Who can accompany me?

DandelionPatrol

sangie595 wrote: »

In a criminal court yes. This isn't a criminal court. If the employer chooses to decide that taking someone else's property without their permission is theft, then they can do so. They are not bound by the terms of reference of a criminal court.

Deviation.

If the employer chooses to sack for what was done, then they probably can. But as you rightly say, it is not a criminal court, so they cannot hand down a verdict of theft. And the facts don't support this either. It is use without authority, which the facts admitted by OP support.

patman99

Op, if you had taken my phone and accessed my FB profile and left rude comments on it, it wouldn't have been my helmet that got smashed, it would have been your face.

Not only have you lined yourself up for the boot, you will find it hard to get work on any site within 100 miles as the word gets spread about such behaviour.

mandingo

Had meeting this morning at 8 am in which my boss talked about our discussion last week and showed e mails of correspondence with the site manager about the incident and my apology. Both replies from the site manager were the same - not allowed back on site. The guy making notes then read them back, my boss said he would speak to his HR and get back to me. Meeting ended after approx 15 mins.
At 5 pm got a phone call from my boss to say my contract is terminated,this week will be my notice and any holiday pay will be sorted

BobQ

Takeaway_Addict wrote: »

We don't know if this 'Formal' meeting is a disciplinary meeting or not, if it isn't then there isn't a right to accompanyment

True but I never said otherwise. I should have made it clear that I was responding to #10 which stated:

The formal meeting will have my boss, myself and a third party to take notes. This third party is the boss's next door neighbour and personal friend. Can I not have.a personal friend with me to take notes and offer support?

Generally you do not have a note taker at an informal meeting.

Still OTBE

BobQ

mandingo wrote: »

Had meeting this morning at 8 am in which my boss talked about our discussion last week and showed e mails of correspondence with the site manager about the incident and my apology. Both replies from the site manager were the same - not allowed back on site. The guy making notes then read them back, my boss said he would speak to his HR and get back to me. Meeting ended after approx 15 mins.
At 5 pm got a phone call from my boss to say my contract is terminated,this week will be my notice and any holiday pay will be sorted

Given what you did, this seems fair. If I were sending employees into someone else's workplace I would expect a high standard of conduct, certainly not juvenile pranks that damaged my reputation.

Takeaway_Addict

mandingo wrote: »

Had meeting this morning at 8 am in which my boss talked about our discussion last week and showed e mails of correspondence with the site manager about the incident and my apology. Both replies from the site manager were the same - not allowed back on site. The guy making notes then read them back, my boss said he would speak to his HR and get back to me. Meeting ended after approx 15 mins.
At 5 pm got a phone call from my boss to say my contract is terminated,this week will be my notice and any holiday pay will be sorted

Ask them if they will provide a neutral refence.

mattcanary

sangie595 wrote: »

In a criminal court yes. This isn't a criminal court. If the employer chooses to decide that taking someone else's property without their permission is theft, then they can do so. They are not bound by the terms of reference of a criminal court.

Doesn't mean it is theft though.

sangie595

mattcanary wrote: »

Doesn't mean it is theft though.

For a start - I did not ever say that it was theft in law - or actually, theft at all. I said that the employer is entitled to call it whatever they want for the purposes of employment law, and they do. Someone else said that I implied it was theft in law - I did not imply that at all. I explained the circumstance applying to employment law, not criminal law, repeatedly. If you don't understand that then that is your problem. The fact is that whatever the employer decided to call it, it was potentially and actually, misconduct leading to dismissal.