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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46146
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have had my job years 5 months, and my boss keeps

Customer Question

I have had my job for 2 years 5 months, and my boss keeps forgetting to sign the company due diligence paperwork so I have always told him he must sign it so I signed it in my name and he was fully aware of this, yet after 1 year he is now saying I have commited fraud and is now doing a disiplinary on my, yet he was fully aware, what can I do, as surely if I am being held accountable so should he, I really need your help
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello when did he find out that you signed it in your name and what have the repercussions of you doing this been for you or the company?

Customer: replied 9 months ago.
My boss has known every time, as I told him that he must not forget to sign the due dilligence paperwork, and all he ever said was sorry, and then thanked my for doing this,
Customer: replied 9 months ago.
It is company policy that every manager on that duty must sign the paperwork on every shif, but he never does, but what annoyes me is that after his year in the post he has turned this on me
Expert:  Ben Jones replied 9 months ago.

How long have you been doing this for and when was the last occurrence?

Customer: replied 9 months ago.
Every time it was not signed I signed in my name but as always I told my boss and again he has never said anything to me, surely if I am being held accountable then why is he not as he was fully aware and has said nor did nothing,in over a year
Expert:  Ben Jones replied 9 months ago.

Ok leave it with me please I will reply fully later today thanks

Customer: replied 9 months ago.
Will I receive this by email, so that I can sign off from this please
Expert:  Ben Jones replied 9 months ago.

Notification of reply will be then you return in here

Expert:  Ben Jones replied 9 months ago.

Thanks for your patience. I would say that the disciplinary action is most likely unfair and unjustified. Whilst your actions can amount to misconduct, they had been ongoing for a long time and with the full knowledge of the manager. I am not saying that what you did was right but if you had done something wrong and it had come to the employers attention, then they are required to take any formal disciplinary action without unreasonable delay. So they should have dealt with this after the first or first few occurrences had taken place, not leave until a year later. It does appear that they are just using this as a reason to discipline at a time when it is convenient for them rather than as a genuine response to what they believe is genuine misconduct. Also this is not fraud, fraud occurs when you commit a dishonest act for personal or financial gain, which is not really the case here.

So procedurally any disciplinary action is likely to be unfair and you will have grounds to appeal the outcome of this disciplinary. I am not sure what they have said the potential outcome could be or what they have in mind but if it results in dismissal then a likely unfair dismissal claim could be pursued in the employment tribunal.

This is your basic legal position. I have more detailed advice for you in terms of the rights you have should this result in dismissal, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46146
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 9 months ago.
Hello Ben,Ian still waiting for your updated reply please,
Customer: replied 9 months ago.
One more thing please Ben, I asked my area manager for statements from our assistant director as what he has said in the last meeting will also clear my name, and this has not been provided to me with my disiplinary notes I received yesterday, can I have this meeting stopped so that this can be obtained,
Expert:  Ben Jones replied 9 months ago.

Thank you. In terms of statements, you can try and get the meeting postponed to wait for these but that is only if there is an indication that he is happy to provide these and just has not been able to do so in time However, if he is unwilling to provide statements then he postponement is unlikely to be granted.

If this was to result in dismissal and there are any doubts or evidence that this was unfair, an appeal can be submitted to the employer straight after the disciplinary outcome is communicated. If the appeal is rejected a claim for unfair dismissal can be made in the employment tribunal. The time limit to claim is 3 months from the date of dismissal and the claimant needs to have at least 2 years' continuous service with that employer.

A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.

If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.

The conciliation procedure and the form to fill in can be found here:

https://ec.acas.org.uk/Submission/SingleClaimantPage

In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

Customer: replied 9 months ago.
Hi Ben, can I please have a answer about my last question please,Thank you
Customer: replied 9 months ago.
Ben, Insimply cannot thank you enough for all your assistance with this matter, it's the best money I have spent,So thank you so very much for everything,
Expert:  Ben Jones replied 9 months ago.

You are most welcome. Just to clarify, have all your questions been answered or is there something outstanding?

Customer: replied 9 months ago.
I have my meeting on Tuesday at 16.00 in Tooting, and If I may contact you again after this to see what decision that may make, and what I will have to do next, I do hope this is ok for me to do this, and again thank you for your time, it's very much appriciated.
Expert:  Ben Jones replied 9 months ago.

Yes of course you can, just start your question with for Ben Jones and it will get to me, thanks

Customer: replied 9 months ago.
Hello Ben Jones,I had my meeting at Tooting about my Disiplinary and the same assistant area manager whom took notes on my first investigation was doing the notes on my Disiplinary, Evan though she is very influential to gala bingo, that are still saying that after I copied out your notes about fraud and the fact my general manager knew full well about it that said I still had comitted fraud at work regardless if he knew or not, but that asked for photocopies of my notes which I gave them, I also put in my grievence to my area manager about my sexual harrassment and gay comments that my general manager made about me and directly to me in front of witnesses, it's been such a long day, but as I know I have did nothing wrong, they have said they will have to speak to HR about everything and then get back to me, I have asked for a proper investigation about everything, and yet again the assistant regional manager butted in and said this will be looked at after this is finished, so I am now on tender hooks, what do you think of this sir,
Expert:  Ben Jones replied 9 months ago.

Hi at this point in time it is too early to comment to be honest, they have conducted the disciplinary and you also have a grievance in, you need to proceed with that and in the meantime wait to see what the disciplinary outcome is going to be.You can then consider what the best way to take this forward is.

Customer: replied 9 months ago.
Hi Ben Jones,I have just had a mobile call from the Investigation general manager who conducted my last meeting asking me to be at Gala Crawley on Tuesday at 15.00 to discuss the outcome, is this normal practice,
Expert:  Ben Jones replied 9 months ago.

please see post in new thread, thanks

Customer: replied 8 months ago.
Ben Jones ( urgent ). Hello Ben , well I had had my disiplinary meeting today at 15.00 at Gala Crawley, and the asst Regional manager was late as the meeting had already started, and she burst into the meeting saying, sorry we have to stop, as sue has told her to ensure that the whole thing is tight without no mistakes, then she turned to me and said sorry Barry we have to adjourn for 5 minutes so I can chat with the Invistigations general manager, then the meeting started again, and they have said the following to me,1, I am being dismissed immediatley for gross misconduct, due to fraud as due to company hand book, signing paper work on behalf of my general manager Evan in my name with his full knowledge,2. Not understanding the company monies policy Evan though I have only had 3 days training in 2years 6 months, and failing to ensure the company money was safe, what they mean by this is having variances and not doing a proper investigation as to why this has happened, yet I have never been trained in this area,3. Failing to adhere to the company hand book and failing to adhere to the correct standard policy procedure in the correct way to ensure that all company spike days are followed correctly, Evan though we could not find the correct paperwork to ensure that we knew what had to be done, and this is in my origional notes to them that I had not seen any notes at all,4, there was a 32 inch Tv to be won to the lowest number of calls, and the two ladies in question did not want the TVS, so as per policy I offered then the cash equilivant of £150 that's £75 pounds each, and as I was dealing with yet another issue I got the paperwork mixed up but still completed all the relevant paperwork and put all this into the treasurer before close of day,They said with my years of experience within gal that I should have known better, but to them I did not, so that have to dismiss me with immediate effect,So can I please ask you to look into this for me as I have 7 days to appeal this, and as you can imagin I was so gutted and so hurt by all this as I have did nothing wrong, and when I repeated about my General Manager knowing all about me signing the paperwork with his full knowledge and that I have not had the correct training, they still said I was Dismissed,I will wait to hear from you so that I can write my letter to appeal the decision,Many thanks,Barry
Expert:  Ben Jones replied 8 months ago.

Hello, thanks for getting back to me. Unfortunately your question has expired as you must post any follow up queries within 7 days of the date of the original question. If you need any further help on this subject please post it as a new question on our site - you may start it with 'for Ben Jones' so that I get it and deal with it as fast as I can. Many thanks

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