Gross misconduct hearing - advice required please

lolly1969

Hi guys

Just to give you the full picture; I'm a 37 year old female who lives with my partner aged 45 and our adopted son aged 16 (he's lived with us for 12 years - we used to foster). We are good, hard working people. I remained a stay at home parent (due to fostering guidelines) until the age of 31, when we decided to give up fostering and I went into the social care industry. My partner works in education for the local authority and is CRB checked every 3 years (the last one only completed last month). We have both been heavily checked and monitored over the years due to our fostering status. Neither of us have been in any trouble with the law, not even any minor offences and I do regular voluntary work at our local hospice.

2 years ago I was diagnosed with Multiple Sclerosis and gave up work in late 2012 to recover and get used to managing the condition. Last summer I decided to go back to work part time but knew I couldn't keep up with the physical demands of social care due to my condition so I took a job in a call centre for a bank.

The job had been going well and my appraisal in April was very good.

However.........

In April, I noticed some transactions on my credit card statement that I didn't recognise. I have held the credit card for 7 years and it is provided by my current employer. It has no staff indicators (that I know of) as it was opened years before I began working for the company.

As soon as I noticed the transactions, I contacted the fraud department who stopped the card (which was still in my possession) and issued a replacement. I then received some forms from them listing the fraud transactions and asking me to sign in agreement that I did not recognise them - I duly returned the signed forms as requested and received the new card some days later.

Last week, I miscarried at our baby at 14 weeks and due to complications, surgery was required. I've been off work since. It was a terrible blow to all of us as we had been trying for years with no success. My emotions are all over the place at the moment.

Just when I thought things couldn't get any worse, on Thursday I received a letter from HR inviting me to a disciplinary hearing on 4th July, for alleged Gross Misconduct. The allegation is 'attempting to de-fraud the company by submitting false visa dispute claims'. The letter included a 34 page 'evidence pack', 13 pages of which were bullet pointed personal opinions of the person who did the investigation, in which he stated information obtained during several conversations with some of the merchants involved with no transacripts/times of calls/supporting documentation from the merchants.

The other 21 pages were order/delivery details from other merchants involved. All of the order were against my name and address and the 'proof' of delivery in most cases stated either 'delivered to destination address', 'Signed by - Posted' or 'left in blue bin'. None of these had signatures attached. One delivery stated 'signed for by number 41' but the merchant was unwilling to supply a copy of the signature obtained (I find this a bit fishy) and another stated that it had been signed for by my partner - this was not my partner's signature it was simply his initial and surname hand written in all capital letters. The delivery information for this did not provide a date and time of delivery (which I also find fishy).

The last order was apparantly delivered at 15:43 on a wednesday and stated 'signed for by customer' (again no copy of a signature) and upon checking the date I was still at work, my partner was in hospital and our son was at his grans as he stays there every wednesday and goes there straight from school. Even if he had been due to come home that day his school doesn't get out till 15:35 and he has a half hour walk to get home.

The notes made by the writer of the report got creepier after this and he confirmed that he had 'google mapped' my house and stated 'the house is a non-gated property with no secure porch area. There is easy access to the house which has large windows providing a clear view into the property. However, there is a side access way taking you to the rear of the property where items could be left securely i.e. in the blue bin.' I was horrified by this. I mean what right does anyone have to 'google map' my house?

He then went on to say he had also checked my credit file and there were 81 searches for credit made between April 2013 and April 2014. I've not checked my credit report for some time but nor have I searched for credit to this extent in any given year, not just the last. Again there was no supporting evidence of this.

They also said they had checked a previous bank account held in my name, with another provider, and that there were transactions of a similar nature to the ones I was now disputing on my credit card.

They also believe that some of the transactions were made during my working hours and they have checked the system, which confirmed I was in on the dates and times they believe the transactions were; however, they could not pin point the exact PC used to make the transactions.

I feel that whoever has completed this investigation watches a little too much CSI and needs to get himself a girlfriend!!!!!

My union rep was made aware of the situation yesterday but they are on annual leave until Thursday next week, so won't be able to have a look at the 'evidence' or get back to me until at least next Friday.

I'm therefore left to worry about not only my health but my job aswell, whilst also grieving.

My head is ready to burst.

Does anyone have any advice or support they could give me on how to deal with this matter? I've never experienced anything like this before and I'm not sure what to do.

Has anyone every gone through anything similar and could provide guidance?

thanks guys

Takeaway_Addict

lolly1969 wrote: »

Hi guys

Just to give you the full picture; I'm a 37 year old female who lives with my partner aged 45 and our adopted son aged 16 (he's lived with us for 12 years - we used to foster). We are good, hard working people. I remained a stay at home parent (due to fostering guidelines) until the age of 31, when we decided to give up fostering and I went into the social care industry. My partner works in education for the local authority and is CRB checked every 3 years (the last one only completed last month). We have both been heavily checked and monitored over the years due to our fostering status. Neither of us have been in any trouble with the law, not even any minor offences and I do regular voluntary work at our local hospice.

2 years ago I was diagnosed with Multiple Sclerosis and gave up work in late 2012 to recover and get used to managing the condition. Last summer I decided to go back to work part time but knew I couldn't keep up with the physical demands of social care due to my condition so I took a job in a call centre for a bank.

The job had been going well and my appraisal in April was very good.

However.........

In April, I noticed some transactions on my credit card statement that I didn't recognise. I have held the credit card for 7 years and it is provided by my current employer. It has no staff indicators (that I know of) as it was opened years before I began working for the company.

As soon as I noticed the transactions, I contacted the fraud department who stopped the card (which was still in my possession) and issued a replacement. I then received some forms from them listing the fraud transactions and asking me to sign in agreement that I did not recognise them - I duly returned the signed forms as requested and received the new card some days later.

Last week, I miscarried at our baby at 14 weeks and due to complications, surgery was required. I've been off work since. It was a terrible blow to all of us as we had been trying for years with no success. My emotions are all over the place at the moment.

Just when I thought things couldn't get any worse, on Thursday I received a letter from HR inviting me to a disciplinary hearing on 4th July, for alleged Gross Misconduct. The allegation is 'attempting to de-fraud the company by submitting false visa dispute claims'. The letter included a 34 page 'evidence pack', 13 pages of which were bullet pointed personal opinions of the person who did the investigation, in which he stated information obtained during several conversations with some of the merchants involved with no transacripts/times of calls/supporting documentation from the merchants.

The other 21 pages were order/delivery details from other merchants involved. All of the order were against my name and address and the 'proof' of delivery in most cases stated either 'delivered to destination address', 'Signed by - Posted' or 'left in blue bin'. None of these had signatures attached. One delivery stated 'signed for by number 41' but the merchant was unwilling to supply a copy of the signature obtained (I find this a bit fishy) and another stated that it had been signed for by my partner - this was not my partner's signature it was simply his initial and surname hand written in all capital letters. The delivery information for this did not provide a date and time of delivery (which I also find fishy).

The last order was apparantly delivered at 15:43 on a wednesday and stated 'signed for by customer' (again no copy of a signature) and upon checking the date I was still at work, my partner was in hospital and our son was at his grans as he stays there every wednesday and goes there straight from school. Even if he had been due to come home that day his school doesn't get out till 15:35 and he has a half hour walk to get home.

The notes made by the writer of the report got creepier after this and he confirmed that he had 'google mapped' my house and stated 'the house is a non-gated property with no secure porch area. There is easy access to the house which has large windows providing a clear view into the property. However, there is a side access way taking you to the rear of the property where items could be left securely i.e. in the blue bin.' I was horrified by this. I mean what right does anyone have to 'google map' my house?

He then went on to say he had also checked my credit file and there were 81 searches for credit made between April 2013 and April 2014. I've not checked my credit report for some time but nor have I searched for credit to this extent in any given year, not just the last. Again there was no supporting evidence of this.

They also said they had checked a previous bank account held in my name, with another provider, and that there were transactions of a similar nature to the ones I was now disputing on my credit card.

They also believe that some of the transactions were made during my working hours and they have checked the system, which confirmed I was in on the dates and times they believe the transactions were; however, they could not pin point the exact PC used to make the transactions.

I feel that whoever has completed this investigation watches a little too much CSI and needs to get himself a girlfriend!!!!!

My union rep was made aware of the situation yesterday but they are on annual leave until Thursday next week, so won't be able to have a look at the 'evidence' or get back to me until at least next Friday.

I'm therefore left to worry about not only my health but my job aswell, whilst also grieving.

My head is ready to burst.

Does anyone have any advice or support they could give me on how to deal with this matter? I've never experienced anything like this before and I'm not sure what to do.

Has anyone every gone through anything similar and could provide guidance?

thanks guys

Sorry for your loss firstly.

The best advice anyone can give is let your union deal with it the best they can (can you ask someone else to have a look sooner?) (and make sure if you think they are not dealing with it that you complain).

I also think you need to not worry about the googlemaps part, it seems like they wanted to check that the notes left by the couriers were possible., nothing more from what I see.

starrystarry

I'm sorry for your loss OP, it must be a very difficult time for you.

Didn't someone start a thread a few weeks ago about a similar situation? Where they'd reported fraudulent transactions on a card and been hauled over the coals for it by their employer? I can't remember what happened in the end. Does anyone else remember the thread?

ohreally

Re your union (unite?), contact the regional office explaining the state of play and request a full time officer contact you - due to the complexity, a local steward may wish to obtain this level of assistance anyway but no harm in making contact.

whitewing

Are you absolutely sure that your son has nothing to do with this?

Teenagers can make mistakes, and maybe your pregnancy stirred up some feelings for him?

I am not saying that he did do anything, but just putting it out there as a possibility to be thought about.

mountainofdebt

starrystarry wrote: »

I'm sorry for your loss OP, it must be a very difficult time for you.

Didn't someone start a thread a few weeks ago about a similar situation? Where they'd reported fraudulent transactions on a card and been hauled over the coals for it by their employer? I can't remember what happened in the end. Does anyone else remember the thread?

I remember it but I don't know how it ended

As far as the OP's situation is concerned, I think I would be playing detective myself - would it be worth contacting the companies directly and seeing if they can tell you what was bought?

Annisele

lolly1969 wrote: »

He then went on to say he had also checked my credit file and there were 81 searches for credit made between April 2013 and April 2014. I've not checked my credit report for some time but nor have I searched for credit to this extent in any given year, not just the last. Again there was no supporting evidence of this.

For most of it, I'm afraid I can't say more than "call your union's head office". On the credit report point, I'd be concerned even without your employer's investigation. I think that one of three things must be true - and it would help you to know which one:

• Your credit report doesn't actually have 81 searches on it, and your employer made a mistake.
• Your credit report does have 81 searches on it, you didn't make them, and somebody else has been doing something fraudulent.
• You really did arrange for 81 searches somehow (and you've either forgotten or some lender went properly overboard, and made 80 searches when you asked for one).

You can get your credit reports from here. Assuming you have £6, I think it would be £6 well spent.

lolly1969

Hi guys

Thanks for the replies.

I've had a look at that thread, just searched for 'gross misconduct'. The poster hasn't confirmed what happened in that case so I've PM'd them in the hope they can provide some help.

I've questioned everyone I can think of who may have done it, I've even approached the neighbour who apparantly signed for something but she wasn't letting on if she knew anything.

I just find it strange that with so many packages there's not one proper signature in the evidence. I've also googled some of the products ordered and some of the things they are saying were 'posted' would never fit through the letter box in a million years.

I have noted that most of the orders gave delivery instructions stating to 'leave items in the blue bin'. I'd never request this and would always ask for items to be left with a neighbour, so I'm wondering if whoever made the transactions is local and knows how easy it would be to gain access to my blue bin to pick parcels up.

I've also noted that two separate transactions were for dresses, the first one being ordered in a size 22 and then a week later another dress in a size 18!!! It must be the incredible shrinking woman!!! I want to know what diet she is on if she can go from a size 22 to 18 in a week.

There were also 7" heeled shoes, which were not in my size and I'd never be able to walk in as I have drop foot from the MS.

There is one item which was ordered which strangely enough, I have. However, the item I have was ordered from a different merchant in a separate transaction and I still have the invoice as proof, if I need it.

I'm tempted to resign, if this is how they treat their staff then I don't want to work for them. I'm not sure how this would look though or if it would even be accepted given the circumstances.

Ultimately, what they are alleging is a criminal offence and I am concerned about the consequences should they involve the police. I cannot afford to have any issues of this nature on my record, simply due to the fact that if I can't have my own children then I would look to get back into fostering or even adoption.

Everyone keeps telling me to try and forget about it because worrying will not change anything but it's just so hard.

ohreally

lolly1969 wrote: »

Ultimately, what they are alleging is a criminal offence and I am concerned about the consequences should they involve the police. I cannot afford to have any issues of this nature on my record, simply due to the fact that if I can't have my own children then I would look to get back into fostering or even adoption.

Do not resign!

The process can continue in your absence as can a report to the police. A resignation would serve no useful purpose at the moment. If you feel the relationship is damaged beyond repair, wait and choose your moment to resign.
Don't make a rash decision.

mountainofdebt

The other thing to check is does your card still work?

The way to look at it is that if it does then
a) either the card was used by someone who had access to it and they are lying to you or
b) someone has managed to get a secondary card and in this case a) could still be an option or c) they managed to intercept its delivery - although I'm assuming that this has been discounted

If it doesn't then could someone have reported it stolen and intercepted the replacement?

Annisele

lolly1969 wrote: »

I'm tempted to resign, if this is how they treat their staff then I don't want to work for them. I'm not sure how this would look though or if it would even be accepted given the circumstances.

Ultimately, what they are alleging is a criminal offence and I am concerned about the consequences should they involve the police. I cannot afford to have any issues of this nature on my record, simply due to the fact that if I can't have my own children then I would look to get back into fostering or even adoption.

Don't resign! As ohreally says, the investigation can continue in your absence. Plus IMO it just makes you look guilty.

I'm not sure that involving the police would be a bad thing. In your shoes, I think I'd be asking my union for advice on whether I should involve the police myself. It sounds as though a criminal offence has definitely been committed - the issue is whether you are victim or perpetrator.

Are you sure this fraudster has just been using the one card? 81 credit searches suggests they might have been applying for further credit in your name, and then intercepting the new cards. If the statements for those cards are online only, you wouldn't even know the cards existed.