In a pickle - Help Please

[ChrisJones]

Hi

I really don't where to start as I'm involved in quite an in depth disciplinary procedure alleging gross misconduct. So I will start with I had an investigation today which in all honestly went badly. I am being asked to provide evidence which will quite simply impale me. The evidence they are requesting centres around a date in which I bought a service and although I don't have a receipt it is on my credit card. Now at the the moment they have only asked for a receipt but it will not take long to make the connection with the credit card.

It serious enough to be in situation where gross misconduct is being alleged but to have be in a position where it will be argued I have lied is stupid.....I know this and I don't want to be judged. However, I'm just unsure on what I should do next.......can I shut up shop and just say I haven't got any documentary evidence? Or should I just plead to hopefully their good nature and admit to gross misconduct seeking some form of agreement to go quietly. Prior to the incident I had 16 years of unblemished employment history with the company and I actually have a good relationship, or I did have, with the MD prior to this situation.

I know this is vague but I don't want to talk specifics of the case.

Any thoughts would be appreciated.

Kind regards



Chris

[matt3942]

Re: In a pickle - Help Please

Hi [MENTION=68214]ChrisJones[/MENTION]

Welcome to the forum.

I think you will have to provide us with more information before we can give you any sound advice.

What precisely is the allegation against you?

What do you consider an 'agreement to go quietly' would consist of? Are you considering resigning in return for them stopping the disciplinary?

- Matt

[stevemLS]

Re: In a pickle - Help Please

Hi

Echo what matt says.

It is usually possible to post circumstances which are insufficiently specific that the risk of identification is remote.

If that is genuinely impossible or they are so sensitive that this is a real concern, I am sure me or matt or both would have happy to receive details via private message and should be able to post something a little more helpful.

[ChrisJones]

Re: In a pickle - Help Please

Hi Steve and Matt

Thanks for your messages and offer of help. Have to be honest I've hit an all time low this evening and any advise you can give me would be much appreciated.

I just sent you both a PM.

Many thanks

[stevemLS]

Re: In a pickle - Help Please

May I (try) to copy matt what I have said to you?

[Kati]

Re: In a pickle - Help Please

Hi Steve and Matt

Thanks for your messages and offer of help. Have to be honest I've hit an all time low this evening and any advise you can give me would be much appreciated.

I just sent you both a PM.

Many thanks

May I (try) to copy matt what I have said to you?

Steve ... if you can forward me the PM please I'd be happier xx

- - - Updated - - -

All advice here on LB should be as transparant as possible ...

[stevemLS]

Re: In a pickle - Help Please

Sorry, I was told previously that if matters were particularly sensitive, it was ok to PM, sorry if I have broken rules!

[Kati]

Re: In a pickle - Help Please

Sorry, I was told previously that if matters were particularly sensitive, it was ok to PM, sorry if I have broken rules!

Nope no rules broken It's just better if any advice is kept on the thread PMs are OK for extra info tho;

[matt3942]

Re: In a pickle - Help Please

Hi [MENTION=68214]ChrisJones[/MENTION] - I received your PM, thank you.

Under the circumstances you described - based on the information you've provided - it seems likely that you will ultimately be dismissed for gross misconduct.

You could attempt to continue with your version of events but I think in this case the truth will out.

Given that you are prepared to resign - it may be prudent to attempt to agree with your employer that you will resign with immediate effect if the proceedings halt.

Without this agreement your employer may choose to continue the proceedings after you resign. Of course any sanction would not affect you.

I wouldn't mention the investigation/disciplinary in your resignation letter - say you are resigning for personal reasons.

Please let us know the outcome.

- Matt

[stevemLS]

Re: In a pickle - Help Please

I agree in substance, although maybe I'd have encouraged a deal, used to be a compromise agreement.

[matt3942]

Re: In a pickle - Help Please

I considered a Settlement Agreement (formerly a Compromise Agreement) but as far as I can see the OP doesn't have a case to bring a claim, so there's no incentive for the employer to enter into an agreement.

- Matt

[teaboy2]

Re: In a pickle - Help Please

I'd have to agree with @matt3942 - Without knowing the full details and by going from the information in this thread, it seems the OP used a his company credit card to purchase a service for personal use, whether intentional or accidental i don't know, but failed to disclose this to his employer. It would amount to misuse of the company credit card and deemed defrauding the company which is serious gross misconduct. I can not see what leverage (again without knowing full details) the OP would have to give the employer any incentive to join him at the negotiating table to discuss terms on a settlement agreement!

[matt3942]

Re: In a pickle - Help Please

Hi [MENTION=19071]teaboy2[/MENTION] - my initial interpretation was the same as yours but I was wrong - the OP kindly sent me further details via PM. Needless to say the most likely outcome - if the investigation/disciplinary proceeds - is the OP will be dismissed for gross misconduct. As you said, there is nothing to encourage the employer to enter into a Settlement Agreement.

- Matt

[teaboy2]

Re: In a pickle - Help Please

Hi @teaboy2 - my initial interpretation was the same as yours but I was wrong - the OP kindly sent me further details via PM. Needless to say the most likely outcome - if the investigation/disciplinary proceeds - is the OP will be dismissed for gross misconduct. As you said, there is nothing to encourage the employer to enter into a Settlement Agreement.

- Matt

HI [MENTION=67649]matt3942[/MENTION] - I assume you mean the card transaction on company card interpretation?

But granted in any case of gross misconduct its doubtful an employee will have any leverage on the employer. Unless of course the employee had something on the employer that the employer didn't what letting out or being known about, which is doubtful.

[matt3942]

Re: In a pickle - Help Please

Hi [MENTION=19071]teaboy2[/MENTION] - sorry yes, that's what I meant.

- Matt