Dismissal for Gross Misconduct and Appealling

[ALCW]

Hi All,

Bit of a newbie and after some advice. I had been working for a well-known bookmakers for nearly 6 years with no issues, was Deputy Manager and even had the Area Manager (AM) helping me to train to become Shop Manager. Suddenly out of the blue I get suspended and investigated for staking errors on bets.

At the investigation I get given a schedule of 13 bets over a 4 week period that look like the stake has gone through at lower than how the bet is written out. Basically they have decided I've been defrauding the company for personal gain and the whole investigation and disciplinary were conducted in a way that they had clearly made their mind up from the moment they suspended me.

I have categorically denied theses charges and provided a 3 page statement at the disciplinary meeting, which caused the meeting to be adjourned for 10 days. When it was re-adjourned the (AM) had no interest in my statement just asking why this had happened.

These bets, total a potential loss to the company of £53, although I have explained over £30 of this. Most of the bets were for £2 or £3, with an error of a pound, when I was taking about 1,000 bets a week over 5 days, I said how was I supposed to remember such a small insignificant bet but they expected me to.

Just another couple of points, a new AM started 2 weeks before my suspension, had never worked in the industry before and had a bit of a hard reputation. Also a colleague got suspended at exact time as me for the same thing but in the Disciplinary the AM said "if as you say this sort of thing happens I would have loads of people in front of me in disciplinaries but I've had none". I know that to be a blatant lie.

So I want to appeal but wanted to see if anyone has any advice, sorry it is so long!!!

[teaboy2]

Re: Dismissal for Gross Misconduct and Appealling

In order for it to be fraud, they have to show you did so knowingly and personally benefited financially from it. By the sounds of things, you made innocent errors when entering customers bets. That's no different to giving the wrong change and the till being down at the end of the day. Put in writing to that effect and ask them if, they had benefited financially from your innocent error when entering the customers bets, would they be accusing you of defrauded the company or even disciplining you or would they be patting you on the back for making them extra money as a result of your innocent mistake.

I assume that the bets where customers bets, and not you placing bets for yourself?

Write a letter and Tell them, that you will sue them for unfair dismissal pointing out that you are aware of the new area manager being new to the company, and likely keen to make impressions by cracking down on employees and proving examples of them. However innocent mistake is not a dismissal offense and employment tribunals have a history of not sanctioning such dismissal for innocent mistakes.

Also point out to them that on average you take 1000 bets per week. That's 4,000 bets approximately that you took over the same 4 week period of the 13 alleged erroneously entered bets they presented you with. Thats an error ratio of 1.3% per 1000 bets or 0.325% per 4000 bets - And ask them are they really going to go through with discipline you for such a low error per ration percentage, because if so they going to look pretty damn stupid and employment tribunal! As by disciplining you they are basically saying employees must nut be human and incapable of make innocent mistakes! Therefore the area manager is clearly being over zealous in his approach to dealing with the matter!!

Send any letter to person above the new Area Manager, and mark it as a Formal Letter of Grievance against the new area manager.

Also was the new area manager the same one that was training you? Despite no experience in the industry.

[ALCW]

Re: Dismissal for Gross Misconduct and Appealling

Thanks for the reply. Just to answer your couple of questions, yes they were customer bets not my own, and no the Area Manager who was training me left to be replaced by the new one

I am writing out my appeal today. What would you make of the blatant lie made in the disciplinary meeting?

[teaboy2]

Re: Dismissal for Gross Misconduct and Appealling

Right Before i advise what else to include in your appeal on top of what i have already advised you to include - What was the actual reason given for dismissal?

I you already written your appeal, you will probably have to amend it. So don't send it in just yet.

As for the "Blatant Lie" you can bring that up too, by naming the others that hes also had disciplined for the same reasons. Also in the appeal letter state you have taken advice on employment law, and are making preparations to make a claim to employment tribunal for unfair dismissal, and possible civil claim against the AM for falsely accusing you of defrauding the company for personal gain (a serious allegation that he can not possibly substantiate), which directly resulted in your unfair dismissal!

But the biggest lie there, is him accusing you of defrauding the company for personal gain, implying you committed a criminal act of fraud or thief i.e stole from the company, when you did neither! Such a false accusation is defamatory (as its likely that allegation is what led to your unfair dismissal you could sue the AM for damages and for loss of income).

Now assuming you never had any verbal/written warnings, they have basically from the sounds of things dismissed you for defrauding the company (a serious allegation to make since fraud is a criminal offence) and therefore accused you of committing a crime. When the truth is, all your guilty of is innocent mistake! Which is made day in and day out by all employees throughout the entire company, and where such or similar innocent mistakes happen throughout the UK workforce, on a daily basis!

So yes you have strong clear cut case of unfair dismissal, especially if they state reason for dismissal as defrauding the company!

[ALCW]

Re: Dismissal for Gross Misconduct and Appealling

On my letter confirming dismissal from the company it says:

"I have reasonable belief that you had deliberately changed stakes on 10 bets, and you did this for personal gain, as you are aware this is a breach of the company's policy of our betting procedures. Therefore I have decided to terminate your employment with immediate affect under gross misconduct."

Also in my disciplinary meeting there was also mention of a "breach of trust" but this is not in the letter. They kept making a point of saying they only had to have reasonable belief of something happening, as I raised that they had no proof of any fraud or of me making personal gain.

Thank you for all your help so far, I was at the stage I was going to give up but you have helped change my attitude towards this!!

[teaboy2]

Re: Dismissal for Gross Misconduct and Appealling

On my letter confirming dismissal from the company it says:

"I have reasonable belief that you had deliberately changed stakes on 10 bets, and you did this for personal gain, as you are aware this is a breach of the company's policy of our betting procedures. Therefore I have decided to terminate your employment with immediate affect under gross misconduct."

Also in my disciplinary meeting there was also mention of a "breach of trust" but this is not in the letter. They kept making a point of saying they only had to have reasonable belief of something happening, as I raised that they had no proof of any fraud or of me making personal gain.

Thank you for all your help so far, I was at the stage I was going to give up but you have helped change my attitude towards this!!

Reasonable belief doesn't on its own make the dismissal fair - What determines if the dissmissal was fair or not is whether the employer is deemed by a tribunal to have had sufficient reason for dismissing you.

Your employer does not meet the category for having sufficient reason for dismissing you. Its clear the AM has dismissed you purely as a result of his own opinion and likely used you to set an example to everyone else. Was their an independent investigation prior disciplinary hearing.

Was the investigation and disciplinary carried out by the AM, was it the AM that raised the issue against you in the first place and was the AM involved in the decision making as to what action to take against you as a result of the disciplinary?

What was the alleged breach of trust?