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Potential dismissal for gross misconduct

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  • Potential dismissal for gross misconduct

    Hello

    thank you for taking the time to read and hopefully advise on my Wifes situation i do apologise for the length of this however i feel it important to know all the facts not just the detail through rose tinted glasses.

    My wife works for a large hospitality company and has been in her current role for 18months although she has been with the company for just under 3 years this time round. She is a general manager and has had 3 area managers in this period the first who talked things over and the last 2 who highlight the problem and then have a disciplinary meeting. She is currently on performance improvement although the company has not provided written details of this and they have also not been forthcoming with the help that was requested at the perfomance review meeting.

    Dispute one misuse of company funds

    so down to the latest in a list of issues (which i can go further into if required) since April this year.
    My wife was confronted with a situation that a wedding was held was a bit of a disaster and the organiser demanding a full refund or he would go to the press and social media in a bid to let the world know how bad a place the venue is etc. In a compromise my wife persuaded the gentleman a full refund was not required which the gentleman accepted and agreed to meet the following day to receive his refund.

    This is where my wife has left herself wide open through a lack of paper trail although cctv does show her handing the money to the indivdual but obviously does not show how much etc. My wife tried to refund the money through the company till system but this was not possible and she tried in vain to contact the company auditor but she did not leave a message on his answer machine as he was not available. The money she used for the refund was from the deposit money from the weddings booked for next year. The money would have been replaced by utilising a check from a local archery club which by custom and practise over the years had been given in the name of the manager rather than the company name so the manager had in previous years either spent it on themselves or used it for minor repair work etc. This money was due to be paid this week and would cover 2 thirds of the refund the remaining third would have been put back by utilising excess money after costs from a ticket tribute act on november the 13th which due to tickets already sold would have easily covered the remaining third.

    The company have alledged that my wife has no evidence that she gave the refund to the guest and have inferred that she took the money for her own benefit. They have also asked how she would have paid the money back and that she would have had to have committed fraud by using further company money in order to cover the cost of the refund. The company are not aware of the custom and practise with regards the archey club money and they would not have been aware of whether there would be a surplus of revenue from ticket sales. Of course as my wife was in her mind acting in the best interests of the company she did not tell any other member of the team what she had done as within 2 weeks the deposit money would have been replaced. unfortunately whilst on holiday last week her deputy manager (who she got the General managers position in front of) found that there was a deficit in the wedding deposits and instead of asking my wife he directly emailed her boss. The company has failed to state who supplied the evidence however through 3rd parties it has come to light the chain of events and who sent the email.

    Despite my wife giving her side of the story yesterday and explaining about the refund the company told her to expect a letter to attend a disciplinary meeting this coming friday even though they made no attempt to contact the guest to confirm the refund etc. They have also pre empted the outcome of yesterdays investigatory meeting with a few odd remarks etc throughout the process including whether or not i was professional enough and would i be working the 2 casual shifts i was down to work as if they have already decided that my wife will be dismissed.

    Dispute 2 fraud due to stock control + 3 putting guests in the hotel at risk

    2) is the alledged fudging of stock figures by stating a few pints of stella were given as a prize when infact there was a shortfall in the stella count. Again custom and practise across the 4 sites my partner has worked at over the last 10 years off and on with this company has been for the general manager to be creative if required to ensure stock targets are met as failuer to meet is instant disciplinary to which my wife received a written warning back in june this year.

    3rd allegation is putting the guests of the hotel at risk and the whole integrity of the site by failing to sign off after reviewing her fire risk assesments which were due for renewal in june this year and by the fact she only did one fire alarm tests not 2 per week (but she was only made awre that was the minimum requirement the day befor we went on holiday last week.

    My wife understands she has left herself wide open but has never in the twenty odd years of being a duty manager involved in cash handling stolen anything from her employers and she is now likely to be dismissed as i stated above they have already decided to dismiss her from the tone of voice etc and they have failed to adhere to the protection of data act etc as my wifes whole team know that she has been suspended and accused of stealing company funds. again this has come from a third party as neither myself or my wife has spoked to anyone in the team as she is not allowed to do so.

    my question is is there anything we can do or do we have to wait for the inevitable to happen and on appeal bring to the table the full list of events that have transpired since April especially as she wrote to her boss explaining her position about 6 weeks ago and instead of giving her the help she requested he turned the email into a grievance procedure. My wife has also been ahving to work 60 to 70 hour weeks as her boss contuined to tell her to cut the number of hours she was using and as the only salaried member of staff it was her having to pick up the slack.

    feeling helpless but need advice again thank you for reading hopefully i have kept to the facts and left emotion to oneside

    kind regards

    Damion
    Last edited by b16dlg; 3rd November 2015, 13:29:PM.
    Tags: None

  • #2
    Re: Potential dismissal for gross misconduct

    Please do not take offence

    That is a bit long winded and you have forgotten what is at the start when you finish the last paragraph

    Try and condense it into half a dozen paragraphs highlighting the main cause of dispute

    I myself am profficient at "Skimming and Scanning" but even that is to much for me to get to grips with

    Thanks

    Comment


    • #3
      Re: Potential dismissal for gross misconduct

      sorry for being long winded

      hopefully have removed the duplication and the colours should help break up the individual issues

      Comment


      • #4
        Re: Potential dismissal for gross misconduct

        Is this better?? [MENTION=70489]judgemental24[/MENTION] [MENTION=26290]mariefab[/MENTION] ??

        1:
        misuse of company funds

        My wife was confronted with a situation that a wedding was held was a bit of a disaster and the organiser demanding a full refund or he would go to the press and social media in a bid to let the world know how bad a place the venue is etc. In a compromise my wife persuaded the gentleman a full refund was not required which the gentleman accepted and agreed to meet the following day to receive his refund.

        This is where my wife has left herself wide open through a lack of paper trail although cctv does show her handing the money to the indivdual but obviously does not show how much etc. My wife tried to refund the money through the company till system but this was not possible and she tried in vain to contact the company auditor but she did not leave a message on his answer machine as he was not available.

        The money she used for the refund was from the deposit money from the weddings booked for next year. The money would have been replaced by utilising a check from a local archery club which by custom and practise over the years had been given in the name of the manager rather than the company name so the manager had in previous years either spent it on themselves or used it for minor repair work etc. This money was due to be paid this week and would cover 2 thirds of the refund the remaining third would have been put back by utilising excess money after costs from a ticket tribute act on november the 13th which due to tickets already sold would have easily covered the remaining third.

        The company have alledged that my wife has no evidence that she gave the refund to the guest and have inferred that she took the money for her own benefit. They have also asked how she would have paid the money back and that she would have had to have committed fraud by using further company money in order to cover the cost of the refund. The company are not aware of the custom and practise with regards the archey club money and they would not have been aware of whether there would be a surplus of revenue from ticket sales. Of course as my wife was in her mind acting in the best interests of the company she did not tell any other member of the team what she had done as within 2 weeks the deposit money would have been replaced. unfortunately whilst on holiday last week her deputy manager (who she got the General managers position in front of) found that there was a deficit in the wedding deposits and instead of asking my wife he directly emailed her boss. The company has failed to state who supplied the evidence however through 3rd parties it has come to light the chain of events and who sent the email.

        Despite my wife giving her side of the story yesterday and explaining about the refund the company told her to expect a letter to attend a disciplinary meeting this coming friday even though they made no attempt to contact the guest to confirm the refund etc. They have also pre empted the outcome of yesterdays investigatory meeting with a few odd remarks etc throughout the process including whether or not i was professional enough and would i be working the 2 casual shifts i was down to work as if they have already decided that my wife will be dismissed.
        2:
        fraud due to stock control

        alledged fudging of stock figures by stating a few pints of stella were given as a prize when in fact there was a shortfall in the stella count. Again custom and practise across the 4 sites my partner has worked at over the last 10 years off and on with this company has been for the general manager to be creative if required to ensure stock targets are met as failure to meet is instant disciplinary to which my wife received a written warning back in june this year.
        3:
        putting guests in the hotel at risk

        putting the guests of the hotel at risk and the whole integrity of the site by failing to sign off after reviewing her fire risk assesments which were due for renewal in june this year and by the fact she only did one fire alarm tests not 2 per week (but she was only made awre that was the minimum requirement the day befor we went on holiday last week.
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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        But please include a link to your thread so I know who you are.

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        Comment


        • #5
          Re: Potential dismissal for gross misconduct

          I'm sorry to say I did read it all and I think you have correctly assessed the likely outcome. Dishonesty/misappropriation of money almost always leads to dismissal.

          The convoluted tale of the wedding refund is a little difficult to follow but, whichever way you look at it, she was failing to account properly for money which had been entrusted to her.

          Similarly, with the stella issue, you mentioned she had already had a disciplinary warning relating to stock control, then she fiddled the figures to disguise a discrepancy, I am afraid I think that speaks for itself.

          The only one I see a glimmer of hope for is the fire alarm testing, if they can't show that she had been made aware of the frequency requirement then that might be a defence. Are you saying though that she only did one test in 18 months or was it one a week.

          I truly am sorry this will not be what you want to hear, but I think it is more helpful to give an honest opinion.

          Comment


          • #6
            Re: Potential dismissal for gross misconduct

            Honesty is what is required at this stage,

            would it it help if I got a statement from the guy who received the refund at the very least it would prove she didn't take the money for personal benefit? The company will claim the money out of her last pay hopefully trying to prevent that.

            i'm advising resigning at this point as she still has not received her letter requesting her to attend a disciplinary meeting although this could cause reference problems etc

            Comment


            • #7
              Re: Potential dismissal for gross misconduct

              You're right, it could cause problems with references.

              I did think about suggesting you could speak to the guy who had the refund but not sure it would do an awful lot of good at this stage - if you could persuade the investigator to, that might be better - I would be anxious to avoid any suggestion of collusion.

              Comment


              • #8
                Re: Potential dismissal for gross misconduct

                My brother has spoken to the wedding party and they are putting into writing they received the refund etc.

                Forgot to mention with the stock that the written warning was given despite showing an upward trend in stock performance from taking control of the venue. Essentially target levels had never been met and were 5% below on average and at the time of the written warning it averaged less than 1% below.

                This whole situation is at the end of a six month period of events that are all documented and point towards constructively trying to dismiss although the refund thing has left the door wide open for them.

                A senior manager who is an area manager but for the hotel rather than the bar restaurant has agreed to be used as a referee for future job roles too.
                Last edited by b16dlg; 3rd November 2015, 19:08:PM. Reason: grammer

                Comment


                • #9
                  Re: Potential dismissal for gross misconduct

                  Ok, well it seems to me that you are adopting a realistic and pragmatic approach and I can't think of anything else you can usefully do at this stage.

                  The referee thing is good and this does often present a problem which you have circumvented.

                  I know nothing about the sector, is she able to evidence the improving stock performance? What would be a "normal" level of loss? I think the issue would probably not be one of stock control but rather it would be characterised as false accounting.

                  As an aside, has she got copies of disciplinary and performance management policies?

                  Why is she on a performance management plan?

                  Comment


                  • #10
                    Re: Potential dismissal for gross misconduct

                    I have also had confirmation that the archery company will confirm that the money they have paid for the last 5 years has gone straight to the manager in their name rather than the business name so could be useful, could cause further problems too.

                    On performance management although still not received her copy of the initial meeting notes etc and has been since April although due to the fact her previous boss did not follow up correctly etc her new boss has just lengthened the improvement program based on the fact the last one was mismanaged. subjective but its another tool they are trying to use to manage her out of the business i.e. trying to collate evidence to back up their paper trails etc.

                    The fire alarm testing was done every week

                    essentially her problems started when her very first manager moved areas and asked her if she wanted to move to one of his sites, in order to do so she had to discuss with her new manager and from that point on she has had a barrage of x y and z trying to manage her out of the business and constantly telling her she needed to be in a smaller site and this place was too much for her etc. By giving her the written warning for stock it basically prevented her from moving to follow her old boss as the company do not allow internal transfers of people on performance improvement.

                    I created a graphical depiction showing the upward trend on stock based on real figures which was presented at her disciplinary at the time. expected stock performance every week is 99.5% of physical stock to 99.75% i.e. a maximum of 0.5% loss. Not that it makes a difference in these circumstances i do believe its pertinent to state that she still made the company £170k profit for the year too.

                    Her face simply doesn't fit with the current management above her and they want rid of her, is what everything is pointing to, all we want to do is clear her name from a charge of misappropriate use of company funds basically as she will never work for this company again. She doesn't really want to avoid mentioning she was under suspension for this either as if it ever came to light it could be seen as misleading etc by not disclosing it at interview etc
                    Last edited by b16dlg; 4th November 2015, 07:46:AM.

                    Comment


                    • #11
                      Re: Potential dismissal for gross misconduct

                      This is so typical of hotels. They allow procedures to be bent or broken on a regular basis as long as everything is running well. As soon as something goes wrong, or they want rid of someone, they start quoting procedures and hang staff out to dry. No doubt they will do an 'investigation' which will be a sham. Every hotel I have worked at only carried out one fire alarm test a week. Failing to sign off after reviewing fire risk assessments does not put guest health and safety at risk; it just means there is a gap in your due diligence records which, if this was supposed to be done in June then the company should have queried it sooner! Stock control is always an issue in hotels, and most just put losses down to wastage or, if they have to keep wastage down, they find some other reason. The stock figures themselves wont be fudged, just the reasons for stock loss, which is common practice. Most hotels allow staff to give a certain amount of stock away free to guests as long as its accounted for; for example if a guest complains you give them a couple of free drinks while you are sorting out their issues which makes them happy and saves giving them a full refund later on.

                      My gut feeling is, your wife dared to complain and now the company are looking for a reason, any reason, to get rid. In my experience, this usually only happens with franchise hotels or small private companies who own a few hotels. The big chains who actually run or manage their hotels seem to do everything by the book and would not have allowed things to go this far.

                      Comment


                      • #12
                        Re: Potential dismissal for gross misconduct

                        wife has just had a further email from her company stating she has breached company confidentiality and has breached the terms of her suspension i.e. she is not allowed to discuss the suspension or access company information whilst suspended. This is because my brother approached the person who the refund was given to and asked them to confirm in writing receiving the money.

                        surely she has a right to provide evidence to defend herself in order to prove that she did not take the money for personal gain? and the only way was to have the person confirm they had received the money

                        she does not work for a hotel company more a pub with rooms

                        Comment


                        • #13
                          Re: Potential dismissal for gross misconduct

                          Imposition of terms of suspension cannot operate so as to prevent your wife from preparing her defence to what is alleged. I am usually the last person to quote human rights but to do so would be a clear breach of her rights under Article 6 ECHR. I really wouldn't worry about that?

                          She has the right to test and challenge any evidence presented against her and to adduce any evidence which either refutes the allegation or indeed casts doubt on it.

                          I would normally suggest that, for example, where other employees need to be spoken to, that advance notice is given to the investigating manager but in this case, it is a third party FFS!

                          Comment


                          • #14
                            Re: Potential dismissal for gross misconduct

                            Well they can only stop her communicating with employees of the company under a contract of employment,

                            A third party does not have a contract with that employer so they are stretching that a bit thin

                            Comment


                            • #15
                              Re: Potential dismissal for gross misconduct

                              They obviously just want her gone she obviously now wants to leave but feels she needs to clear her name for future job roles especially as she will be trying for positions in the same industry with the same level of trust etc.

                              i'm stuck as to where best to go now as she is obviously going to be dismissed so is she better to try to resign now or better to be dismissed and fight it

                              Comment

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