Poll: suspension from work

Should the OP be banned?

  • Yes

    Votes: 185 80.4%

  • No

    Votes: 45 19.6%
  • Total voters
    230
dowie said:
It is a bit off that they didn't give you advanced waring that it was a disciplinary meeting - AFAIK they usually should and you should be able to bring along a witness
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THIS is a VERY important point in your case.

If the company does not correctly follow the disciplinary procedure then you would win if you took it to a tribunal (assuming you get disciplined at the end of the company's investigation)

They HAVE to invite you to a formal meeting in writing and allow you to bring a witness
the witness can either be another employee or a trade union rep.
anyone outside of that is at the company's discretion.
 
Do not be silly he has effectively admitted theft.
It absolutely does not wash that you buy a card with your 20% discount and then buy something else with the card to get 40% discount and that "might be allowed".

Gross misconduct , sacked.

No tribunal will back someone in this situation.
 
MassiveJim said:
THIS is a VERY important point in your case.

If the company does not correctly follow the disciplinary procedure then you would win if you took it to a tribunal (assuming you get disciplined at the end of the company's investigation)

They HAVE to invite you to a formal meeting in writing and allow you to bring a witness
the witness can either be another employee or a trade union rep.
anyone outside of that is at the company's discretion.
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I think you're misunderstand what's happened to date. Company has carried out a fact finding investigation and subsequently suspended him UNTIL the formal meeting is to take place. There's no requirement to give prior notice to an investigatory/fact finding meeting.
 
I was talking to one of my Solicitor work colleagues about this and she says that unless the company can bring documentation/rules/policies about what he has done is wrong then they have no case.
 
amazingly , discount abuse is one of the main ways people get sacked from my work

you can not do your job , be abusive to the people around you , even get caught stealing and get your job back

but buy someone else stuff with your discount card and your out!
 
Dimple said:
I was talking to one of my Solicitor work colleagues about this and she says that unless the company can bring documentation/rules/policies about what he has done is wrong then they have no case.
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true!

he says theres nothing in the guidelines to stop him doing what he has done , if thats right then hes got nothing to worry about. even if it is a bit dodgy!

where i work the discount card rules are so strict its sometimes easier just to leave the card at home
 
while it may be possible the company does not have such rules set in stone I would be stunned if that is the case

This sounds like a big retailer and there is no way they have a 20% discount card scheme without very tight rules on use one or more our OP will have fallen foul of. (the company is big enough they tracked the evidence).

Your solicitor friend must know this but being a solicitor (ie a ****) he will not have mentioned this.
 
Domi said:
while it may be possible the company does not have such rules set in stone I would be stunned if that is the case

This sounds like a big retailer and there is no way they have a 20% discount card scheme without very tight rules on use one or more our OP will have fallen foul of. (the company is big enough they tracked the evidence).

Your solicitor friend must know this but being a solicitor (ie a ****) he will not have mentioned this.
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Sould you ever have need of legal representation I very much doubt you'd talk of solicitors in such bone-headed terms.
 
DoneADougalOnSofa said:
Is anyone really surprised the OP hasn't posted?

In his situation I don't think I'd ever come back to this thread!
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I've just read the whole thing and we're now on post # 250. I feel that the OP has trolled us readers, and I think that alone should deserve a small 'holiday' from OcUK / GD :-)

As for whether the OP was in the wrong: doing it once could be passed off as an honest mistake, but he said he's done it 10 times in a certain price range (£20-£70 IIRC), so he knew what he was doing.
 
I suspect that it's more the case that the OP has probably been told that talking about what is going on on a public forum whilst the investigation and any form of punishment (if applicable) is decided is probably rather foolish.
 
The person who authorized the system to be set up like that is at fault.

Accounts are at fault for not spotting this sooner.

Management are at fault for not realizing a such a flaw is exists and ensure a procedure, pre-dating the first incident, is clearly written.

As such if this went to Tribunal I believe the OP would win for the companies failure to be clear.
 
Get prepared for a fight. They should have given you notice that it was a disciplinary hearing and let you bring in a colleague / union rep as a witness.

It's hard to tell if you're playing dumb but saying you can't remember something that happened a week ago won't look good, try and remember this detail or work it out somehow.

Make a point that their systems allowed it and that you are willing to pay back any money if you value the job, however losing the job could end up being a blessing in disguise so don't sweat it too much if not ;)
 
Allways thought it had to be 48hours notice of a disciplinary hearing in writing along with it saying you can bring a witness, When going into the meeting they should also confirm if/if not you have brought a witness in with you
 
FunkyCowie said:
The person who authorized the system to be set up like that is at fault.

Accounts are at fault for not spotting this sooner.

Management are at fault for not realizing a such a flaw is exists and ensure a procedure, pre-dating the first incident, is clearly written.

As such if this went to Tribunal I believe the OP would win for the companies failure to be clear.
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Assuming he's a model employee, I'd probably push for a 'first and final' warning.
Whilst hastily closing up the loophole.
If there was any other dodgy activity on record it would be instant dismissal.

There is a tiny amount of mitigation in that the system is flawed, but if I leave my keys in the car whilst nipping into the shop and you steal it, yes I was negligent on some level, but that does not excuse what is basically theft.
There is further mitigation if they have not followed disciplinary guidelines, especially for a serious breach.

In the real world I'd have to assume the company will move toward instant dismissal, why have a chancer on your books when there are plenty of trustworthy people looking for work?

Trying to see it from both sides here, but realistically there are 3 outcomes,

1) resign
2) prepare for a real fight (get representation), if he wins he'll have no prospects in the company and will need to find new work anyway but could buy some breathing space
2) if he loses he'll be sacked and will have to disclose this when applying for jobs

It's a question balancing the risk and I guess a lot of that depends on his personal circumstances.
 
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Mitzy said:
I think you're misunderstand what's happened to date. Company has carried out a fact finding investigation and subsequently suspended him UNTIL the formal meeting is to take place. There's no requirement to give prior notice to an investigatory/fact finding meeting.
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This is a good point, the company has every right to have a meeting with all parties to allow them to consider if the formal disciplinary route is needed.
They may well choose to immediately suspend a person based on the outcome of an 'informal' meeting, although I would expect that to be on full pay.
It's good practice to do this.
 
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In theory, if what he did was ok, then he could set up a business reselling the companies products 20% cheaper, whilst netting himself a nice 20% cut himself.

Shrewd move.:cool:
 
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When I read the OP first, I thought he was just buying a lot and was maybe selling the odd one on for a bit of money.. didn't realise he was then using a few himself and getting a second discount. That is pretty bad :o
 
Illusion said:
Get prepared for a fight. They should have given you notice that it was a disciplinary hearing and let you bring in a colleague / union rep as a witness.

It's hard to tell if you're playing dumb but saying you can't remember something that happened a week ago won't look good, try and remember this detail or work it out somehow.

Make a point that their systems allowed it and that you are willing to pay back any money if you value the job, however losing the job could end up being a blessing in disguise so don't sweat it too much if not ;)
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It wasn't a disciplinary hearing by the sounds of it, just a fact find ahead of said hearing.

Why do people struggle to grasp this?
 
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