quit or dismissed and last pay advice

razor1979

i currently work for local goverment, and have been suspended on full pay since 19th Feb, i was accused of removing a toner cartridge which yes i hold my hands up to this and it was my every intention of replacing it, this mater has been sent to the police but as of yet i have not heard a word from them and according to a solictior i may never not as they got the toner back and was only worth about £65. yes i no this was wrong and i will hold my hands up to this

right thats the back ground now for the advice i need. i have been told by my union rep that i have to face a displinary meeting on the 25th march where it is most likely that i will be dismissed for gross misconduct or i can hand my notice in back dating it so i will finish on the end of March but either way that due to the fact i have a car loan with my employer which still has around £3500 outstanding that my employer has said to my union rep that they will be with holding my wages for march which would be due to be in around £1800.00 plus 2 days holiday i am owed which i would be due to be paid on the 29th March

i have ask for a copy of the contract i signed when i took the loan out but they have still not produced it but they say it states that in the event of my employment coming to an end i should pay the remander in full, from this i read that i should be paid on the 29th then they should write to me requesting the full balance back which i could then maybe negoate a way to settle this

i was also under the impression that if they havent informed me that they are taking my wages how can they do this, is this not stealing??

as it stands i am due to pay my rent on the 29th March and if i dont get paid i will then be unable to do this also how do i provide food for my wife and 3 kids in the event i am not getting any money

is there any benefits i can apply for and if so what is better hand my notice in or be dismissed for gross misconduct

my union rep is no good to be honest this has been going on now for over a month and i have had 3 phone calls from her and 1 meeting to which all she says is it up to me what i want to do and she is not giving me any advice


any help on this would be much appericated and yes i know i did a stupid thing and i only have myself to blame but this is not going to put food on the table but i honestly was going to return the item once i had a new one delivered to my home address


many thanks in advance

M

Horace

Firstly if your rep isnt any good then speak to the branch or the union HQ directly and ask for another rep - its what you pay your subs for.

I think that you should attend the disciplinary hearing because you don't know what they are going to say - they may give you a final written warning, you don't know what they will do and your union rep cannot presume that they will dismiss you...You need to state why you took the toner cartridge in the first place and eat humble pie and apologise and say you won't do it again.

Write to your employer and ask for a copy of your contract with regard to the car loan (send it recorded delivery so that it is signed for), I have no experience of car loans but they may make you pay it all or they may ask for the car.

I think you need to wait until the disciplinary hearing and then see what you can do after that time - it may be presumptuous to hand in your notice before then as you do not know what the outcome of the hearing will be.

With Jobseekers Allowance there is usually a 26 week wait before you can get any.

sandiep

It is usually a standard term of any employee loan that the balance becomes fully repayable on termination of employment. So I would be prepared for this to be the case and start making suitable alternative arrangements.

sandiep

What's your employment record like with them? If you hold up your hands and apologise are they likely to want to keep you on?

Inverness

Forget the union - see an employment lawyer URGENTLY. Alternatively try CAB.

razor1979

the union rep has already told me that i will be dismissed at the hearing thats why i have been given the chance to hand in my notice

my past employment recorde with them is great i have never had any trouble with them never had any type of warning but the dismissal will go ahead if i am there or not unless i hand my notice in

and is all well and good to say make other arrangements but as it stand i need my wages to pay my rent and to put food on the table

as for handing the car back i have already offered this and they are not interested they just want there money

razor1979

i forgot to add i emailed my boss, the ceo and the hr manager and got read receipts back from all of them and i was requesting a copy of the loan agreement that was over a week ago and still they havent responded

stevsand

Speaking as a rep, yours has asked for the result in advance so you have a chance to resign instead of being sacked.Its common practice and he is doing you a favour.

razor1979

the iniatial meeting went ahead and they are off to consider more information and they paid me but not they were happy to

next question they have said that if i am dismissed (very good chance of this) they want me to pay the full amount back of the car loan which i currently owe approx £4000 of the £7000 i borrowed, the car cost me £8000 when i paid for it as i had a part exchange, if i dont pay back the full amount they want to take the car off me

there is no hp or finance registared against the car and the log book is in my name the loan agreement does mention that the car is the property of the council until the loan is paid in full which is fine i just cant afford to pay it in 1 lump but have offered to continue paying the loan until i am in a position to pay the full amount but can they legally take the car without my consent

Zazen999

Why did you remove a toner cartridge again?

Jakg

I find it slightly ironic you are asking for their legal position to "steal" your money yet you stole their toner cartridge...