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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47356
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Since 2001 I have been employed as the Business Manager for

Customer Question

Since 2001 I have been employed as the Business Manager for a charity. In June 2014 I was TUPE to a new charitable company limited by guarantee set up by the same group of volunteer trustees. The first charity had a problem with cash-flow and in 2009 at a Trustee meeting I offered to provide an interest free £10,000 loan to pay salaries, this was accepted but we didn't draw up a written agreement. I paid the loan to the charity, it was repaid a few months later when cash-flow improved and identified it as a loan from me in the audit spreadsheet. In July 2013 we had another cash-flow problem so I discussed it with the Chair because there wasn't a Trustee meeting scheduled and provided an interest free £14,000 loan and identified it in the audit spreadsheet. In September 2013 I spoke to another Trustee about the loan and they said they thought I should have taken the offer to a Trustee meeting so everyone knew about it. I said I would make sure I did if the need arose again.
In July 2014, when I was employed by the new charity, I raised some procedural concerns about the actions of the Trustees, the Chair resigned and the Trustees were upset with me and said another manager had to plan my work. I registered a grievance against the charity in September 2014 because I was not being allowed to fulfill my role. I was suspended on the 27th October 2014 while the company investigated allegations of improper accounting practices against me. The Trustees all stepped down with new Trustees appointed, although some of them are friends and relatives of the previous Chair and Trustees. On the 27th January 2015 my grievance was substantiated. I had an investigation hearing where I was questioned about the second loan and I explained I had discussed it with the previous Chair. I have just received notice to attend a disciplinary hearing for gross misconduct. The Chair has given a statement saying she didn't know about the loan until the other Trustee spoke to her about it in September 2013 and as I didn't have a written agreement the Trustees say my action placed the charity at an unacceptable risk and the company has lost confidence in my integrity.
The loan was to my old employer and the Trustees have accepted they knew about it in September 2013 but did not raise it as a concern so I don't understand how my new employer since June 2014 can look to discipline me. Can you advice me please.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What specific queries do you have about this situation please so I can direct my response better?

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