Disciplinary for non-existent policy?

TMO

Hi. I need some advice. I recently lost £10 at my workplace and have been told I am going to be brought into a disciplinary meeting for it. I explained to my line manager that the company doesn't have a policy regarding cash differences so what are you basing the meeting on? He said he can still bring me in. I phoned HR and they confirmed there is no cash difference policy however it is dealt with locally. I explained to them that I have a copy of my contract and it states in my contract that I am only in breach of my contract if I break a policy and if any new policies are created then I will be informed as they form part basis of my contractal obligations but they seemed to dumb to understand that if I am being brought into a meeting for something then I'm in breach of something for that to happen. I can't be sent a letter stating I maybe dismissed from the company pending the outcome of this meeting when I haven't broken any policy that the company has? It's ridiculous. This can't be right can it? All help appreciated.

KatrinaWaves

TMO wrote: »

Hi. I need some advice. I recently lost £10 at my workplace and have been told I am going to be brought into a disciplinary meeting for it. I explained to my line manager that the company doesn't have a policy regarding cash differences so what are you basing the meeting on? He said he can still bring me in. I phoned HR and they confirmed there is no cash difference policy however it is dealt with locally. I explained to them that I have a copy of my contract and it states in my contract that I am only in breach of my contract if I break a policy and if any new policies are created then I will be informed as they form part basis of my contractal obligations but they seemed to dumb to understand that if I am being brought into a meeting for something then I'm in breach of something for that to happen. I can't be sent a letter stating I maybe dismissed from the company pending the outcome of this meeting when I haven't broken any policy that the company has? It's ridiculous. This can't be right can it? All help appreciated.

How long have you worked there?

Savvy_Sue

Obviously I can't see your terms and conditions of employment, but I know that my disciplinary and grievance policy lists a number of things which might be gross misconduct, but definitely states that it's not an exhaustive list.

'Losing' £10 might be carelessness, might be dishonesty. I'm not sure an employer would need a specific policy on cash differences.

TMO wrote: »

I explained to them that I have a copy of my contract and it states in my contract that I am only in breach of my contract if I break a policy

It actually says that? There's no 'catch-all' phrase?

But Katrina's question is very relevant. If you have less than two year's employment, then they can end your employment for any non-discriminatory reason, and if you give off the same vibes as you do here then I wouldn't expect you to reach that two year mark.

Davy_Jones_II

Your objection really doesn’t stack up, not everything needs to be detailed in your contract for your management to talk to you about it, or for it to be a disciplinary matter.

Have you worked there over two years? If not then you can be let go without any reason being given.

Blatchford

TMO wrote: »

I can't be sent a letter stating I maybe dismissed from the company pending the outcome of this meeting when I haven't broken any policy that the company has? It's ridiculous. This can't be right can it? All help appreciated.

Of course it can be right. Even if your contract says that you are only in breach of the contract if you breach company policy, they can dismiss you for anything else, policy or not. You can't genuinely think that if they don't have a policy saying that you mustn't "misplace" their money, it'll be fine to misplace their money?

You are arguing a defence from a ridiculous position which will never hold any water. It may or may not be a rather extreme reaction to "losing" £10, but the actual matter that is relevant is what happened to the £10. If there is evidence that someone, for example, stole £10, I would expect that almost every employer would dismiss.

Undervalued

TMO wrote: »

Hi. I need some advice. I recently lost £10 at my workplace and have been told I am going to be brought into a disciplinary meeting for it. I explained to my line manager that the company doesn't have a policy regarding cash differences so what are you basing the meeting on? He said he can still bring me in. I phoned HR and they confirmed there is no cash difference policy however it is dealt with locally. I explained to them that I have a copy of my contract and it states in my contract that I am only in breach of my contract if I break a policy and if any new policies are created then I will be informed as they form part basis of my contractal obligations but they seemed to dumb to understand that if I am being brought into a meeting for something then I'm in breach of something for that to happen. I can't be sent a letter stating I maybe dismissed from the company pending the outcome of this meeting when I haven't broken any policy that the company has? It's ridiculous. This can't be right can it? All help appreciated.

Yes it can! The company are right and you are wrong.

Sorry but you have not done yourself any favours here by playing the barrack room lawyer when you clearly don't understand the basic legal position.

I rather doubt that there is a specific policy that says you can't punch the manager on the nose whilst dancing naked around the office. However I doubt it would do your long term employment prospects any good if you did!

Davy_Jones_II

There is no policy at work about taking the industrial tub of margarine from the canteen into the toilets, scooping it out, dropping a turd in the bottom and the refilling it, so that’s what I shall do, safe in the knowledge that I’ll have done no wrong.

I reckon it’ll be over a month before someone gets down to the first bit of brown.

Blatchford

Just to add, because logic doesn't seem to be a strong point here, but I'd resist telling HR or your manager that they are too dumb to understand facts. Firstly because it doesn't appear to be true; and secondly because, even if it were true, they'd probably not take very kindly to it.

prowla

Any company which found that money in the charge of an employee had gone missing would launch an investigation.
If they find out that "missing" really meant "stolen", then they would likely sack the employee and possibly raise charges.
If they find that "missing" was for other reasons, then they might take other actions, such as issue a warning, supervise the handling of money, etc.
Certainly a contract does not need to cover everything, as the laws of the land also apply (and override the contract).

PasturesNew

I'd expect any discrepancies to at least be asked about. Only a foolish company would let the loss of any money just slide by.

I'd not expect that to have to be in a written policy, surely that's just 'the norm', 'to be expected', 'what happens'.

It might be that they need to change their procedures, so it's more a meeting for them to be judged if they're managing money and accountability correctly, so more of a 'stain' on them than you. Your role is simply to help them think about how errors could occur, so they can then think about how to prevent it.

getmore4less

I recently lost £10 at my workplace

I would be focusing on that bit.

What sort of cash place is it?

That can make a big difference to the approach needed.