Allegation of misconduct- what action could they take?

[MsPan]

I have received an allegation of misconduct from my firm for parking without permission in the car park and without paying the fee.

I did have permission from the bay holder however I now found out the bay holder had left the company last year so assume has stopped paying for the bay.

It it is normal employee behaviour for employees to park in the car park without permission as HR send out emails to all employees asking for certain cars to be moved as the bay holder wishes to park. I therefore didn't think I had done anything wrong parking there.

Also I had asked for the bay to be put in my name the day before I received notification from my manager that an allegation of misconduct had been made.

what have I done wrong and what action can be taken? I am now waiting for the meeting with HR.

[charitynjw]

Re: Allegation of misconduct- what action could they take?

I did have permission from the bay holder however I now found out the bay holder had left the company last year so assume has stopped paying for the bay.

Also I had asked for the bay to be put in my name the day before I received notification from my manager that an allegation of misconduct had been made.

Hi MsPan & welcome to LB

I must admit that I can't quite get my head around these 2 statements.
The first one implies that you know the person with bay permission fairly well, but not well enough to realise he/she has left the firm?
But the second one contradicts; why else would you ask for the bay to be put in your name?

:confused2:

[MsPan]

Re: Allegation of misconduct- what action could they take?

Hello and thank you for your response.

I was contacted following an audit of bay owners to cars and was asked if I owned the car as it didn't match their records. It was this that prompted me to ask for the bay to be put in my name.

[mariefab]

Re: Allegation of misconduct- what action could they take?

It it is normal employee behaviour for employees to park in the car park without permission as HR send out emails to all employees asking for certain cars to be moved as the bay holder wishes to park.

*When the guilty parker moves their car, do they usually receive an allegation of misconduct?*
Do these emails contain a warning not to park in the fee-paid bays?

Did you only discover that the bay owner had left when you were contacted after the audit?
Or, did you just discover that the period that the bay owner had paid for had expired at that time?

If the answer to * is No; I'd bring this up and ask why you are being singled out.
If they say something like they're sick of the parking bay problem and they've decided to crack down on it; I'd ask if, before sending the misconduct allegation, they'd considered issuing a companywide email repeating the parking policy and alerting all employees that failing to comply with it from that date would lead to disciplinary action as an alternative to making an example of whoever happened to be the next employee to breach it.

[MsPan]

Re: Allegation of misconduct- what action could they take?

Hello Mariefab,

Thank you for your response it's really helpful. I am not aware of any guilty party once having moved their car then receiving an allegation of misconduct. There weren't any warnings in the email HR sent out asking for the car to be moved.

HR advised in their communication to me that they did send an email round (whilst I was on annual leave) saying you need permission from the bay holder or HR as the parking is reserved for fee paying staff. I did have permission but now i know the fee-payer has left.

I discovered the fee payer had left after I was contacted about the audit. I now think that it wasn't really an audit. I believe an employee who has a bay in the car park (and doesn't like me) complained about me parking there hence why I was asked if I owned the car.

[mariefab]

Re: Allegation of misconduct- what action could they take?

When you go to the meeting with HR take, and hand over at the start a copy of, a statement saying something like this...
_____________

I was contacted on (date) following an audit of bay owners to cars and was asked if I owned the car as it didn't match the records.
I confirmed that I owned the car and said that I had the bay holder's permission to park there.
After this I discovered that the bay holder had left the Company.
I then asked for the bay to be put in my name.
The following day I received notification from my manager that an allegation of misconduct had been made.

Occasionally an email is circulated asking that the person who has parked in a bay holder's spot moves their car as the bay holder wishes to park.
***
I haven't subsequently heard that after each of these incidents the guilty parker was subjected to misconduct proceedings.
Can you confirm whether, or not, misconduct proceedings have followed each of these incidents?

I have been informed that, while I was on annual leave, a reminder email was circulated pointing out that employees needed permission from the bay holder or HR to park in the reserved area.
As you are aware, I did have permission from the bay holder; although I didn't know that the bay holder had left.

Given all the above, I don't understand why I have received an allegation of misconduct.
Could you please explain?
_____________

Where *** appears you could put whichever of these sentences is most appropriate.

- These emails do not contain a warning stating that parking in a bay holder's spot is considered misconduct.
- I don't recall reading that parking in a bay holder's spot is considered misconduct in any of these emails.

P.S. How are the fees paid? Are they deducted from wages or paid once a year?

[MsPan]

Re: Allegation of misconduct- what action could they take?

I am not sure how fees are paid. I suspect it is deducted from wages and would be a benefit in kind as I was told (not 100% sure) that the firm subsidies the fee as they let the building and some of the car parking from their landlord.

[Openlaw15]

Re: Allegation of misconduct- what action could they take?

I have received an allegation of misconduct from my firm for parking without permission in the car park and without paying the fee.

I did have permission from the bay holder however I now found out the bay holder had left the company last year so assume has stopped paying for the bay.

It it is normal employee behaviour for employees to park in the car park without permission as HR send out emails to all employees asking for certain cars to be moved as the bay holder wishes to park. I therefore didn't think I had done anything wrong parking there.

Also I had asked for the bay to be put in my name the day before I received notification from my manager that an allegation of misconduct had been made.

what have I done wrong and what action can be taken? I am now waiting for the meeting with HR.

It is very difficult for them to bring misconduct against you as that would be discrimination to an extent. 1) you had consent to park in the bay from its bay holder albeit they left the company. In the alternative say you did not know the relevant person left the company until recently so i only had actual knowledge from that date. 2) There is an implied right to park in the bays unless told not to do so via emails. Then you could say, if it were the case that I would be subject to misconduct proceeding for parking in the bays even though I had express permission albeit unknowingly the bay holder left the company without my knowledge, that would be unreasonable conduct by the employer. In the second instance, it would be equally unreasonable conduct by the employer for self to be subject to misconduct where there was at the time an existing informal agreement to park (ie implied or constructive company's consent) unless I received an email with the wording 'that cars with 'x' description or 'y' registration number plate, can not park there on these dates, as the bay holders will need to occupy them.' For reasons of clarity if the latter circumstances changed without self being made aware expressly, I alternatively should have been put on notice that the informal arrangement has come to an end in writing for equal purposes of clarity and transparency. In its absence either in part or full it would simply be grossly unfair if i were to suffer the consequence of misconduct where I was just was essentially taking advantage of a parking benefit either with express or implied consent.

[MsPan]

Re: Allegation of misconduct- what action could they take?

Hello Openlaw15,

Thank you for your reply that is really helpful.