Shock Suspension and Disciplinary Hearing Ahead - Please Help

sgtpepper_2

I have worked as a part time waiter for a large seafood restaurant chain for almost 3 years with no problems.

Over a month ago when I went in to work the newly appointed assistant manager said that some staff member has made an accusation that I have been drinking spirits from behind the bar and that I have two choices. I can either quit and leave, or get suspended and attend a disciplinary hearing where the matter "will be deliberated" by her and the head chef representing the company.

I have never stolen anything, i have however jokingly picked up a bottle whilst stocking up and held it to my mouth as if i was drinking but that was done in a very light hearted innocent way.

The management in this restaurant are very young and naive to employment laws and as i have no union member to accompany me during the hearing i think they will not go along with the correct proceedure and just be determined to dismiss me.

There are also no staff members who are currently employed there that wouldn't side with them apart from one who has filled me in on some of the details such as the management pressurizing staff to sign witness statements against me, but he has told me that all have refused to do so.

They have however attained a witness statement from one of the staff member's girlfriends which i find highly dubious and it contrasts with their claim during when i was given my suspension that it was a staff member who made the allegation.

But worst of all, the employee on the inside has revealed that the management have been letting the staff know that i have already admitted to the allegation, which is crazy!

Also during the 2 month suspension i have not received payment so i wrote to the manager pointing this out but still have not got a reply.

I feel like im going to fight an unbeatable battle, on my own against unscrupolous people with a large backing. I wish i was a member of a union so that somebody would be present with me which would force the management to act professionally but this doesn't seem possible.

I have spoken to both CAD and ACAS with many reps telling me different things and not anything precise or clear for me to do.

Is there anything i can do in my favour?

Should i write a statement in response to the allegation and post it to them prior to hearing?

Is there anyone besides a union official that could accompany me? Like an employment specialist?


Thank you for anyone who replies.

Anihilator

So they have evidence against you for theft.

Resign and save yourself from a dismissal for theft.

mrcow

No way are you fighting a losing battle. They sound like they could be digging a hole.

Deny it from the off. Any meetings will have to be on record, make sure that you object on record to any "evidence" that they present to you and state that it has been contrived. Make sure you state on record too from the off that you are being victimised and that the charges are trumped up and that you are being treated unfairly.

State this clearly in the meeting - they will have to document what you've said and only sign it if the transcript is a true record of what was said. If they are not recording things accurately, make sure that you state this too (and that they document that you've stated that!)

Document everything starting from now. Try and remember dates of everything of you can and who said what and when.

If they have not followed correct procedure with regards to an disciplinary meeting/suspension, then they won't stand a chance on appeal.

If they sack you, then firstly appeal and if no joy, then take them to an employment tribunal.

Some people in management can be real idiots........never underestimate the hole that an idiot will dig for themself. You hold your own and play by the book at each turn.


Do you have legal protection on your home insurance? If so, you may find it useful to speak with a solicitor before your meeting?

sgtpepper_2

Anihilator wrote: »

So they have evidence against you for theft.

Resign and save yourself from a dismissal for theft.

I always thought someones word against another doesn't constitute as evidence, and as I did not commit what I am accused of there never will be any.
Resigning is almost as good as admitting to the allegation.

Also if there was evidence, theft of company stocks is gross misconduct and is an instant dismissal, so i would have been let go without a suspension.

...correct me if im wrong.

hothothot_3

You can have a colleague accompany you to the meeting, this is very important to have a witness so that nothing can be changed or fabricated in the recording of the meeting. (They should make written notes and give you a copy to sign - READ IT FULLY BEFORE SIGNING, dont allow them to rush you).

Alternatively, a union representative can accompany you.

It is uncommon that they allow anybody from the 'outside', ie lawyers, employment specialists to come to these hearings.

You are over 1 year in employment and therefore it makes it much harder for them to dismiss you (they need good reason), and I think what they are aiming for is a charge of gross misconduct (theft), which can allow them instant dismissal, regardless of how long someone works for a company.

If you do attend the interview, I would not admit doing anything (even what you have said here - that you drank from the bottle jokingly).

The reason is that unlike a criminal charge for theft which has to be proven beyond reasonable doubt, in employment law it hinges on the 'balance of probabilities' and this means that it just needs evidence to say you 'probably' did do something. So in this instance, someone says they saw you drink from the bottle, and you said you had pretended to, it makes it easier for them to conclude that you probably did in fact drink it.

sgtpepper_2

mrcow wrote: »

No way are you fighting a losing battle. They sound like they could be digging a hole.

Deny it from the off. Any meetings will have to be on record, make sure that you object on record to any "evidence" that they present to you and state that it has been contrived. Make sure you state on record too from the off that you are being victimised and that the charges are trumped up and that you are being treated unfairly.

State this clearly in the meeting - they will have to document what you've said and only sign it if the transcript is a true record of what was said. If they are not recording things accurately, make sure that you state this too (and that they document that you've stated that!)

Document everything starting from now. Try and remember dates of everything of you can and who said what and when.

If they have not followed correct procedure with regards to an disciplinary meeting/suspension, then they won't stand a chance on appeal.

If they sack you, then firstly appeal and if no joy, then take them to an employment tribunal.

Some people in management can be real idiots........never underestimate the hole that an idiot will dig for themself. You hold your own and play by the book at each turn.


Do you have legal protection on your home insurance? If so, you may find it useful to speak with a solicitor before your meeting?

...Thanks, your reply is helpful especially about stating my intentions and feelings clearly to go on record at the hearing.

I have home contents insurance but not sure about how i would go about doing that with a solicitor. I have relatives that have studied law so I'll approach them for advice too.

Anihilator

sgtpepper wrote: »

I always thought someones word against another doesn't constitute as evidence, and as I did not commit what I am accused of there never will be any.
Resigning is almost as good as admitting to the allegation.

Also if there was evidence, theft of company stocks is gross misconduct and is an instant dismissal, so i would have been let go without a suspension.

...correct me if im wrong.

Word against Word isnt not allowed although its unlikely. They have to prove it on the balance of probabilities. If they have statements from staff saying you did then its not going in your gavour.

Also they have to suspend you and do a proper investigation. Its very rare for companies to just sack on the spot as the law is geared in your favour.

Ultimately if they have staff saying you drunk it you arent going to win and will only end up with a dismissal for theft against you.

Yes you may be able to take them to a tribunial for not following a proper procedure but you wouldnt get a penny as you would have been contributory due to your theft.

sgtpepper_2

hothothot wrote: »

You can have a colleague accompany you to the meeting, this is very important to have a witness so that nothing can be changed or fabricated in the recording of the meeting. (They should make written notes and give you a copy to sign - READ IT FULLY BEFORE SIGNING, dont allow them to rush you).

Alternatively, a union representative can accompany you.

It is uncommon that they allow anybody from the 'outside', ie lawyers, employment specialists to come to these hearings.

You are over 1 year in employment and therefore it makes it much harder for them to dismiss you (they need good reason), and I think what they are aiming for is a charge of gross misconduct (theft), which can allow them instant dismissal, regardless of how long someone works for a company.

If you do attend the interview, I would not admit doing anything (even what you have said here - that you drank from the bottle jokingly).

The reason is that unlike a criminal charge for theft which has to be proven beyond reasonable doubt, in employment law it hinges on the 'balance of probabilities' and this means that it just needs evidence to say you 'probably' did do something. So in this instance, someone says they saw you drink from the bottle, and you said you had pretended to, it makes it easier for them to conclude that you probably did in fact drink it.

I was thinking about whether to tell them about me jokingly imitating a drinking motion with an unopened bottle, which to someone unsupecting could have looked more than it was.....but i'll leave it out entirely then.

Anihilator

I dont actually agree leaving it out.

You need to push them for a proper discliplinary hearing - if you want to risk it - at which you can find out their evidence and decision.

If its one against one then I would tell them about the joke and apologise and basically hope for a warning and to be reinstated - demanding pay for whilst I was suspended.

If they have plenty of people telling different it will sound like an excuse at which point I would resign and tell future employers I just fancied a change avoiding the dismissal.

Yes they may have broken procedure but you wont get anything and will end up screwed career wise if you have a dismissal for theft against you.

sgtpepper_2

Anihilator wrote: »

Word against Word isnt not allowed although its unlikely. They have to prove it on the balance of probabilities. If they have statements from staff saying you did then its not going in your gavour.

Also they have to suspend you and do a proper investigation. Its very rare for companies to just sack on the spot as the law is geared in your favour.

Ultimately if they have staff saying you drunk it you arent going to win and will only end up with a dismissal for theft against you.

Yes you may be able to take them to a tribunial for not following a proper procedure but you wouldnt get a penny as you would have been contributory due to your theft.

I just hope they haven't convinced any staff members to go on record, there shouldn't be any.

I think im at the stage where im prepared to fight and be dismissed, than give in. My morals get the better of me.

Anihilator

sgtpepper wrote: »

I just hope they haven't convinced any staff members to go on record, there shouldn't be any.

I think im at the stage where im prepared to fight and be dismissed, than give in. My morals get the better of me.

Sorry but they dont need to convince staff to go on record. If a staffmember is asked to give a statement of what they witnessed the staff will need to do it. This statement may or may not suit you.

And oh come on Morals? If they have more than one person saying you drunk it you have no chance of winning.