HR advice wanted please!

[sean0801]

Originally Posted by Scubee

Under the law, he has to be 'invited' to a meeting in writing. That is where employers cock up, because they steam in without knowing what their responsibilities are.

Use the words 'disciplinary' , 'fraud' and the other word 'sack' and the emploee generally goes into a state of not knowing what the hell is going on.

Just as another thought - is there a TU? if so, get them involved - provided he is a member!

There is a union here but he isn't a member.

I'll have a good chat with him in the mornin' and maybe give you a call later.

Thanks

[Digger]

Originally Posted by sean0801

There is a union here but he isn't a member.

I'll have a good chat with him in the mornin' and maybe give you a call later.

Thanks

He doesn't have to be a member to use their reps. We used to have a number of people who would have a TU rep in a meeting and they weren't members, either that or invite the TU rep as a colleague. They will get treated the same either way, and if they're any good, will have done their research before the event.

Document everything.

Request copies of handwritten notes from all parties from the meeting.

Ask for adjournment in the meeting to take time to prepare answers, and to discuss with the rep. THey have the same right to adjourn the meeting as the management do.

Do a lot of research. Get on the web and ask the question, and quote from it if they get shirty. Speak to the Citizens Advice lot, they will have dealt with this a hundred times before, and can provide documents to back up his point of view most likely.

Check employment contracts whether he is required to inform the company of anything. He may be required to inform them if the payslip was incorrect, but not the payment, who knows.

Let us know what specific rule he has broken in their letter, they should tell him if there is any chance of dismissal at all, and if at all possible speak to someone in the know and make him take notes into the meeting. It's easy to forget simple things he needs to say in order to get the best outcome in the pressure of the investigation.

I know all this because I used to be very good at throwing people through questioning and catching them out when I knew they had done something wrong, but didn't have a leg to stand on. They will often talk their way into a hole given the opportunity, try and help him not to do this.

And remember that they don't need to prove it, they just need the balance of probability that he did what they claim he did. So the wife may have spent the money, but if on balance it seems more likely that he knew they had more money than they should have done and said nothing he could still be in hot water.

Digs.

[Scubee]

Some TU's will allow non-members to use their services, but not many. Others will provide the support on payment of backdated subs (I used to work for one which wanted a years subs, I think). I am not allowed to represent anyone who isn't a member and quite frankly, if someone isn't paying TU subs, why the hell should they get the professional help? You wouldn't expect an insurance company to pay for your car repairs if you hadn't paid your premium, would you?

To be honest, an employer doesn't even need balance of probablility, simply a reasonable suspicion. They must investigate thoroughly, and only need to act within the band of reasonable responses.

[HotpotChris]

ACAS have a free helpline that can give your mate advice. The numbers

08457 47 47 47 - Monday - Friday 08:00 - 18:00

Acas - Our national helpline and interpreting service

Chris