30 years service and forced to resign

N9eav

Here is a tale to make you mad and I want to help advise my neighbour what to do next.

He has been a mechanic all his life, left school did an apprenticeship and worked for the same local garage for 30 years.....until yesterday. Over the years the business was taken over by the original owners' son in law and it would be fair to say he does not like some of the older mechanics....

My neighbour has bent over backwards to help the company for 30 years, but on Wed last week he borrowed a tool from another employees tool box (a common practice I understand) The tool box was a friend of his, but he was not working that day. He was going to take the tool home to work on his own car. Unknown to him an employee reported the matter to the boss who searched his car and suspended him on suspicion of theft.

There was a hearing on Monday in which the person he borrowed the tool from had made a statement saying that it was not theft and that P can borrow his tools whenever without permission.

I am not sure if P was informed about that statement or not, but was told by the boss that he could resign or he would be sacked and would then have to tell any new employer that he was sacked for thieving!

P is a down to earth sort of chap who would worry about things and would not always think to fight an allegation. He told me he was so worried that he would be arrested and go to prison that he said he would resign. The boss got the secretary to type the letter and he signed it there an then.

I could not believe it. I am a copper so I know from the circs there was no theft. I also know that they took advantage of his vulnerable state and used it to make him leave. I wish I was there as if they had sacked him then they would be in a very difficult situation.

Can he still take them to a tribunal for unfair dismissal? Seems grossly unfair practices and above all, what sort of treatment is that for all that loyalty.

Please remember when replying. P is not a thief. I have known P for 12 years and there is not a bad thing about him and he will come to help you in a second.

borders_dude

Perhaps signing a letter of resignation was the wrong thing to do, that would go against him if he was the pursue the matter surely, After all he did it willingly without a loaded gun to his head?

ceridwen

Oh - poor guy. That does sound unfair.

The thing is too that the DWP might well deem him to have resigned and thus disqualify him from benefit for up to 6 months. They can impose that if they think he really did resign of himself. So he needs to see if there is anything he can do to get his job back - or at least make it very very plain that he was FORCED to resign in order not to come up against that as well.

Good luck.

jamespir

i think theres something untoward here going on because if P freind had said he gave his permisson they should have dropped it
so he should speak to dla about a tribunal

cause i smell something fishy

Kimitatsu

He needs to get legal advice - if you check on the legal aid website then it gives you the numbers of solicitors who give legal aid and what they specialise in. He should get at least a freehalf hour which will let him know where he stands.

Does he have a contract from his old employer or has he signed a new contract? Whilst it may have been common practice to borrow the tools and take them home, there may be something in his contract which says with permission only etc.

Without knowing what he has signed etc its difficult to comment, he may have a case for unfair dismissal, or it may be that by resigning they have done him a favour by not sacking him for gross misconduct.

From the scenario you have given up there, they may well be are operating (just) within the letter if not the spirit of law but a solicitor may well argue otherwise!

One of the regulars on here is an employment solicitor (name escapes me temporarily) but wait around and I am sure they will be along

timmmers

borders_dude wrote: »

Perhaps signing a letter of resignation was the wrong thing to do, that would go against him if he was the pursue the matter surely, After all he did it willingly without a loaded gun to his head?

Being accused of a theft you didn't do, your name blackened and all future work made really hard to find ...that's not a loaded gun??

They scared and confused a vulnerable honest man into leaving.

This is disgusting and plainly wrong. They KNEW this wasn't stolen from anyone, from the horse's mouth. As a policeman I'm dead sure that if someone was seen taking my telly from my home and reported to the cops...and I arrive to say I don't mind...it's NOT theft. I would have to make that decision as it was mine.

Definitely a big case constructive dismissal, age discrimination maybe...and god only knows what as far as the blackening of his name.

After 30 years this guy deserves more.

The only good thing is that his mate supported his story.

t

timmmers

Kimitatsu wrote: »

Does he have a contract from his old employer or has he signed a new contract? Whilst it may have been common practice to borrow the tools and take them home, there may be something in his contract which says with permission only etc.

No employment contract can tell me who to loan my tools to and/or who not to.
They can ask if he had permission, ask the owner...game over.
They weren't the company tools. they were privately owned, lent with full permission.
If he takes his own gear home, or someone elses gear home...none of their business at all as long as the parties owning said gear doesn't mind.

Lucky he didn't go to the chippy for his mate's lunch...that would be stealing cash according to these warped idiots...leaving the premises with a colleagues money (with consent doesn't matter apparently).

t

N9eav

timmmers wrote: »

The only good thing is that his mate supported his story.

t

It is likely this mate will be resigning too. He was disgusted by what happened. This may be useful if a case is pursued against the garage

zzzLazyDaisy

Your friend needs write to his former employer without delay. The letter should explain that his resignation was a heat of the moment decision, in response to the employer's advice to him that unless he resigned he would be dismissed. Having considered the matter carefully, he feels that if the employer had given him a fair chance to explain things, and investigated further, they would have realised that he was not guilty of theft, but that he had the other employee's prior permission to borrow tools from time to time, and had done so on that occasion. So in the circumstances he wishes to withdraw his resignation and proceed with the disciplinary hearing.

If the employer refuses to allow him to withdraw his resignation, then he should make a claim to a tribunal claiming unfair dismissal. In certain circumstances a 'resignation' will be viewed by a tribunal as an actual dismissal by the employer. The 'resign or be sacked' scenario is one of those situations. Although it will be up to him to persuade the tribunal that is what happened, the fact that he resigned during a disciplinary hearing, and provided his workmate is willing to give evidence at a tribunal, should help his case considerably.

Your friend should speak to ACAS (local number in the phone book, or find it on-line). They give free impartial advice on employment law issues, and will be able to help him to write the letter and tell him what to do next.

olias

I agree with the others. This is a clear case of constructive dismissal and unfair dismissal. He needs to get advice quick through ACAS and CAB. Get him to check his home contents insurance to see if it includes legal cover for employment disputes (lots do these days). I will bet you that the employer has failed to follow the correct procedure leading to this meeting, and even if they did, their conduct was such as to support a case for constructive/unfair dismissal.

The most important thing is to make sure that he makes a written record of EVERYTHING that has happened whilst it is still fresh in his mind. Times/dates/what was said by whom/witnesses/anything in writing etc etc. He also needs to confirm that his mate (and any other employees) would be prepared to be a witness at a tribunal for him.

If the facts are as you have described, I believe that he is almost certain to win at a tribunal.

He needs to be aware, however, that a tribunal can be a long drawn out and stressful affair (think of it like a court case), and he needs to be a strong and wilful enough character to see it through.

Good luck to him

Olias

Bobl

Constructive dismissal definitely. As above, write to the owner stating he is withdrawing the resignation, and if this is not accepted he will be claiming constructive dismissal. He has a very strong case.

Also get in touch with ACAS.

Good Luck, at least he has you helping him.