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HI My son deals with around £2,500 in cash a week he collects

 
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  • Answered by:Ben Jones
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Customer Question

HI My son deals with around £2,500 in cash a week he collects from homes every week he has done this for 8 years with an perfect record. The company policy is when they bank if they have extra funds they should bank it . the last two weeks he has been £1 and £5 over he had the money date stamped by the post office but kept a hold of it as they usually unravel and work out . he has now been suspended from the collection job he does but he still works in the office and is very worried he may loose his job

 

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Province/Country relating to question: UK

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Submitted: 344 days and 6 hours ago.
Category: UK Employment Law
Value: £22
Status: CLOSED

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Expert:  Ben Jones replied344 days and 6 hours ago.


Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know if he has breached policy through his actions?

JACUSTOMER-aw161977- :

YES

Ben Jones :

Has the money been retrieved each time?

JACUSTOMER-aw161977- :

He admitted that he done it and has the money in bags dated by the post office

JACUSTOMER-aw161977- :

he was going to hnd them in today

Ben Jones :

ok let me get my advice ready please

JACUSTOMER-aw161977- :

Thank YOU

JACUSTOMER-aw161977- :

Additional info in the last 8 years he has banked over £2million he has also been working in considerable pain for the last 4 weeks with shoulder back injury and has been on extremely strong medication that has made him unwell at times.

Ben Jones :

Being placed on suspension is not necessarily an indication of guilt and there is no guarantee that this will go any further. Under employment law, an employer has a duty to conduct an investigation before taking formal disciplinary action and the suspension is primarily used as a precautionary measure by an employer whilst they carry out their duties. The only requirement is that any period of suspension is on full pay, unless otherwise allowed by the employee’s contract of employment.

Saying that, an employer should not just go ahead and suspend, unless it is actually necessary in the circumstances. It is acceptable to be suspended if there is an allegation of gross misconduct or if the presence of the employee in the workplace could potentially damage any investigation or have some other negative impact.

If the employer’s investigation shows enough evidence to justify formal disciplinary action only then should they consider going down the formal disciplinary route. If that does happen the employee will get the right to be informed in advance of the allegations against them and also get the opportunity to formally defend them.

On the other hand, if the investigation does not find enough evidence to justify a disciplinary, the employer should just drop this issue and allow the employee to return to work as normal.

At this stage he is very much innocent until proven guilty. He has breached policy and that may result in disciplinary action, however I would not say that dismissal would necessarily be a fair outcome, especially as he has been working there for 8years without incidents and this is to do with a very small amount of cash, which has also not gone missing.

He should cooperate with his employer's investigation and see where they take this. If it goes to a disciplinary he can defend the allegations but if this results in dismissal, after appealing he can consider a claim for unfair dismissal in the employment tribunal.

JACUSTOMER-aw161977- :

Thank You very Much great advice

Ben Jones :

My pleasure. Unless you need further help, I would be grateful if you could please quickly click to rate the service I have provided you with before leaving and choose one of the following options: OK Service, Good Service or Excellent Service. If you feel the need to leave a lower rating, please reply to me first with any further questions you have. I will be happy to assist further and clarify anything you need me to. Thank you

Expert TypeSolicitor
Category: UK Employment Law
Pos. Feedback: 98.0 %
Accepts: 7295
Answered: 7/10/2012

Experience: Expert in UK Employment Law

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Customer replied342 days and 3 hours ago.

HI further to our earlier correspondence ny sin has a hearing tomorrow where he is accused of non adherence to the company cash collection policy he has admitted to two offences and he has stated it has happened in the past but no more than a handful of times. what i have suggested is that he apologise for the error. here is his statement i would welcome your comments."

1st I apologise for my oversight and any inconvenience it has caused the company.


 


I would like to make clear this is a very rare occurrence and one that has happened very rarely over the last 8 years and the tens of thousands of bankings I have made.


 


When I referred to previous occasions it was along time ago and at the time I can recollect being told by management if its a quid or two just put it in as you probably find in the corner of the safe or on the floor of the car.


 


From what I can recollect on the vary rare occasion this has happened it has been me putting the shortage in rather than the other way.


 


Regarding the missing £6 I have the money in the bags date stamped by the post office and I am now returning this to you.


 


Why did I do this as I have an excellent record over my 8 year career to be frank I don’t know, I have been on powerful painkillers for shoulder and back pain so if this has effected my judgment I can only apologise again.


 


I can confirm that I have always ran my account honestly and I believe that considering the amount of cash handled many millions my record is as good as anybody in the company.


The constant audits on my account prove this


 


these small errors of judgement are a one off and will never happen again.


 


I would like you take into account my commitment to the company over the last 8 years, the many unpaid hours and assistance in any area that the company required."

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Expert:  Ben Jones replied341 days and 14 hours ago.

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