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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64712
Experience:  Qualified Employment Solicitor
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I have currently suspended after investigation. Today I

Customer Question

Hi, I have currently suspended after investigation. Today I received invite to disciplinary meeting.
JA: Have you discussed the suspension with a manager or HR? Or with a lawyer?
Customer: The reason for this disciplinary meeting is your alleged gross misconduct, specifically failure to follow cash handling procedures, falsification of petty cash expenses for your own gain and a breakdown of trust and confidence between employer and employee.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am also 4 months pregnant
Submitted: 10 days ago.
Category: Employment Law
Expert:  Ben Jones replied 10 days ago.

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Expert:  Ben Jones replied 10 days ago.

How long have you worked for this employer and what is your specific question in relation to this please?

Customer: replied 10 days ago.
I have been working for this company over 4 years
Customer: replied 10 days ago.
This relates to several instances where it is alleged that:

➢ On the 14/02/2020 – you processed £80.35 for 5 door handles and 1 lock through petty cash for your own personal use.
➢ On the 16/02/2020 – you processed £65.10 through petty cash for door handles, in which the paperwork for this period, P13 week is missing. You could not supply a receipt or remember where they were purchased. In the 1st investigation you told me they were for door handles in the restaurant that had broken. In the 2nd investigation you told me that they were not handles for the restaurant, they were for the bolts to hold the front door handles on. Following a conversation with the property team the bolts would cost around £10.
➢ On the 27/12/2019 – you processed £17.70 & £4.35 of postage through petty cash for clothing sent back to Flannels, which was for your personal use.
➢ Between P6 – P13 the restaurant spent an estimated £48 per period on postage. Two similar volume restaurants (Colchester Tollgate & Cambridge Leisure) have averaged £7.55 per period, in which you struggled to explain why this cost was so much higher.
➢ On the 31/12/2019 - £10.50 was processed through petty cash for a light bulb which was purchased from John Lewis. In the 1st investigation you stated the bulb was for the restaurant and that it was one of the high ones which needed a ladder to replace it. In the 2nd investigation you stated that it was a bulb for your home and for personal use.
➢ On the 09/01/2020 – you processed a cleaning receipt through petty cash for £114.60. On the receipt there was toilet roll holders and 2 ironing board covers. In the 1st investigation you stated that they were for Cambridge Leisure. When asked in the 2nd investigation you stated that they were for Cambridge St Andrews and were purchased back in June 2019.
➢ On the 31/12/2019 – you processed a train ticket for £37.80 which was purchased on the 6th Jul 2019. You also processed £36 for Shake Shack through under “Food for meetings”. The 6th July was a Saturday, in which you were on annual leave and you admit this was for personal use.
➢ On the 10/08/2019 – you processed through a taxi for £39.20. On the receipt the date of the taxi was 7th July, which was a Sunday. When asked what this was for you could not remember.
➢ On the 24/01/2020 – you processed a parking ticket for £14.50 through petty cash. The same parking ticket was then processed again through petty cash on the 17/02/2019.
➢ On the 16/02/2020 – the CCTV shows you completing the petty cash for week 3 and then putting it next to the computer. You explained that this was normal practice and then someone would put it in the DHL bag. On the 17/02/2020 the CCTV shows you entering the office and picking up the envelop next to the PC and then it disappears.
➢ On the 23/02/2020 – you processed £30 through petty cash for Nandoca of the month and submitted a petrol receipt as proof of purchase. You admitted that this was to claim for mileage for yourself and you kept the £30.
Expert:  Ben Jones replied 10 days ago.

Thank you. So that I can advise, what is your specific question in relation to this please

Customer: replied 10 days ago.
My pregnancy has been really affecting me from the beginning. I had a loads of problems with concentration and I have made a loads of mistakes which I admitted
Customer: replied 10 days ago.
Also I had been mentioned on my disciplinary letter
Customer: replied 10 days ago.
You should be aware that one potential outcome of this disciplinary hearing may be your summary dismissal (dismissal without notice)
Customer: replied 10 days ago.
Would this mean that decisions has already been made?
Expert:  Ben Jones replied 10 days ago.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

 

Expert:  Ben Jones replied 10 days ago.

Many thanks for your patience. If you are pregnant and that is the reason for the errors you have made then you should of course us that as the main argument in your defence. Whilst it does not provide a guaranteed excuse and no further action being taken against you, it should at least serve as a mitigating factor to explain why these incidents happened. It will hopefully reduce their seriousness and make it clear that you are to doing anything malicious or negligent and that things should improve once you are no longer pregnant and being affected in such a way by your pregnancy.

 

Finally, it is always worth bringing up the ‘D’ word - discrimination. State that you believe using actions brought on by your pregnancy or pregnancy-related issues can potentially amount to pregnancy discrimination and you would hope that the employer will understand this is not something that is permanent.

 

Does this answer your query?

Expert:  Ben Jones replied 9 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 7 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 7 days ago.
Unfortunately I have been dismissed from work today.
Customer: replied 7 days ago.
They didn’t believe actions brought by my pregnancy has been related to mistakes I have made at work
Expert:  Ben Jones replied 7 days ago.

I am sorry to hear that, do you have further questions in relation to this ?

Expert:  Ben Jones replied 6 days ago.

Hello, I am not sure if you saw my query above: do you have further questions in relation to this ?