Dismissed after suspension and investigation..

foofairy

Hello All,

I am after some information regarding what my husband can do next... please see my other post for full details of the situation as it is rather long I dont want to post it again..

Anyway short of it is..

Money was missing from canteen safe, husband was last to access the safe and didn't use procedures due to time constraints etc. He was called into meeting when he attended work the next day (thursday) and was suspended pending investigation. Then called back to work the following day for an interview (friday). Was asked to go to work on the following wednesday and was told of disiplinary to take place the following Friday he attened and was dismissed. Now offical procedures are never used on his shift due to staffing levels and time constraints.

He has been told that he has the right to appeal which he intends to do.

He is wondering if the fact that he has never received any formal training in the procedures and has signed nothing in relation to this, does this mean anything in relation to unfair dismissal ?

Any help is greatly appreciated..

flossy_splodge

foofairy wrote: »

Hello All,

I am after some information regarding what my husband can do next... please see my other post for full details of the situation as it is rather long I dont want to post it again..

Anyway short of it is..

Money was missing from canteen safe, husband was last to access the safe and didn't use procedures due to time constraints etc. He was called into meeting when he attended work the next day (thursday) and was suspended pending investigation. Then called back to work the following day for an interview (friday). Was asked to go to work on the following wednesday and was told of disiplinary to take place the following Friday he attened and was dismissed. Now offical procedures are never used on his shift due to staffing levels and time constraints.

He has been told that he has the right to appeal which he intends to do.

He is wondering if the fact that he has never received any formal training in the procedures and has signed nothing in relation to this, does this mean anything in relation to unfair dismissal ?

Any help is greatly appreciated..

Can you put in a link to your 'other post' so we can read the whole story before commenting?

ladylumps45

http://forums.moneysavingexpert.com/showthread.html?p=21888535&highlight=#post21888535

foofairy

as a new user I am not allowed to post links... not sure how to get around this..

.....thanks to ladylumps45 for posting the link

LinasPilibaitisisbatman

An appeal won't be successful.

Whether your husband took the cash or not his gross neglience and disregard for procedures was a contributing factor to the theft/loss of the money and thus the company are entirely justified to dismiss

Best hope is finding a procedural mishap in the discliplinary process

foofairy

LinasPilibaitisisbatman wrote: »

An appeal won't be successful.

Whether your husband took the cash or not his gross neglience and disregard for procedures was a contributing factor to the theft/loss of the money and thus the company are entirely justified to dismiss

Best hope is finding a procedural mishap in the discliplinary process

He didn't take the money, let me just make that clear.

I have already informed him that his actons resulted in the theft, but he just seems to have it stuck in his head that because he had no training in the procedure and becuase it was always done this way on his shift that he should not have been fired.

He has not received any disiplinary guidleines or procedure from the company, he received written communication on the wednesday after the suspension outlining the investigation etc and that he was to attend for meeting on the Friday for his disiplinary.

I just cant make him understand as his union rep has told him to appeal this is what he intends to do and wont let it drop.

dmg24

How long had he been performing the task? Had he brought his lack of training to the attention to someone more senior previously?

LinasPilibaitisisbatman

foofairy wrote: »

He didn't take the money, let me just make that clear.

I have already informed him that his actons resulted in the theft, but he just seems to have it stuck in his head that because he had no training in the procedure and becuase it was always done this way on his shift that he should not have been fired.

He has not received any disiplinary guidleines or procedure from the company, he received written communication on the wednesday after the suspension outlining the investigation etc and that he was to attend for meeting on the Friday for his disiplinary.

I just cant make him understand as his union rep has told him to appeal this is what he intends to do and wont let it drop.

What was he trained to do and what was the policy/procedure?

If he was trained to do it properly and the written procedures backed this up turning around and saying he just ignored it for ages isnt going to be a defence.

foofairy

My husband is a chef in a staff canteen, he is not the most senior and even the senior chef on shift did the banking procedure in the same way.

He has never seen the "offical procedure" written down andn he has been doing it this way since he started in the position 4 years ago.

Its not a fact of him "ignoring" the procedure it was done the way he did it due to staffing levels and time constraints...

In the middle of service he is unable to do the procedure as it should be done due to neededing change for the till or something..the staff aren't going to be to happy being kept waiting while he did it esp on the night in question as there was too much in the safe.

dmg24

Although the employer has an obligation to ensure that employees are fully trained to fulfil the role, the employee also has an obligation to make the employee aware if they are not trained, or if there is anything hindering them from fulfilling a responsibility. This is where your husband's appeal is likely to fall down, after such a length of time he really has no excuse for not having been proactive in seeking the relevant training.

SomeBozo

I don't think he has any grounds whatsover to claim "unfair" dismissal.

He should have been shouting about lack of training, not leave for it for 4 years and wait for an incident! What he needs is a paper trail saying :

1) He asked for training at his 1 to 1
2) He raised it x times with management
3) Everytime he did heit filled an incident form in to say he wasn't sure what to do.

None of that happened right? He has a obligation to speak up about lack of training, not wait 4 years and then claim its "unfair".

I would even go so far as to say any appeal would be frivolous.

You keep saying

was done the way he did it due to staffing levels and time constraints...

I don't think that was his call. if there was poor "staffing level and not enough time" he needs to have raised this.

Sorry.

Bozo