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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 47914
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work restaurant and i had resigned from there and they

Customer Question

i work for a restaurant and i had resigned from there and they asked me to stay after my notice period has already ended to stay and help so they have suspended me in grounds that i was voiding things at the end of the night and they are saying i stole this money however i did void things to reduce comps and my general manager knows about this however some one has used my code on the tills at the same time when i was doing this so it looks like i have done this but we dont have cameras everywhere so its limited and i am getting the blame when i havent done this i had many staff member on the floor but i cant prove anything that it was them. What shall i do? Should i attended the disciplinary hearing or should i not go at all? And if i am found guilty what will happen with me?
Submitted: 1 year ago.
Category: UK Law
Expert:  Ben Jones replied 1 year ago.

Hello are you still officially supposed to be working for them or has your employment now ended? If not how long do young have left?

Customer: replied 1 year ago.
Well the notice period that i had given was on 03/12/15 after this period i just verbally agreed to stay help the christmas period so officially i was done but i stayed to help
Expert:  Ben Jones replied 1 year ago.

If your notice period has ended and you agreed to stay on without agreeing on a specific period to do this for, you could technically leave at any time. Being suspended is not an indication of guilt and it is just used as a precautionary measure whilst the employer conducts an investigation into the allegations. If you leave now and they want to hold a disciplinary in the near future then you do not have to attend this. If they find you guilty in your absence they cannot dismiss you as your employment had already terminated. However they could potentially say in a reference that you had left whilst suspended or whilst facing a disciplinary hearing. It is not the same as being found guilty but people may build an inference from this and assume you have done something wrong. However if you are not going to rely on a reference from them this should not really pose a problem for you.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
Ok but if they think in my absence that i am guilty and they get police involved would i be arested i mean the sum of money id about £1400.00. I wouldnt ask them to be a refference for work anyway but i dont want to end up on the in jail over this. Also if i am not going to attand the disciplinary should i tell them that i am not coming and tell them that i quit and outline that i didnt do it or shall i just wait let them have the meeting without me and see what happens but i just dont want police knocking on my door after. Or you think it will be best just to go and see what happens at the meeting?
Customer: replied 1 year ago.
Also if they call police and i get arrested than what would happen after that?
Expert:  Ben Jones replied 1 year ago.

Hello please note that the employment and criminal pasts to your query are entirely separate and you need different lawyers to advise on each. So I can continue advising on the employment part but as mentioned you have to ask a separate question for the criminal side. Is that ok?