Partner sacked - is there anything we can do?

bewilderedhelpneeded

Hi I wonder if anyone can offer some advice on situation below.

My partner has worked for major diy store for just over a year. He was asked if he would work overnight 7pm to 7am on two consecutive nights a couple of weeks ago to build some in store displays which he agreed to do as he is ex builder. Through doing this he built up 6 hours extra time. He asked if he could take this time off following Wednesday but was told no as it was leu time and he could take this within following 3 months. He was ok to do this.

Next time he was Rotered to work he was supposed to do 7am to 1.30pm. Unfortunately he had power cut and alarm didn't go off. He rang immediately to explain and arrived at 8.20am. He filled in his time sheet as if he had come in at 7am and took half hour break as he should have done if he started at 7am as he had leu time.

The next time he was at work he was pulled to one side by his line manager and told he had to go to hr office. He was then read a script where they accused him of trying to defraud the company and suspended him. He attended a disciplinary hearing the following day. He told them exactly why he had done what he had done and said it wasn't done to defraud company but to claw back leu time. Apparently on hours he actually worked 820am to 130pm he should only have taken 15 min break. He took 30 mins as he put down he came in at 7am. Apparently there are forms to fill in for leu time. He has never claimed it before so didn't know. Disciplinary was carried out by assistant store manager who only been in that store for 2 weeks and has no background knowledge on my partners work ethos which has been excellent (testermonials on company website about him, praise from managers etc and numerous examples of where he has been text at 9pm at night and asked if he could go in at 6am following morning to help out etc).

I've read notes of meeting and my partner has made it clear that "his head is a mess at the moment due to various stresses at home (which the company know about and have done for some time). They took the decision to sack him for 'incorrectly completing time sheet resulting in potential misappropriation of company funds'. I think this is harsh given the reasons and a written warning would have done. My partner was also due to transfer to another store in the next couple of weeks to a full time position which obviously won't be happening now as he is sacked.

He has been in contact with his old boss who has now transferred to another store and told him. His old boss is shocked and has said he would have dealt with it by written warning given my partners explanation and knowledge he has of him and work he has done.

My partner has been told he has no right to appeal as he hasn't been there long enough. Is there anything we can do?

Thank you and sorry it's so long!

Flyonthewall

While it does seem to be an honest mistake and quite harsh considering he explained and clearly lacked understanding of the process he did lie on the timesheet.

Why did he put 7? The timesheet is surely there to show what hours people have actually done, not what the rota says or they would have done if other things didn't apply (e.g. lateness or time off in lieu).

On paper he lied and he's got no real excuse for that as he should put the actual time he started. It may seem harsh but the assistant manager, who has only just started, is clearly going by that and that alone and sadly that doesn't make your husband look very trustworthy.

A company can get rid of someone for any reason so long as they're not discriminating within the first two years. Sadly that means he has no rights and I don't believe there isn't anything he can do other than learn from the mistake.

Torry_Quine

Sorry but with less than two years employment he can be sacked for any non-discriminatory reason. He also is likely to be sanctioned for JSA as he was sacked

sangie595

bewilderedhelpneeded wrote: »

Hi I wonder if anyone can offer some advice on situation below.

My partner has worked for major diy store for just over a year. He was asked if he would work overnight 7pm to 7am on two consecutive nights a couple of weeks ago to build some in store displays which he agreed to do as he is ex builder. Through doing this he built up 6 hours extra time. He asked if he could take this time off following Wednesday but was told no as it was leu time and he could take this within following 3 months. He was ok to do this.

Next time he was Rotered to work he was supposed to do 7am to 1.30pm. Unfortunately he had power cut and alarm didn't go off. He rang immediately to explain and arrived at 8.20am. He filled in his time sheet as if he had come in at 7am and took half hour break as he should have done if he started at 7am as he had leu time.

The next time he was at work he was pulled to one side by his line manager and told he had to go to hr office. He was then read a script where they accused him of trying to defraud the company and suspended him. He attended a disciplinary hearing the following day. He told them exactly why he had done what he had done and said it wasn't done to defraud company but to claw back leu time. Apparently on hours he actually worked 820am to 130pm he should only have taken 15 min break. He took 30 mins as he put down he came in at 7am. Apparently there are forms to fill in for leu time. He has never claimed it before so didn't know. Disciplinary was carried out by assistant store manager who only been in that store for 2 weeks and has no background knowledge on my partners work ethos which has been excellent (testermonials on company website about him, praise from managers etc and numerous examples of where he has been text at 9pm at night and asked if he could go in at 6am following morning to help out etc).

I've read notes of meeting and my partner has made it clear that "his head is a mess at the moment due to various stresses at home (which the company know about and have done for some time). They took the decision to sack him for 'incorrectly completing time sheet resulting in potential misappropriation of company funds'. I think this is harsh given the reasons and a written warning would have done. My partner was also due to transfer to another store in the next couple of weeks to a full time position which obviously won't be happening now as he is sacked.

He has been in contact with his old boss who has now transferred to another store and told him. His old boss is shocked and has said he would have dealt with it by written warning given my partners explanation and knowledge he has of him and work he has done.

My partner has been told he has no right to appeal as he hasn't been there long enough. Is there anything we can do?

Thank you and sorry it's so long!

No there is nothing he can do. He has less than two years service; but, and you won't want to hear this, if he had two years service the employer would have to hold an appeal to get the process right, although I am afraid this is almost certainly going to be a fair dismissal in law anyway - so a claim would be unlikely to win.

The fact is that he did what is alleged, and whilst he may have a good explanation for it, it doesn't change the facts. You do not falsify your timesheets for any reason. If he felt it would be reasonable to deduct the missing time from lieu hours owed, he authorises that through a manager. Not decide just to do it and falsify a timesheet. Saying that he didn't know how to claim lieu time really isn't a strong defence - if you don't know then you ask. And one assumes that everyone knows that you don't put down starting times at work that are false on their timesheet. So I am afraid that what you, another manager, or anyone else thinks is the right outcome has no relevance. If this could have gone to a tribunal I would be relatively confident that he would lose the case - they cannot and will not consider work records or explanations as to why he did it, only that he did. There is no question on that matter. An employer is obliged to hear your reasons for committing an act of misconduct - but they are not obliged to agree with the mitigation. And I am afraid that most employers would seriously consider dismissal for falsifying a timesheet.

I would suggest that he try to do his best to move on positively. His former manager may be willing to give him a reference, which should count for something. But please note that unless the former manager has the power to give references on behalf of the company, it would be a personal reference - both he and the manager could get into a lot more trouble if they are seen to be falsely representing this as an employers reference, and failing to disclose the dismissal. So it needs to be a personal reference - or if an employers reference, an entirely true statement.

Flyonthewall

Torry_Quine wrote: »

Sorry but with less than two years employment he can be sacked for any non-discriminatory reason. He also is likely to be sanctioned for JSA as he was sacked

Up to 6 months, if I remember right, for a possible JSA sanction. Least it sounds as though he had no issues with his old boss so he could put them down as a reference.

Although before going for any other job he needs to understand time off in lieu (it's to be agreed upon) and that timesheets should reflect actual hours worked. It won't look good to other employers if he explains his reason for losing his job as it is stated above.

bewilderedhelpneeded

Thank you - he knows that the way he went about it was wrong and admitted that his time sheet was therefore filled in incorrectly. As a manager myself I would have handled the situation differently given the facts and his previous work history. It's just such a shame as he was leaving that store anyway to transfer to full time at another store. There also appears to be no right of appeal to get someone else to look at the situation as it states no right of appeal if employed for less than 18 months. I'm sure if someone else looked at circumstances they would decide a written warning would suffice. Oh well you live and learn! It's just annoying that this extra leu time was built up as he was helping them out!!!! They wouldn't have got the displays built in time if he wasn't there as he could work faster as he is a builder and was showing everyone else what to do!!!!

whitewing

I think I would ask the company if it is possible to reapply to join them again. Obviously don't lie on the application form about the reasons for leaving.

If he can show he has 'learnt his lesson' he may be able to get taken on again.

(But he should only do this if he can genuinely not hold a grudge).

When he asks, he would need to listen to their feedback and not throw a wobbly if it isn't what he'd want to hear. I would speak to HR in the first instance.

pathtofreedom

Could he talk to the boss at the new store, if he knows him, to see if he could apply for that position as a new job. I don't know if that might work or not from an HR standpoint, as he has been sacked from one store, but it can't hurt to try.

patman99

As long as he makes no mention of being sacked to the DWP, then he will not be sanctioned. However, he should have been more honest on his timesheet as even though his ex-employer is unlikely to tell the Jobcentre they sacked him, they are likely to mention it on a referance.


Mind you, I am surprised that the DIY store did not have an electronic timekeeping system in place instead of timesheets.

bewilderedhelpneeded

He was self employed before taking this position and always has been so lots of the formalities are new to him. He admits that he did fill in his time sheet incorrectly so that he is guilty of . I don't think jsa sanctions will be an issue as he did some self employed work alongside his job ( yes he cleared it with work and he did work for members of staff and declared to hmrc) so he will just have to increase this to make his wage up. He needed to reduce his time on the tools due to medical reasons so his store work was ideal and customers loved it that they could ask advice from qualified person and walk out with right stuff for the job. They used to go in and ask for him by name. When fitters had messed up installing something and complained to store manager my partner was asked to go to their homes to sort rather than getting fitters back. This happened twice while he was there and they let him go early to do it. It's not in his contract to do this - he was just customer advisor. He did it to help out.

He admits he screwed up with leu time and filling his time sheet in incorrectly but when he thinks back to what he did to help out it leaves bitter taste in his mouth.

On plus side he hasn't sunk into deep depression about it but is very angry

ohreally

The purpose of a disciplinary is not punitive, yet they appear to have exercised some haste in punishing him by dismissing, which should be a last resort regardless.

Being dismissed with no route of appeal is arguably automatically unfair (there is no length of service qualification in such circumstances), you may wish to consider a call to ACAS for their thoughts.

bewilderedhelpneeded wrote: »

On plus side he hasn't sunk into deep depression about it but is very angry

Next job, join a union.