support your allegations





Regarding your decision to proceed with the hearing

Under the conditions of my sick leave I am not required to carry out work related commitments.
Due to anxiety and high blood pressure brought on by work related stress







Appeal against dismissal for gross missconduct

I was suspended in June 2013 with immediate affect and sent home.
I attended the first stage of the hearing where I was informed the police were informed and that id be hearing from them,
In the hearing I was accused of the following

· failure to comply with company policy in relation to cash and stock handling and failure to comply with company policy in relation to general security
·
These are the points I’m accused of

1. Consuming a drink with out payment
2. Failing to charge for a packet of sweets
3. Processing one out of two scrach cards
4. Magazines

The following points are the circumstances

(1) Point one

My team leader asked me to discount drinks that were going out of date that same day. I did that then took one into the stock room/ back office where my team leader was. I asked her if I could buy the drink. She looked and replied yea let me just sort this out first. At that time she had been counting cash. I then asked if I could drink it now, as I was thirsty. She said I could. I drank it in front of her.

Team leaders statement regarding consumption of drink and payment

· Team leaders statement says she can’t remember me paying for the drink. She was asked if she could remember anything specific on that day and her reply was no.
· The team leader was asked if she had authorized any member of team to consume with out payment including me. To witch she replied no!
· Team leader was then asked if she remembered any attempt from me to pay for the drink, she replied and said not that she could remember.

(2) Point two

A customer had a number of products ready for purchasing; I processed ALL full priced products and processed the discounted sweets separately from the original transaction. This was due to erratic mechanical issues with my store till. (issues with the till visible on CCTV footage)

(3) Point Three

A customer had come in to the store I assisted her and went to serve a customer at my till. My till was faulty and had failed during the processing of the customers products. The customer I had previously assisted had begun to queue, soon after she asked for two scratch cards I took the payment and handed her the cards. I proceeded with my attempt to make my till operational. I then sort assistance from my team leader who was now at the cash till with me. I was talking her through what had occued we managed to get the till to work briefly then it worked again. I continued to process the customer’s purchase. It wasn’t until I was viewing CCTV footage at the suspension hearing that I realized the second customer had left the store with a newspaper under her arm. I did not see her leave.

(4) Regarding magazines

I was told in police interview that I was under suspicion of being responsible for thousands of pounds of stock lose including magazine losses.
Summond to interview under caution with C.I.D officers


It was at the police station that I was made aware of my manager’s accusations against me. And why the questions about the one customer when the others were also regulars, My manager had told the police that he suspected that I was working in partnership with the customer The officer proceeded to asking me why the customer came in twice and how was it that id made two mistakes with the same customer.
I had not made any mistakes with this customer.
I was accused of not taking payment for the customers scratch cards.
The customer did pay me for her purchase and this was visible in the CCTV footage provided by the manager to the police.
The Officer informed me of the accusations made by my manager against me. He is accusing me of stock theft totaling £10.000 from 2007 to 2013!
At that point I asked to view the evidence. The officer lifted a bunch of documents and said “this is the evidence” I asked to see the CCTV evidence.
The officer proceeded to show me footage from June 2013 to July 2013 of a Euro million lottery ticket left out near my till. It remained on the side. From the footage you can clearly see me take it and go into the stock room / back office to my team leader.
You can see me motion with my arm pointing in the direction of the unit opposite. You can also see my mouth moving and you can see my team leaders mouth moving also.
I was informing her of my intention to obtain payment by taking it to our other unit directly opposite as the staff member had previously printed and requested to purchase the ticket but failed to bring the payment to me yet had come back in my store twice and did not attempt too pay for it.
I took it to him with permission and he paid.
I obtained a second receipt for it and came back into my store with the receipt viewable in my hand and also seen from the CCTV Footage.

In August my doctor signed me off work due to stress high blood pressure and anxiety. I sent the company every sick note from August to Jan 9^th. That doctor’s note continued on from the previous month and ends on Feb. 2^nd 2014. Under the conditions of my sick leave I am not required to carry out work related commitments. New hearing dates were set regardless of my circumstances.

· Disciplinary document says it has been deemed reasonable to proceed in my absence.
I have been dismissed on gross misconduct!

I feel it unjust that I have suffered the loss of my employment on the bases of an investigation that produced un founded and discredited clams
· I was subjected to immediate suspended with out question
· The evidence dose not shows any thehft on my part
· The footage supports my clams
· I had logged in and operated my till under order from the manager 10 or more minutes after my shift had ended.
· My manager told me to get my belonging
· Payment was received for the scratch cards
· The issues with the till forced me to adapt to unexpected change
· The sweets were processed under commodities for 25p down from 39p or 18p down from 25p due to further reductions
· I did not sign the hearing statement because it in accurate in many parts.
· I at no time offered my personal situation as response to any questions put to me.
· I spoke of my situation at the end of the hearing.
· Faulty cash till (seen on footage)
· Was permitted to consume the drink the delay in payment was not through fault of my own I had requested payment to be made and told to wait a wile as she was busy counting money. Eventually before the team leader left she took payment charging me 50p. They were discounted to half price by my self-making them 75p each. My team leader further discounted it to 50p as it was now off sale to be thrown away that evening.
· Payment was taken at some point that same day, by team leader under commodities for 50p
· Payment WAS received for both scratch cards
· The products were processed accurately
· Record /receipt inaccuracy due too cash till malfunction

Unexplained accusation

Failure to comply with company policy in relation to general security
No explanation provided for this accusation

[CleverClogs]

Re: Dismissed for gross misconduct please help

Hi, little retail unit in a hospital

But not, I assume, a shop run by the local WI or other volunteer organisation?

Is it run by Capita?

[CleverClogs]

Re: Dismissed for gross misconduct please help

hair started to fall out i still worked

I do not know why you chose to remove those remarks, but the matter of your hair loss does make one wonder why.

Yes, hair loss can be caused by stress, but other causes are:

• cytotoxic drugs - chemotherapy for tumours, which kills off hair follicles
• ingestion of heavy metals such as thallium
• chronic exposure to ionising radiation, such as that used in radiotherapy

Please see http://en.wikipedia.org/wiki/Hair_loss#Causes - and please get yourself checked for diabetes mellitus.

[CleverClogs]

Re: Can i submit this as my appeal plz help

I'd be delighted and honoured to proof-read and/or sub-edit anything.

[Amethyst]

Re: Can i submit this as my appeal plz help

Just wondering whether you have spoken to ACAS yet?

And don't worry about your spelling/grammar , it's the content that is important and CleverClogs (or anyone else for that matter) will be happy to proof any paperwork for you

Mind you, I did rather love your spelling of 'circumstances' this morning

[enquirer]

Re: Can i submit this as my appeal plz help

He is accusing me of stock theft totaling £10.000 from 2007 to 2013.

Ten, or ten thousand pounds?

If the latter, then it would seem that the manager needs investigating.

[Amethyst]

Re: Can i submit this as my appeal plz help

Ten, or ten thousand pounds?

If the latter, then it would seem that the manager needs investigating.

Ten pounds...

Seems to be a 47p magazine, a 60p drink, and a newspaper... so far as I can work out. The accusations seem to include two £1 scratch cards.

Ridiculous really

[Holly day]

Re: Can i submit this as my appeal plz help

wow' thanks thats so nice of you . I'm just now working on the final draft and will put it up on here once its complete. id really appreciate your help.

[Holly day]

Re: Can i submit this as my appeal plz help

10 thousand. hi, hea i know they have been tuning to get rid of ne for a wile.

[leclerc]

Re: Can i submit this as my appeal plz help

Did you have a word with ACAS as Amethyst had suggested on another post and did they provide you with any advice?

One question I am interested in is whether the police took any action at all considering that you were questioned by them at the police station and that if the amount is 10 thousand pounds then clearly that is a considerable sum of money?