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no not yet it has to go to higher management to see what they think although my freind said the manager gave her her peice of paper back with her times on at the end of the day and i asked for mine and she said she will get it back to me
So you had not yet had the chance to put any times in the official book that day?
There is obviously no actual fraud on your part in this situation and this has only come about due to another employee’s suspicion that you were going to just use the planned times to enter them in the final book and claim for them, rather than the actual times you have worked.
At this stage you are still innocent until proven guilty and before the employer can take any action against you they have a duty to conduct a reasonable investigation and also take you through a proper and fair disciplinary procedure., So there is still quite a lot to go before any decision can be fairly taken against you.
As far as the law on the matter stands, 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:
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.
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.
you are welcome