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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have a problem in my work and I need advice please

Resolved Question:

I have a problem in my work and I need advice please
Submitted: 3 years ago.
Category: 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. can you give me some more information please

Customer: I was on the 4th of February as I am a catering supervisor, I didn't have change so I went to the vending machine to collect the money in coins as we needed change .so after that I went to the box office to ch age some of the money in notes.but I still had £100 in pound coins and the box office didn't have any Notes to change so I put the £100 in the till with out ringing the money in and I told my colleague Alan to call Robert to ring the hundred pounds and change for notes.but Alan forgot to tell Robert and now I'm in trouble because of the money went missing and my colleague changed the money and now I have a hearing on the 2nd of April about this situation £50 of the £100 went missing what advice can you give me.
Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer: Thank you very much also when I left the £100 pounds was still inside the till on the next day I was called by the general and duty manger asking me Why is their over £50 pounds as I was honest I told it's not £50 but £100 that I let them know to ring them through and the general manger said that it's going to be a investigation
Ben Jones :

Many thanks for your patience and sorry I couldn’t get back to you last night, I had problems accessing the site. I just had one more question before I finalised my advice – how long have you worked there for?

Customer: It will be 7 years on 20 /8
Ben Jones :

ok couple of mins and I will be done

Ben Jones :

What looks like will happen here is that you are having a meeting about this incident and that looks like an investigatory meeting where the employer will try and gather details about what happened and then decide if further action if necessary, for example disciplinary action.


 


Misconduct 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.


 


In summary, an employer is not expected to prove that the alleged misconduct had definitely occurred. Disciplinary action will be fair if the employer can show that it had conducted a reasonable investigation, followed a fair procedure and held a genuine belief that the employee was guilty. Finally, it must show that the penalty was a reasonable action to take in the circumstances and one that a reasonable employer would have taken.


 


If 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.


 

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46196
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Hello Maria, please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this? Thank you

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