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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello I just have a meeting with my employer , Iv been working

Resolved Question:

Hello I just have a meeting with my employer , Iv been working with them over 12 years and they came to me and said I have been stealing money fr him and that they have evidence of this , we have a system in shop which he controls and can make any changes to but I also had an acces to it , there is more than 1 person working at the day I'm ready to leave the job but he warned me that at today's meeting I have to choice either say it wasn't me and he will take it further or admit it I did take it ( where I didn't ) I don't know what to do either way scared and don't know what to answer
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is this just an investigatory meeting?

Customer: It is I believe
Customer: The part one was yesterday when he said I got two choices today as I mentioned already
Customer: It has been 4 months since this has happened he said
Ben Jones :

when is the meeting due?

Customer: Today @7pm
Ben Jones :

ok let me get my response ready please

Customer: Oh yes let me say one more thing at this time when it happen he had vat people checking on him and he hasn't been showing the amount that he is earning at the time from the business
Ben Jones :

If you are innocent and did not do what you are being accused of, then you should not be admitting to anything, regardless of what the employer is saying. At this stage you are legally innocent and if the employer wants to take further action against you they would be expected to conduct a fair procedure before they can take any action.


 


Misconduct, such as the allegations here, is a common reason for taking disciplinary action against an employee. It could be due either to a single serious act of misconduct or a series of less serious acts over a period of time.


 


In order to justify that disciplinary action on grounds of misconduct was fair, the law requires that the employer:



  • Conducts a reasonable investigation;

  • Follows a fair disciplinary procedure; and

  • Shows they had reasonable grounds to believe the employee was guilty.


 


In addition, the employer is expected to follow the ACAS Code of Practice on disciplinary and grievance procedures. Altogether, it means that a disciplinary procedure should be conducted as follows:


 


1. Investigation - a reasonable investigation is needed. What is reasonable depends entirely on the circumstances and especially the nature and seriousness of the allegations. The more serious these are, the more detailed the investigation needs to be.


 


2. Disciplinary hearing - if the investigation provides sufficient evidence of misconduct, the employee may be invited to attend a formal disciplinary hearing. They must be given prior notice of the hearing, including details of the allegations, allowing them time to prepare. They have the legal right to be accompanied at the hearing but only by a trade union representative or a colleague.


 


3. Decision and penalty - following the disciplinary, if the employer holds a genuine belief that the employee was guilty, then they can go ahead and formally sanction them. When deciding on the appropriate penalty, the employer should consider the nature and seriousness of the offence and the employee's disciplinary record. Unless the offence was one of gross misconduct, ACAS recommends that the employee should be issued with a written warning.


 


So you may as well go through the process and be able to properly defend yourself and show you are innocent rather than falling into a trap of admitting something you never did.


 


If, after the procedure has completed, there are any doubts about any of the above and there is belief or evidence that the employer has not satisfied these requirements, an appeal can be submitted to the employer immediately after the disciplinary outcome. If the disciplinary results in dismissal then a claim for unfair dismissal can be made in the employment tribunal. There are two requirements to claim: the employee must have at least 2 years' continuous service with the employer and the claim must be made within 3 months of the date of dismissal.


 

Customer: Ok but the thing is a believe he saying he got evidence of this on the daily print out from the shop sales but this can be changed at any time by him and how can I prove this is him and not me that done this , it took him 4 months to come and say this to me
Customer: And if I I say it wasn't me what can he possible do what kind of action as I'm panicking to much
Ben Jones :

I cannot say how you can prove whether it was him or you, this is something that would be specific to the evidence in question and the systems and procedures used so it is impossible for me to say how you can prove it. But they could discipline you, dismiss you and potentially even report you to the police, although they won't get involved unless there is some credible evidence

Customer: Ok thank you that was helpful
Ben Jones :

you are most welcome

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46809
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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