noggin1969 wrote:I would say the " facts " go in your favour , after 30 yrs of service would even the most stupid of thieves take something directly traceable to them then leave the evidence in an easier findable place which traces directly back to them. Ask if there is any CCTV footage of you receiving the package. https://www.gov.uk/request-cctv-footage-of-yourself" onclick="window.open(this.href);return false; . You can ask to see it under the DPA but however if RM intend to prosecute they can refuse.
This is what my solicitor basically said. I will be asking for the CCTV footage of me collecting the parcel and then also the CCTV footage of the van from 6:30pm to the time it left the yard with the other bloke who handed in the parcel.
The parcel was found in the shelf above the windscreen which is bizarre because I line up my parcels in the back of the van... Never carry parcels in the front. There's never room!!
meercat wrote:From what you have posted they have NO grounds to suspect you over someone else. Tell them you are being discriminated against and that is illegal and they need to reinstate you with immediate effect OR suspend EVERYONE who could have stolen this packet - which would INCLUDE the guy who found the empty wrapper.
They have named me as the duty owner of the van, I take the van home every night as do a lot of men in my office whic management have agreed. But sadly this does not go in my favour. My van was in the yard from Thursday-Friday afternoon when I came back in on afternoon overtime (Friday was my rest day)
but it was a week later so it could've been anytime or anybody in that week. plus if you'd nicked it you would hardly be going to leave the empty box in you're van. its a stitch up.
Well this is my case. After 30 years, I'm not stupid enough if I was a theif to steal something I know is traceable back to me and also leave the "evidence" in my van which was going into the office for another user on my day off.
I can only pray that my truth and honesty will show me through.
The DOM suspended me but he has handed the fact finding to the ADOM? Can the DOM dismiss me?
daveyeff wrote:no, he has to pass it up. I would definitely be on the phone to the branch and be getting area rep/div rep involved.
I have the deputy area rep coming tomoro now. He's meeting me and my daughter (he agreed) at 9am. I discussed over the phone with him and he's said he's not really sure what case they have and he said they would fight it all the way with me.
Any advice for a fact finding and what I can expect?
they will ask you questions regarding the packet and the facts surrounding it. I don't think you will be hit with anything unexpected because you simply have nothing to hide. if you are (and I expect you will be) totally honest and you know in you're own mind you did'nt do it, then you will fly through the fact finder and as you're rep suggests, I don't think they have a case. as a previous poster said, they should be suspending everybody would had access to the van not just you.
weary_posty wrote:It's worth remembering with these situations that it is down to them to prove your guilt, not you to prove you're innocent.
Just try to stay calm and be totally honest. Speak with your local rep. He/she will be able to assist you where possible.
Good luck
Actually royal mail don't even need to prove that, they can dismiss you and would win an employment tribunal if they can show reasonable believe, they actually don't even need to prove who stole it or even if it was stolen to be able to dismiss over it
this being the case, then what's to stop them 'stitching' ANYONE up they wanted rid of? stick an empty tracked parcel in anyone's van and say you nicked it. if they don't need to prove it then you're gone.
stitching people up can happen as well but again all that is needed for an employment tribunal win is that there was reasonable suspicion and they follow a reasonablw process to dismiss they do not need to prove anything
meercat wrote:From what you have posted they have NO grounds to suspect you over someone else. Tell them you are being discriminated against and that is illegal and they need to reinstate you with immediate effect OR suspend EVERYONE who could have stolen this packet - which would INCLUDE the guy who found the empty wrapper.
on what grounds would he claim illegal discrimination? just because only one person is suspended does not make it a form of illegal discrimination
meercat wrote:From what you have posted they have NO grounds to suspect you over someone else. Tell them you are being discriminated against and that is illegal and they need to reinstate you with immediate effect OR suspend EVERYONE who could have stolen this packet - which would INCLUDE the guy who found the empty wrapper.
They have named me as the duty owner of the van, I take the van home every night as do a lot of men in my office whic management have agreed. But sadly this does not go in my favour. My van was in the yard from Thursday-Friday afternoon when I came back in on afternoon overtime (Friday was my rest day)
but it was a week later so it could've been anytime or anybody in that week. plus if you'd nicked it you would hardly be going to leave the empty box in you're van. its a stitch up.
It could have been anyone else but they will be able to see what day it was received in office and who was covering that duty that day and what van they used and if that all ties up with the van found in the case can begin to look murky pretty quickly
I will say this, normally it wouldn't go straight to suspension ib are normally involved and test letters put out to give extra proof if needed, I would be asking if this has happened as if not could be said a reasonable investigation was not done
Two words frightening, and stitch up. If they get away with this, none of us are safe. You have been in the business 30 years. During that time you must have fallen out with people. Could be as simple as that. One of your colleagues who you may have upset in the past maybe trying to work you out. Either that, or some thief simply stole the contents of that packet and dumped the empty packet in the first available van that they saw. What I can say Evan though I don't know you I believe you are
1000% innocent. Nobody would steal something and leave the evidence in their own vehicle to be found. Your like me. When you want money you work o/t not steal. At the moment there is always earning opportunities should you need it. That is why I have no sympathy for thieves. Hope they catch the real thief, reinstate you, and let you get on with you career. Good luck, and I really do mean it. Because what has happened to you could happen to any one of us.
Okay, so we had the FF interview last week. It went as well as it could have, as I said there isnt much I can say regarding the actual parcel as I had never even seen it to begin with.
There is lots of things that have been thrown in, and my Union rep has said there are lots of technicalties that if it went to dismissal of me we could look to use at a tribunal but of course I dont want to get to that.
What is the next step? My manager is off on annual leave this week...are they goverened by timescales or can this drag on for a lot longer?
meercat wrote:From what you have posted they have NO grounds to suspect you over someone else. Tell them you are being discriminated against and that is illegal and they need to reinstate you with immediate effect OR suspend EVERYONE who could have stolen this packet - which would INCLUDE the guy who found the empty wrapper.
They have named me as the duty owner of the van, I take the van home every night as do a lot of men in my office whic management have agreed. But sadly this does not go in my favour. My van was in the yard from Thursday-Friday afternoon when I came back in on afternoon overtime (Friday was my rest day)
but it was a week later so it could've been anytime or anybody in that week. plus if you'd nicked it you would hardly be going to leave the empty box in you're van. its a stitch up.
It could have been anyone else but they will be able to see what day it was received in office and who was covering that duty that day and what van they used and if that all ties up with the van found in the case can begin to look murky pretty quickly
I will say this, normally it wouldn't go straight to suspension ib are normally involved and test letters put out to give extra proof if needed, I would be asking if this has happened as if not could be said a reasonable investigation was not done
No nothing else was investigated, it was this one incident that has been brought to the table. So an isolated event.
I was also allowed to work the Friday afternoon and the Saturday morning, after the 'evidence' had been found, before rumors hit me and I approached the management to clear my name, which was then the DOM said I would have to go home and the following Monday had the official suspension meeting.
It makes a nonsense of any claim that the security of the post is threatened if they let you work Fri and Sat after the fact.
"A third of the world's farmland is now useless due to soil degradation, yet we still keep producing mouths to feed. And what's you answer to that? Energy saving lightbulbs?"
Sir Henry wrote:It makes a nonsense of any claim that the security of the post is threatened if they let you work Fri and Sat after the fact.
I appreciate what you've said. However they've said that they thought I'd have a better explanation than I did on the Saturday, when I approached my mgr not them approaching me. Although I don't know if he'd planned to but I had seen a few times on the Sat morning and he never said anything.
I just don't understand why it's dragging on?
I've been suspended for almost a month now. I had my fact finding interview, my union rep has rung me to tell me they've viewed the CCTV and there was nothing untoward on there, but it could be another 2 weeks before anything.