suspended from work

[millymay]

Iv'e recently been suspended and am under investigation for purposefully defrauding my mileage claim. I have seen the evidence and am not disputing there are significant discrepancies however it has not been done purposefully. You can tell due to the regular occurrence and amount. I will be paying every penny back. But what id like to no is there any thing that can help me as its very likely they will sack me for purposefully fraudulent claim but it is a genuine error of human mistake. What i didn't understand when i asked why has this not been brought to my attention earlier when it was checked. There answer was its all done on trust. But in there rules and guidance book it says that the mileage claims are subject to regular checks by call centre and internal audits . Please can some one help ive been working there for 11 years .. And i am worried if i get sacked i won't be able to get a reference for another job.

[millymay]

Re: suspended from work

I did tell my officer about 4 or 5 weeks previous to this that i was having problems with my numbers writing then the wrong way round and asking if she thought i was dyslexic and she just laughed saying don't be silly.. I have also been very stressed at work over another officer calling me in the office all the time for silly things that she said i had done, but had not i do suffer from panic attacks and over the last 2 weeks ive been worse and cant sleep so the doctor has giving me sleeping pills im waiting now for a date for my disciplinary hearing . I have already had 1 meeting were bye the head of human resources had told me he do'snt believe me. i just think ive given 11 years to the council and have never had problems .. i just dont no what to do now ....

[FlamingParrot]

Re: suspended from work

I did tell my officer about 4 or 5 weeks previous to this that i was having problems with my numbers writing then the wrong way round and asking if she thought i was dyslexic and she just laughed saying don't be silly..

Have you got any proof of previous occasions when you suffered from this condition?

I have also been very stressed at work over another officer calling me in the office all the time for silly things that she said i had done, but had not i do suffer from panic attacks and over the last 2 weeks ive been worse and cant sleep so the doctor has giving me sleeping pills im waiting now for a date for my disciplinary hearing . I have already had 1 meeting were bye the head of human resources had told me he do'snt believe me. i just think ive given 11 years to the council and have never had problems .. i just dont no what to do now ....

If you are stressed and under the care of your doctor, you should get a sick note (I believe they are not called that but you know what I mean, I've not had one in 10 years). I once managed to get my disciplinary postponed by nearly 2 months for stress, I'd scan the notes and email them, then send the originals in the post. That gave me more time to get everything together. So even when a date was set, I would just send the doctor's notes and they postponed it. :thumb:

You may want to speak to your doctor to see if there is the possibility that your nervous condition was responsible for the mistakes you made with the figures.

[bluebottle]

Re: suspended from work

Your employers need to tread very carefully and not throw around comments like "fraudulent" unless they have very strong evidence and can back it up with cold, hard facts. They also have to be able to show deliberate or reckless intention to defraud.

Where alleged dishonesty is concerned, reasonable belief, the standard employers appear to believe is sufficient to level allegations against an employee, is not enough and I have seen such allegations turn round and bite an employer hard on the bum. Loss of reputation as an employer can be very damaging. The damages for making such allegations and getting it wrong can be substantial. Get your trade union on board, asap, if you are a union member.

[teaboy2]

Re: suspended from work

If you suspect you may suffer for dyslexia, then you also need to mention this to your doctor. Writing numbers or letters int he wrong order is a sign you may be dyslexic (like myself) but its also a sign you may have heightened stress levels.

[bluebottle]

Re: suspended from work

The links below are for Dyslexia Action and the British Dyslexia Association. At least one of them has a section for employers. Dyslexia is recognised under the Equality Act 2010 which means that employers are required to make reasonable adjustments for employees affected by dyslexia. Hope this helps.

http://www.dyslexiaaction.org.uk/services-and-support
http://www.bdadyslexia.org.uk/

[millymay]

Re: suspended from work

I did go and have a diagnostic assessment done, Her summary said on this occasion there is evidence to substantiate a profile of complex learning difficulties.. Dyscalculic Tendencies ... Dyslexia .... visual tracking where the words appear to move on the page. and in my disciplinary procedure they said they have read the report and it is saying that im thick and my union rep said well that didn't do me any favors so wouldn't except the report .. I hold my hands up to the mistakes and it gos with out saying i will pay back any ,monies owed .. but it did not do this fraudulently a lot of my work is based on trust as i work with vonerable people in there own homes but the mileage should be checked as it states in there rules and guidance but there saying that its not checked as its based on trust ... i just dont get it ... thank you very much for your support .. and replying .. Millymay .

[millymay]

Re: suspended from work

Thank you very much for your reply.. I have got a trade union on board, but she dos not seem to no a lot, I have pointed things out to her.... and she agrees with the panel about the report saying its done me no favors .. thank you once again .. I feel im living a nightmare ..

[millymay]

Re: suspended from work

thank you this was very helpful ...

[teaboy2]

Re: suspended from work

The report needs to be shown to the employer, regardless of what the union rep said. The report is prove you have a form of dyslexia and will provide legitimate answers as to why you mistakenly put the wrong numbers down on expenses claims. It also tells the employer that they can not discipline you for it, as doing so would be a breach of the equality act 2010 in regards to protected characteristics and that they now instead have a duty to make reasonable adjustments so such mistakes will not happen again. Even if it means having someone double check your figures with you before you submit your claim.

You need to give the employer a copy of the report with a letter accompanying it stating this is the reason for your mistake in your expense claims, giving details as to how you struggling filling in the report and maybe even explain your embarrassed about your condition hence why you did not inform anyone previously, example of which is your union reps statement "That it made you look thick" which itself is a derogatory statement, which is worthy of a complaint to the Union. You also need to point out in the letter, that your condition is a protected characteristic under the equality act 2010, and if the disciplinary action against is not ceased, the employer would be in breach of the equality act 2010. Also point out that any dismissal as a result, should the disciplinary action not cease, would be automatic unfair dismissal and breach of contract. Also finally point out, that as you have now disclosed your condition with professional confirmation "Report", then the employer has a legal duty to make reasonable adjustments to not only help you manage your condition at work, but to prevent such errors when dealing making expenses claims submissions in future.

EDIT

I may have misread what you wrote, sorry.

If it was the employer that said it made you look thick, well send the above letter with a copy of the report and outline that comments saying "it makes you look thick" amount to bullying and are derogatory and put the employer in breach of the equality act and is no different to making racist or sexist comments. Remind them you reserve the right to take legal action, should they not apologies and comply with the law by recognising that you have a medical condition that is a protected characteristic under the equality act 2010

Also do you have what they said about it making "you look thick" in writing?

Also in your first post, where you said "Officer" what do you mean exactly by officer? Do you work in/for a police force or similar?

Regarding your panic attack, there is a forum called "No More Panic", that is run by private individuals where you can seek help, advice and friendly support from other members that suffer from same or similar issues as you are. They a lovely friendly bunch and always willing to help. Though obviously they wouldn't be able to help with the legal side of your employment matter, so best stick with us regarding your employment issue.

[bluebottle]

Re: suspended from work

I did go and have a diagnostic assessment done, Her summary said on this occasion there is evidence to substantiate a profile of complex learning difficulties.. Dyscalculic Tendencies ... Dyslexia .... visual tracking where the words appear to move on the page. and in my disciplinary procedure they said they have read the report and it is saying that im thick and my union rep said well that didn't do me any favors so wouldn't except the report .. I hold my hands up to the mistakes and it gos with out saying i will pay back any ,monies owed .. but it did not do this fraudulently a lot of my work is based on trust as i work with vonerable people in there own homes but the mileage should be checked as it states in there rules and guidance but there saying that its not checked as its based on trust ... i just dont get it ... thank you very much for your support .. and replying .. Millymay .

There is a section on what I have highlighted in bold type on the British Dyslexia Association's website. It would certainly explain things. Left-handed people tend to be affected by dyslexia and, to a lesser extent, dyscalculia.

The comment about "looking thick" is totally, totally wrong and unwarranted. Dyslexics are, in fact, very intelligent people. Below is a link to a list of well-known people with dyslexia. Note what they are or have contributed to mankind -

http://www.bdadyslexia.org.uk/about-...dyslexics.html

As you will see, you are in good company and don't ever let people label you as "thick". You certainly cannot label those in the link as "thick". They are all very successful in their respective fields. And if anyone does call you "thick", I'll send Kitty round with his AK-47 to sort them out!

[millymay]

Re: suspended from work

I am a bit worried about posting where i work because ive been told i can not talk to a solicitor or get any legal advice while all this is going on i can only talk to my union rep or my the manager.. I don't work for the police but i do work for the local council. I visit the elderly in the own home i have a officer., and a fist line manager then the manager who took the first disciplinary procedure step 2 initial meeting along with the head of hr..its now gone to a stage 3 while they investigate.. they are going back 2 more years on my mileage claims. i have just received a letter from them. it says they expressed serious concern that my assessment ( dyslexia ) and her recommendations that i would benefit from support in learning difficulties did not reflect the councils experience of my performance and it says i never told them that i was concerned i might be dyslexic. But i did tell my officer about 4 or 5 weeks previous to this all going on that i was getting all my numbers the wrong way round and i asked her if she thought it could be dyslexia and she just laughed and said dont be silly ..they have informed me that they were seriously concerned by responses and that they did not consider these to be credible . on the face of it they said there was clear evidence that i had stolen from the council through travel expenses fraud .. i am so scared ive even offered a lie detector test but my union rep said they wouldn't except it .. i really have made a mistake but i didnt make it on purpose ...

[teaboy2]

Re: suspended from work

I am a bit worried about posting where i work because ive been told i can not talk to a solicitor or get any legal advice while all this is going on i can only talk to my union rep or my the manager.. I don't work for the police but i do work for the local council. I visit the elderly in the own home i have a officer., and a fist line manager then the manager who took the first disciplinary procedure step 2 initial meeting along with the head of hr..its now gone to a stage 3 while they investigate.. they are going back 2 more years on my mileage claims. i have just received a letter from them. it says they expressed serious concern that my assessment ( dyslexia ) and her recommendations that i would benefit from support in learning difficulties did not reflect the councils experience of my performance and it says i never told them that i was concerned i might be dyslexic. But i did tell my officer about 4 or 5 weeks previous to this all going on that i was getting all my numbers the wrong way round and i asked her if she thought it could be dyslexia and she just laughed and said dont be silly ..they have informed me that they were seriously concerned by responses and that they did not consider these to be credible . on the face of it they said there was clear evidence that i had stolen from the council through travel expenses fraud .. i am so scared ive even offered a lie detector test but my union rep said they wouldn't except it .. i really have made a mistake but i didnt make it on purpose ...

They told you your not to seek legal advise? That's a breach of your basic rights - Everyone is entitled to seek legal advice about anything at any time whether your in a trade union or not.

Send the letter i suggested, and then let us know their response. If they dismiss you, we can then seek tribunal action against them.

May i ask, when did you get assessed to see if you were dyslexic?

[bluebottle]

Re: suspended from work

I am a bit worried about posting where i work because ive been told i can not talk to a solicitor or get any legal advice while all this is going on i can only talk to my union rep or my the manager.. I don't work for the police but i do work for the local council. I visit the elderly in the own home i have a officer., and a fist line manager then the manager who took the first disciplinary procedure step 2 initial meeting along with the head of hr..its now gone to a stage 3 while they investigate.. they are going back 2 more years on my mileage claims. i have just received a letter from them. it says they expressed serious concern that my assessment ( dyslexia ) and her recommendations that i would benefit from support in learning difficulties did not reflect the councils experience of my performance and it says i never told them that i was concerned i might be dyslexic. But i did tell my officer about 4 or 5 weeks previous to this all going on that i was getting all my numbers the wrong way round and i asked her if she thought it could be dyslexia and she just laughed and said dont be silly ..they have informed me that they were seriously concerned by responses and that they did not consider these to be credible . on the face of it they said there was clear evidence that i had stolen from the council through travel expenses fraud .. i am so scared ive even offered a lie detector test but my union rep said they wouldn't except it .. i really have made a mistake but i didnt make it on purpose ...

First and foremost, who told you the bit I have highlighted in bold black type? You are entitled to seek whatever advice you deem to be appropriate in the circumstances.

Secondly, what evidence do they have to substantiate their allegations? If it is as clear as they claim it is, bring it on. If not, they should drop it. The fact you have been assessed and been found to have dyslexia and dyscalculia raises reasonable doubt. If they tried to push this to the police and CPS, I have a sneaking suspicion the allegations would come swiftly back with a note saying, "Stop wasting our time and taxpayers' money."

Thirdly, from what you have said about your employer's reaction on learning of your dyslexia and dyscalculia, it appears they have realised they could be asked awkward questions or get used as a floorcloth by legal professionals, which may explain their "don't speak to any solicitors" instruction.

If you want my honest opinion, your employer is digging a hole for themselves and the saying, "When you're in a hole, stop digging" comes to mind. If I were advising them. my advice would be to stop digging.

[millymay]

Re: suspended from work

hi i really am very grateful for all your advice its really stopping me from falling apart firstly my manager has said i couldn't take in to the meetings any one that's a working solicitor . I told my union rep that i was going to get legal advice, she said if i get legal advice then the union could not represent me, when i asked why she said in the past the union has them selfs in trouble for not giving right advice. my husband said he would come to the meetings with me but im worried he would say the wrong thing and ive paid in to this union for years .. i cant talk to my work colleges either thats ok but i have 2 colleges who live in the same street as me.. i feel under house arrest sometimes scared i will see them and they ask why im off .. and yes they do have a list of my mileage for 12 months but they have gone on google maps and we dont always go the same way as google maps .. so my miles claimed for week 1 was 72 but they have it as 27 week 2 miles claimed 108 they have it as 59.4 and so on every week ive claimed is higher than they say miles done i no ive made a mistake and would pay the money back no question but on 3 occasions i havent put in any claim they mount up to 130 miles it dos look really bad ..