Suspended from work....

billyjones

I hope someone can help - I have never in my life felt as low as I do now.

I have been suspended from work pending an investigation into my timekeeping - I clock in and out each day and do admit to not working my full-time contracted hours over the last 12 months or so, resulting in a deficit of approximately 200 hours overall. My employer operates a flexi-time scheme.

My reason for this is that my daughter was born last year, and in the final few weeks of my wife's pregnancy, she was suffering with all sorts of problems, and decided that I needed to spend more time with my wife, therefore not working my contracted hours - in hindsight, I know I should have discussed this with my manager.

When my daughter was born, I hoped the situation resolved itself, and I would be able to return to 'normality', but my daughter developed breathing difficulties when she was born, which resulted in us taking her to hospital on Boxing Day morning.

Since then, I continued to work less than my contracted hours to ensure that I can assist my wife with the care of my daughter.

During the past week, I was told that there had been an anonymous allegation that I was abusing the flexi-time scheme, and an investigation was taking place.

Up until 12 months ago, I never had any problems with my timekeeping, it's just in the last 12 months circumstances at home meant that I had to try to handle a full-time job as well as looking after things at home. I would often arrive at work having had only 2 hours sleep during the night due to my daughter being unsettled. During the afternoons I got extremely tired and that is why I decided to clock out 30 minutes early.

I have been warned that if I am found guilty of gross misconduct, this could lead to my dismissal. My lawyer friend does not feel this constitutes 'gross' misconduct, as I haven't committed fraud - I have never tried to hide the fact that I was working less hours than I was contracted to do, and have always clocked in when I arrive and clocked out when I leave - at exactly the times I have arrived and left - it's not as if I have falsified my clock card by getting someone else to clock in and out for me. Yes, I have been paid according to working the full-time hours, but I am fully prepared to pay back the money I have received.

Has anybody any ideas on what may happen? I tried to find a solution to the growing problem over the last 12 months, but just couldn't find a way of doing so.

whitewing

Helpline numbers:
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whitewing

I think you should also get yourself down to the Citizen's Advice Bureau first thing on Monday. There may be other help they can assist you with, and they can also help you with the employment issue.

Take care. It's a scary situation, but not an impossible one.

Liz_the_Whizz

hi billyjones,

Really sorry to hear about your home circumstances and hope that things improve.

Reading your post, I was expecting you to say you had been working less than your contractual hours for a few weeks. But leaving it to develop over 12 months makes it all the more difficult now.

Your only route is to claim mitigation due to your family problems, along the lines of saying you wanted to sort it out properly with your employer but didn't know how to raise it and that the stress clouded your judgement. Offering to pay back the time owed will also help deflect the disciplinary penalty. You need to show you have learnt your lesson and make them feel that they can still trust you.

The best you can hope for is a final warning, I reckon, where if you trip up again, you will be out straight away. But ask about fair flexible working if you still need time for your family commitments.

And I'm afraid that as an HR professional, I do think that taking full-time money and working part-time does constitute gross misconduct. The fact your employer hasn't tackled it sooner is a bit of a mystery but does not justify your actions.

Hope it works out for you.

bank_of_slate

Familiarize yourself with your company's discipline and misconduct procedures!
Are you in a union of any description?
...Linda xx

Zazen999

Why do you have to clock in and out if this isn't managed or the time allocated to you using some recording system?

billyjones

Thanks for the information whitewing.

Thanks for your post liz the whizz - I was surprised when I was told it had been happening for 12 months, but they have my previous clock cards to prove it. Thanks also for the bit regarding family problems.

Can this be classed as 'gross misconduct' - I've read several times on the internet that this relates to theft, fraud, falsifying of documents - I haven't done any of this, I just have poor timekeeping.

Poppy9

Do you work public sector or private.

Why wasn't this picked up before? I work public sector and we clock in/out and have a monthly report to line manager giving our balances etc.

Do you get any reports or does your line manager. Can you claim ignorance of not knowing your time balance?

billyjones

bank_of_slate wrote: »

Familiarize yourself with your company's discipline and misconduct procedures!
Are you in a union of any description?
...Linda xx

Thanks for your reply. I'm not in a union. I have no chance of familiarising myself with the company's procedures, as I have been suspended from work and am not allowed to enter the premises until the disciplinary meeting.

Poppy9

Yes it can be classed as gross misconduct. I know employees sacked for abusing the flexi time system.

bryanb

I know you don't want to hear this but it may be better to resign rather than wait to be fired. Especially if you are aware that the company needs to downsize in these difficult times. You have my sympathy regarding your family circumstances.