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  1. #1
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    Default Sleeping On The Job Accusation

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    Hello guys.

    Am just curious if anyone working in security has had to go through this kind of thing before. Long story short, I've been accused of sleeping whilst on duty as a security guard (rest assured this was NOT the case) and am wondering where I stand on this?

    Other than me asking them to produce proof of the accusation I can't think of anything else that I can say or do. I have already stated that my company can check the security logs I wrote for the day in question (which they took photocopies of) but other than this I'm at a loss.

    Thus far all I have been told by a friend who has some legal expertise is that they shouldn't be able to do anything since they've been unable to provide any evidence to show the accusation is true other than the word of the person who reported it (the guy is a bit miffed that his wife was removed from her reception post due to being incompitent at her job and I think he is blaming the security team for it which includes me). Just to clarify he works for the same company and was the one who recommended his wife for that post to our manager (who he's good friends with it seems).

    Any advice will be welcome and if anyone can recommend some good legal council I can consult that would also be very useful. I don't want something like this smearing my record especially when it's not true so want to fight it with everything I can. Am just at a loss on where to start.

    Thanks in advance.

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    Unfortunately Ammo this sort of accusation is an occupational hazard with night security work. I have had a few myself over the years & they were groundless.
    What happened was that I was moved to another site no other action was taken as it was an unproven allegation.

    What does happen is the client asks that the guard be removed or the company on receiving an alegation/complaint move the guard.

    Sometimes some sort of disciplinary action is instigated but in my experience very rarely.

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    You should not need legal council good or otherwise (yet).

    His word against yours. Are there any other accusations recent or in the past that may provide support to his claim?
    Is there any CCTV footage from the location in question to show you asleep?
    Was the company provided with a mobile (digital) picture of you asleep from the person that aledgedly cought you?
    Is there anyone that can voutch that you were NOT asleep?

    If its a case of one word against the other, they will find it very dificult to prove and to dismiss you.

    Read through your Employee Handbook, this will outline your legal rights in so far as the company's disciplinary process goes.

    Off the top of my head, you should be notified in writing of a hearing date (meeting with boss) at which you are entitled to have a witness / representative. This could be a friend or colleague, if you are in a union, one of their area reps of you may even be able to get an ACAS rep along.

    At this meeting the company will put the case / evidence to you at which point you get a chance to respond.

    The meeting should be minuted or recorded.

    You may get the result / decision right away, and you should also get it in writing later.

    All things being equall it should just get written off as tosh, but the process should be correct.

    If it does not, your handbook should outline the company appeals procedure.

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    That's the funny thing - this was during a day shift. :-/

    I'll try keep this brief but on my shift (6am - 6pm) I completed all my daily tasks and such and being a Sunday the building I was looking after was quiet so generally on the weekends in situations like this we're allowed to put the radio on. I was sitting back in my chair listening to music and someone came onto the site (saw the barriers go up at the front on CCTV). After checking the system I knew it was the relief guard (who works primarily as a techy of some sort with the same company I work with). He came into the office and must have thought I was sleeping since I was sitting back in the chair. We chatted, he eventually took over at 6pm and next thing I know last week (this happen back in December) there's a woman from HR here wanting to talk to me about someone accusing me of sleeping! She then explained who it was and asked my side of things and said she'd get back to me once they made a decision.

    I spoke to the facilities manager of the site I work at this morning and she's keeping well out of it saying it's an internal issue that needs to be dealt with internally (the one accusing me is working for my company not the client) and that hopefully it will get resolved.

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    My response above still stands. Check your handbook; any/all employers have a legal duty to go through a process in this regard; popping down to site and accusing you there and then while asking your response does not constitute proper process...

    Do you have an employee handbook?
    Is your employer "reputable" / SIA Approved Contractor or ISO 9001 etc?

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    Quote Originally Posted by rupert View Post
    You should not need legal council good or otherwise (yet).

    His word against yours. Are there any other accusations recent or in the past that may provide support to his claim?
    Is there any CCTV footage from the location in question to show you asleep?
    Was the company provided with a mobile (digital) picture of you asleep from the person that aledgedly cought you?
    Is there anyone that can voutch that you were NOT asleep?

    If its a case of one word against the other, they will find it very dificult to prove and to dismiss you.

    Read through your Employee Handbook, this will outline your legal rights in so far as the company's disciplinary process goes.

    Off the top of my head, you should be notified in writing of a hearing date (meeting with boss) at which you are entitled to have a witness / representative. This could be a friend or colleague, if you are in a union, one of their area reps of you may even be able to get an ACAS rep along.

    At this meeting the company will put the case / evidence to you at which point you get a chance to respond.

    The meeting should be minuted or recorded.

    You may get the result / decision right away, and you should also get it in writing later.

    All things being equall it should just get written off as tosh, but the process should be correct.

    If it does not, your handbook should outline the company appeals procedure.

    No accusations of any kind in the 4 years I have been working in DS or guarding (hence I'm kind of miffed that this has come up) and no evidence video footage wise (CCTV) and none that I know of unless he managed to break into my room while I was asleep at home. :-/

    Only ones who could possibly vouch for me would be staff who came on site (those who actually saw me as they walked past the room or heard me in there) and the call centre we use for check in calls (done every hour).

    At this first meeting I had last week I wasn't told it was happening, was sprung on me by surprise. It was just the lady from HR and myself present and she never said anything about me being able to have anyone else with me and such but did ask my side of things and was minuted.

    Not heard anything else thus far though (although word is that there's supposed to be a meeting scheduled for tomorrow which I've only heard on the grapevine and not actually been informed about).

    There's an employee handbook which I will have a look at right now...

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    Let me know what it says; I would be amazed if this is kosher.....

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    Quote Originally Posted by rupert View Post
    Let me know what it says; I would be amazed if this is kosher.....
    Word for word, this is what it says under the disciplinary policy in the handbook:

    It is everyone's interest to maintain good standards of conduct and attendance and co-operation. Breaches of discipline are therefore dealt with as quickly and as fairly as possible in order to minimise disruption and to preserve a good working environment.

    Minor issues will be dealt with informally by the employee's immediate manager, who may issue a counselling note. In the event of a more serious breach of discipline, after a consultation with a member of the HR department, the company may take any of the following actions based on the severity of the offence:

    Suspension
    Demotion
    Written warning
    Final written warning
    Dismissal

    In all cases, no disciplinary action will be taken until the case has been fully investigated. At every stage in the procedure, the employee will be advised of the complaint against them and will be given the opportunity to state their case. At all stages the employee has the right to be accompanied by a trade union representative or work colleauge during the disciplinary meeting(s). Employees also have the right to appeal against any disciplinary penalty imposed.
    where the company is satisfied that gross misconduct has occured, the result will normally be instant dismissal.

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    I haven't read all the posts in detail, but who has accused you?

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    Quote Originally Posted by Pyrene View Post
    I haven't read all the posts in detail, but who has accused you?
    He's a guy who works with the same company as me. Works as a technician of some sort (handles all the maintainence and electrical problems that pop up on the sites the company provide facilities services for in the area) but also doubles to provide relief cover for security staff when we need him (i.e. when none of the normal security staff are able to cover). Not sure what his official position is or anything as such but he's no supervisor/manager as far as I know.

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