Should I quit my job after being suspended pending investigation thats not yet been concluded?

prowla

Lilacsoftcotton said:

Tabieth said:

Lilacsoftcotton said:

Update: i’ve managed to speak with my manager casually. ‘As a friend’ they gave me a heads up as to what was going on. They had a few meetings to discuss what they were planning to do with me. Half of them were on my side (including the manager i spoke to) and half of them were not, saying it was unacceptable what i did. A few of them not on my side being the ‘higher ups’ from my manager. My manager said they purposely prolonged the disciplinary process in hopes that things would work itself out and that they would eventually be in my favour. This managers argument in my favour was that ive been long serving there and not had any issues up until this point and I owned up to my wrong doing. The people in a higher position said that they have fired people in the past for this same ‘misconduct’ so their point is why should it be any different for me.

So my manager off the record gave me two options: i could go through the disciplinary hearing and risk being fired, or resign and they will make sure i get a positive reference. It would be the higher ups that run this disciplinary hearing and my manager who has tried to fight for me would not be present for this. So i think they were trying to hint that they think this hearing is unlikely to go in my favour without explicitly saying it, hence throwing the resignation route out there. But on the other hand they did say they don't not know which way this could go and it could go either way so I could chance it. So im confused on what to do. I think the fact that resigning was ever brought up to me means that i should just take that route and not fight it. But I’m not usually someone that gives up without a fight and if they are saying theres a chance it could go either way then i don't know if i should take that risk. My job role is as a host/hostess, and these jobs tend to not ask for references in my experience and my next job will likely be the same role. So my point is in terms of a positive reference its not 100% necessary in my line of work. So do I resign just for a positive reference i might not need? I don't know!

It’s really hard to advise without knowing the full circumstances about exactly what you did and what policy / policies were breached. What I would do would depend on those details. If I felt I was being treated unfairly or if I had a good case, I’d more likely stay and argue my case. But if I were bang to rights, I would get the neutral reference and resign. 

Good luck!

Here’s what got me in this mess:

A customer wanted to tip me. Instead of doing it on the company card machine where they take a large percentage of it, i took it through a personal means. I have an app that turns my phone into a card reader. The app takes a fee but its much smaller than the percentage my company takes. Taking tips isn't an issue as if we are tipped in cash we do not have to declare it or share it with anyone not even our company. So its a bit sticky to say if im in the wrong here legally or not. However, I knew that my company wouldn’t be happy about me doing it if they knew because they’ll be losing out on their percentage so I was using this means on the sly until I got caught out this time. I owned up to it and apologised and said i wouldn't do it again and I deleted the app. But they wouldn't trust me again after finding this out. What sparked me to even start doing it is the fact that they kept cutting my shifts and treating me poorly. One minute i was full time the next they’d take my scheduled shifts away to give to newbies that i had trained up meaning i was working only half the shifts i used to. So i was kinda trying to make up for it where i could with tips. I will add that i was also never part of my companies tip pool so it was even more of a reason for me not to want to or feel like i should share my tips with anyone. I wasn’t getting a share of anyone else’s tips so my tips were my own. 

Thanks for reminding me: I usually ask who the tips go to when presented with the bill and decline if they say the company.

If the company is taking some or all of the money then they are putting their prices up by subterfuge.

A quick web search says that it is illegal for restaurants to make deductions from tips to employees:

• https://www.acas.org.uk/tips-and-service-charges
• https://www.gov.uk/government/publications/distributing-tips-fairly-statutory-code-of-practice
• https://www.legislation.gov.uk/ukpga/2023/13
  

Therefore, logic suggests that an employer can't discipline you for failing to assist them in breaking the law.

Lilacsoftcotton

MeteredOut said:

What does your contract say about accepting tips?

If you can accept cash tips, and a customer wanted to tip you (and not the company), I can't really see the difference just because they did it via electronic means.

Businesses taking a cut of tips is just downright wrong IMO, unless its to divide the tip to other staff (eg, kitchen staff). But if it goes to the business owner....

Do you know where the business cut goes?

How come you aren't part of the tip pool - was that a choice you had?

I believe most of it goes to the business and the rest gets split within the tip pool. They have just never put me or anyone in my role in it. We are the only position not included in the tip pool. Maybe because they believe we make enough cash tips to not warrant it, but we really don't make that much in cash barely anyone carries cash anymore. Ive read my contract and its not exactly clear, all it mentions is about accepting gifts and anti bribery. 

SadieO

Lilacsoftcotton said:

 Ive read my contract and its not exactly clear, all it mentions is about accepting gifts and anti bribery. 

If it doesn't say anything about this situation or even any mention, for or against, accepting tips, how can you be in breach of it? What misconduct are they claiming you committed? 

MeteredOut

Lilacsoftcotton said:

MeteredOut said:

What does your contract say about accepting tips?

If you can accept cash tips, and a customer wanted to tip you (and not the company), I can't really see the difference just because they did it via electronic means.

Businesses taking a cut of tips is just downright wrong IMO, unless its to divide the tip to other staff (eg, kitchen staff). But if it goes to the business owner....

Do you know where the business cut goes?

How come you aren't part of the tip pool - was that a choice you had?

I believe most of it goes to the business and the rest gets split within the tip pool. They have just never put me or anyone in my role in it. We are the only position not included in the tip pool. Maybe because they believe we make enough cash tips to not warrant it, but we really don't make that much in cash barely anyone carries cash anymore. Ive read my contract and its not exactly clear, all it mentions is about accepting gifts and anti bribery. 

Somethings not right here.

Can you state specifically what you were suspended/disciplined for, in your employers words. I assume you do have something in writing?

You've worked for them for 4 years, so would be due redundancy if they get rid of you, but not if you're fired due to misconduct, or if if you resign.

If they want to fire you for misconduct, and therefore not pay redundancy, they'll have to evidence that. 

Uriziel

OP I would just leave and stop playing games. Even if what people are saying is true your reward for "winning" is nothing more than staying employed which you don't like. Sure there is some kind of Tips Act that says that tips have to be paid out to you and whatnot but how well can you prove what they are doing? I would find a nicer place of work. The UK is a wonderful country for fraud. Just let it sink in that an entire mob of people being paid £200k+ a year is been spending an absurd amount of time discussing a nobody over nothing. Realistically none of them deserve their job or their pay and most likely they got into those roles due to favouritism and whatever else. Their job is to triple company revenue every single year, or get sacked, instead they are discussing you because they have nothing else to do. Meanwhile in America they somehow are creating a new Facebook every single year while most of their companies now have a market cap of over a trillion. Welcome to England. Leave and find yourself a competent employer. I promise you your restaurant will be out of business in less than 5 years time.

prowla

Uriziel said:

OP I would just leave and stop playing games. Even if what people are saying is true your reward for "winning" is nothing more than staying employed which you don't like. Sure there is some kind of Tips Act that says that tips have to be paid out to you and whatnot but how well can you prove what they are doing? I would find a nicer place of work. The UK is a wonderful country for fraud. Just let it sink in that an entire mob of people being paid £200k+ a year is been spending an absurd amount of time discussing a nobody over nothing. Realistically none of them deserve their job or their pay and most likely they got into those roles due to favouritism and whatever else. Their job is to triple company revenue every single year, or get sacked, instead they are discussing you because they have nothing else to do. Meanwhile in America they somehow are creating a new Facebook every single year while most of their companies now have a market cap of over a trillion. Welcome to England. Leave and find yourself a competent employer. I promise you your restaurant will be out of business in less than 5 years time.

Well, that was a bit of a rant! :-)

elsien

MeteredOut said:

Lilacsoftcotton said:

MeteredOut said:

What does your contract say about accepting tips?

If you can accept cash tips, and a customer wanted to tip you (and not the company), I can't really see the difference just because they did it via electronic means.

Businesses taking a cut of tips is just downright wrong IMO, unless its to divide the tip to other staff (eg, kitchen staff). But if it goes to the business owner....

Do you know where the business cut goes?

How come you aren't part of the tip pool - was that a choice you had?

I believe most of it goes to the business and the rest gets split within the tip pool. They have just never put me or anyone in my role in it. We are the only position not included in the tip pool. Maybe because they believe we make enough cash tips to not warrant it, but we really don't make that much in cash barely anyone carries cash anymore. Ive read my contract and its not exactly clear, all it mentions is about accepting gifts and anti bribery. 

Somethings not right here.

Can you state specifically what you were suspended/disciplined for, in your employers words. I assume you do have something in writing?

You've worked for them for 4 years, so would be due redundancy if they get rid of you, but not if you're fired due to misconduct, or if if you resign.

If they want to fire you for misconduct, and therefore not pay redundancy, they'll have to evidence that. 

I have no idea why you are talking about redundancy, because there is no suggestion anywhere the role is no longer required. Especially as they seem to be taking new people on. 

MeteredOut

elsien said:

MeteredOut said:

Lilacsoftcotton said:

MeteredOut said:

What does your contract say about accepting tips?

If you can accept cash tips, and a customer wanted to tip you (and not the company), I can't really see the difference just because they did it via electronic means.

Businesses taking a cut of tips is just downright wrong IMO, unless its to divide the tip to other staff (eg, kitchen staff). But if it goes to the business owner....

Do you know where the business cut goes?

How come you aren't part of the tip pool - was that a choice you had?

I believe most of it goes to the business and the rest gets split within the tip pool. They have just never put me or anyone in my role in it. We are the only position not included in the tip pool. Maybe because they believe we make enough cash tips to not warrant it, but we really don't make that much in cash barely anyone carries cash anymore. Ive read my contract and its not exactly clear, all it mentions is about accepting gifts and anti bribery. 

Somethings not right here.

Can you state specifically what you were suspended/disciplined for, in your employers words. I assume you do have something in writing?

You've worked for them for 4 years, so would be due redundancy if they get rid of you, but not if you're fired due to misconduct, or if if you resign.

If they want to fire you for misconduct, and therefore not pay redundancy, they'll have to evidence that. 

I have no idea why you are talking about redundancy, because there is no suggestion anywhere the role is no longer required. Especially as they seem to be taking new people on. 

Because some companies try to use disciplinary to get rid of someone they want to get rid of, instead going through proper processes, especially if it would otherwise require a payout. I can't recall they were taking on new people (but I've not gone back to review the thread).

elsien

It’s in the first post, that the OP has been training up new people. 

MeteredOut

elsien said:

It’s in the first post, that the OP has been training up new people. 

Not quite.

 "they were allowing me to train up fresh faces for them to be prioritised full-time shifts over me and as a result cutting my shifts in half to part-time."

It looks like you read that as them taking on new people. I read it as them training up people already there (possibly younger people, on lower wages, so they could then replace the OP).