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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: UK Employment Law
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Experience:  solicitor
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can i question a work colleague who has accused me of theft

Resolved Question:

can i question a work colleague who has accused me of theft at my disiplinary hearing
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  UKSolicitorJA replied 1 year ago.
Hello,

I am afraid you cannot insist on questioning your colleague, you need to dispute each and every allegation made against you and if possible show evidence to back you up, your employer will then have to decide what action to take against you or to give you the all clear.

Your employer can discuss your defence with your colleague, but not you I am afraid unless your colleague and your employer agree that you may do so.

Hope this helps. Please leave feedback
Customer: replied 1 year ago.

also the camera footage has been stilled when it is a 24 hour security camera so it doesn't show the whole transaction surely as this person assisted with the items how can he make an allegation 2weeks later, all interview tapes have been edited and they havent asked the customer for his proof although i have evidence of purchase for one of them, my nline manager has not kept me updated and as he is my only port of call for contact he will not return any calls or emails i have sent him i am a new manager and most of the staff who are very clickey do not like the fact that i have asked them to do their jobs it seems i am on a losing battle and am 100% innocent

 

Hello are you still there i do need your advice on what i can do it seems the staff and my line manager are in this together, as a manager in the last few months i have brought alot of sales in so my ability is not in question i even have a receipt for a jubilee clip i purchased for 90p what can i do?

Expert:  UKSolicitorJA replied 1 year ago.
How long have you been employed for?

Customer: replied 1 year ago.

i am nearly at the end of my 6 month probation, the problem is mainly i was employed to bring sales in and get the staff to do their jobs as they had fallen into a soft approach my line manager who employed me is very friendly with certain members of staff that i have had to have words with and since the allegation my line manager has not been interested or supportive towards me, i only have two members of staff who contacted me and have tried to assist otherwise i have had to deal with this on my own, can you advice anything i can do as already mentioned the camera footage is only particular still shots one interview tape inaudible another stops and starts the staff member who made this allegation left it two weeks till reporting and has been allowed to continue working in the branch where paperwork went missing although he assisted in putting the items in the customers van

sorry also the inhouse security man gave out information as to why i had been suspended which the n travelled to various customers staff etc so i made a grievance against him he was taken off the investigation on the 13/3/13 but on the 14/3/13 he went to my place of work and went through my desk and my personal case without permission from me in front of all the staff in the office, again he is a close friend of staff members i have had to speak to

Expert:  UKSolicitorJA replied 1 year ago.
I am afraid you do not have the minimum period of service to bring an unfair dismissal claim if you are let go.

I would advise you to take a non confrontational approach, say your side of the story and see what happens as your employer is only required to have reasonable suspicion of wrongdoing on your part to take action against you.

You could challenge the fact that the CCTV is missing and say that there is no evidence against you as such.

Sorry but I am afraid from a legal point, there is not much else that can be done. I can only advise you frankly.

Please leave feedback
Customer: replied 1 year ago.

i appreciate what you are saying but surely due to the fact this staff member reported his feelings 2weeks later and there is no camera footage showing he assisted and he has been allowed to stay in the branch with access to paperwork to prove purchase by the customer (which apparently has not been found) that isnt right also no-one except a colleague has approached the customer who incidently is very angry as it a way he is also being accused of wrong doing

Expert:  UKSolicitorJA replied 1 year ago.

You may lodge a counter grievance/complaint against your colleague, your employer would need to look into your grievance as well against your colleague which could lead to them also being investigated.

 

 

Your original query has been answered. Please leave feedback

Customer: replied 1 year ago.

one last thing if i was to lodge a counter grievance against this member of staff would this mean they could not make a final decision against me tomorrow and just to continue the situation? ( i would note if they dismiss me i will be taking it to tribunal)

Expert:  UKSolicitorJA replied 1 year ago.
It depends, they may or may not make a final decision tomorrow despite your counter grievance.
UKSolicitorJA, Solicitor
Satisfied Customers: 3630
Experience: solicitor
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