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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50183
Experience:  Qualified Employment Solicitor
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I am looking for advise on employment law please.I work in

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I am looking for advise on employment law please. I work in a business that involves a great deal of stock. It is sold directly to the public on a cash and carry basis. I am the manager of one of the branches. Three weeks ago I made a complaint about the Director of the company. The structure of the business is owners(2) - director (1) - area manager (1) and then the branch managers. As such, the complaint I made was passed to the area manager and then to the Director (to which i was making the complaint about). It did not go any higher than this person and no resolution was given to me regarding the complaint. Since then, the branch I work in had been audited. This has never happened before in the entire of my employment (18 months). The results of the audit have left me in a position of being under investigation. The audit itself, was done by someone they call an accountant (who is not qualified). This happened while i was in the branch and i was not allowed to assist or advise in anyway. The auditor also brought with him his 6 year old child who was distracting him throughout the entire audit. This took place on sunday the 24th of November 2013. I heard nothing more regarding the audit until the friday after (29th of November 2013). The director came into the branch at approximatelly 10 am saying I had 105 discrepancies and that she was going to do the stock take that day to verify. This time i was allowed to assist. Upon completion of the stock take, the director discovered that the majority of the discrepancies where to do with the auditor not counting correctly. She (the director) also discovered that stock from the branch was missing / unaccounted for. The unaccounted stock I fully explained to the director as I will just now. Since April 2013, the area manager has been directly responsible for all write off's for the branches. When the branches get complaints / issues with customer orders, they are taken to the area manager (as the branch managers are not permitted to write off stock without the area managers approval). Each of the discrepancies in the stock, have at some point been taken to the area manager to fix. In each occasion, he has told me to bin the damaged products and replace them. In almost every case, this has been without the area manager actually seeing the products. The issue is, that he has told me to do this and not actually got round to writing off the stock. So it leaves massive gaps in the stock line that cannot be accounted for. When i told the director about what he has been doing, she told me it was my responsibility to get these items wrote off and that I was responsible for the missing stock...not the area manager. The result of all this is I am now under investigation and face loosing my job due to the inactions of the area manager. Can you advise if this is legal and what my next move is?


It should also be noted, that the Director took a question and answer statement regarding this from me. She did not have any witness's to this and I was not informed of any legal rights i had to consult a lawyer first. Is this legal?

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When exactly did you start working there?

Hi Ben,7th















































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































































Ben Jones :

Hi, all I received from you as a response was "7th"- was there more to it, I need to know how long you have been working for that employer, thanks


sorry the site has been playing up a bit. ok since i initially asked advise a few developments have taken place.


first of all, been with the company 18 months..started 7th may 2012.


Now, I initially asked for advise on Monday morning (uk time). That was at 2.17 am, by 10 am i was in Jail. I have been charged with embezzlement of £7,300 by my employer. When in jail, i was offered a lawyer and spoke to one on the phone (that the police provided to me).


The advise I was given was to say 'no comment' to every question and that a lawyer would be to the jail to help me. This was at roughly 12pm. I waited until 6pm in the cell and no lawyer turned up. I spoke to the officers and asked when i would be interviewed. They asked if i wanted to wait for a lawyer and as it would have meant staying overnight in the cell to wait, i said no.


The company I worked for have all the records and as I am the manager of the branch it is only me that signs in stock to the branch. So basically, anything that goes missing is under my name whether i have taken it or not. As such, I pled guilty to the charge as I have no way at all of proving my innocence. In all honesty, I was scared that if i didnt say it was me that i would be making things worse than they already are.


The police themselves have actually been really helpful and as much as they cannot advise me, they have spoken to me off the record several times as they can see I have never been in this situation before. This is also my first offence of any kind. I was released at 1.30am the following morning and since then have had a home visit from the police. They have explained that I need do nothing at this stage and that I will receive a letter form the procurator fiscal asking me if i am going to attend court to contest the charges or arrange repayment of the money.


Sorry if this is long winded, but i really only have one question at this stage and the more detail i provide the more accurate ur answer can be. Now, the police have assured me that I will not be going to jail and that as long as i repay the money (or arrange a repayment plan) then no further action shall be taken.


1) Is this true?


2) Do i now have a criminal record as i pled guilty to the officers?


3) By arranging a repayment, am i right in saying the details will not go public?


Thank you for yoru time in this matter

Hi, this has taken quite a turn from the original question, which was an employment matter, and it has now also become a criminal matter. The two are entirely separate areas - I can only advise on the employment part and if you have further queries on the criminal part then you would have to post them as a new question on our site and a colleague will assist you.

So as far as your employment rights are concerned then the news won't be good I'm afraid. If you have been continuously employed at your place of work for less than 2 years then your employment rights will be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.). I cannot see any evidence that we are dealing with discrimination here.

If the dismissal had nothing to do with any of the above exceptions then you would not be able to challenge it and your only protection would be if you were not paid your contractual notice period. Unless you were dismissed for gross misconduct, you would be entitled to receive your contractual notice period. If you did not have a written contract in place you would be entitled to the minimum statutory notice period of 1 week. Your employer would either have to allow you to work that notice period and pay you as normal, or they will have to pay you in lieu of notice.

So the only claim you can potentially consider here is claiming for your notice period if you were not paid one and you were not dismissed for gross misconduct.

As to you further questions I can answer some but must mention again that for criminal law advice you need to post a new question. Unless you get charged with a criminal offence and are convicted in a court of law then you will not have a criminal record. Details of what has happened so far will be stored on the police database and can be disclosed if you are going to have an enhanced criminal records check for a job. Also this issue will not be made public unless it goes to court.

Hope this clarifies things for you. If you could please leave a rating for me that would be greatly appreciated. Thank you
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

ok thank you.


i appreciate that the situation has changed to a different matter however, the advise u have provided does actually clarify things for me.


Thank you