suspended from work....need advice

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maddog

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stevie.
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Yesterday i was suspended from work. Our company had h&s day at a local hotel, at the end of the period i was pulled to the side by site agent and manager to be told that there was a serious allegation about me, and i was suspended and they would write to me at the end of the week. I am on full pay, but feel its a bit wrong that not only haven't i been told the nature of allegation but also recieved no formal notification of it.
Surely this constitutes a breach of any rights i have to organise a case of defence, should i require to do so?
 
Or if in a Union speak to them.
 
Are you a member of a union? If so, get in touch straight away. If not, consider joining straight away.

An employment law specialist wouldn't be able to advise you much until the nature of the allegation has been revealed, but could advise you in terms of how to handle yourself.

I would record all conversations (you don't need to advise that you are recording, IIRC as long as one party in the conversation is aware that the conversation is being recorded it is perfectly legal.)

Don't admit to anything, don't get drawn in to any debate or conversation about anything, insist on the allegation being put in to writing before responding. At this point, legal advice would certainly be recommended.

I have a friend who is going through a tribunal for unfair dismissal after an allegation was trumped up in order to get rid of him rather than offering redundancy (which a few long terms staff would have jumped at at significant cost).
 
Excellent advice above. Several friends are senior managers at various places and deal in these issues. They would definitely advise you to speak to your Union rep - if you can trust them! Union reps are loacally based and not always unbiased and impartial as they should be. Get legal advise immediately just so you and your employers know you are taking the situation seriously.

Most importantly: DO NOT be ttempted to phone around work colleagues etc. to try and discover what the allegations are. The best, but most difficult approach, is to have no contact with work whatsoever until they contact you and then be very careful what you disclose in your contact. In preference, you will insist - as you have a legal right to - have representation with you during meetings with them (this can be your solicitor or union rep).

Good luck.

Peter
 
As above ^ with the addition of take a recording device with you into any meetings, lay it out in the open and switch it on, then tell everyone clearly what it is and what it is doing.

Don't be tempted to go into any meetings by yourself, you MUST take a witness along for your own protection.
 
The fact that there has been no notification of suspension in writing would sit uncomfortably with me. I would ask to get it in writing that an allegation has been made and you are suspended (and get them to put down details of the suspension...when is it til? Is it full pay?).

Then I would 100% most definitely, seek legal advice. If not from a union rep, from an employment lawyer / solicitor. With the best will in the world from everyone here (and some great advice has been given), it won't mean much if you do or say the wrong thing in the wrong manner.
The second best bit of advice is don't contact work. You've been suspended so keep your distance, as that could go against you. (It may even be purported that you were guilty of the allegation and trying to cover it up by 'ringing round'). You wouldn't do that I'm sure, but you have to play these things very very carefully.

Also, I'm sorry to have to ask this, but.....Do you have any honest inkling as to what the allegation may be, and more importantly is there any truth in it?
I'm not making a judgement here btw :)
 
If your employer has a discipline/grievance procedure get hold of a copy and ensure the correct process is followed to the letter.
 
If you're a member of a union, they'll almost certainly be able to refer you to a solicitor for free advice should they think it necessary.
 
My Mrs is a senior HR Manager - PM if you have any information that you want checking out from a legal perspective.

As all the above said though, say nowt to the company, and make sure that you take somebody with you to any meetings with the company you may have, investigative or disciplinary - this does not need to be a Union Rep or Solicitor, it could be just a friend. However, even if you're not in the Union, it might be worth speaking to your rep, as they may still come with you to the meetings if you ask them.
 
As above.

Seek legal advice via a union rep if you are a member. If not, or if they delay assigning you a legal advisor, then get one yourself.

Start a log of who said what/when etc and file/copy/keep ALL communications from here on.

Take a long hard look at your contract of employment. Paying particular attention to termination and grievance procedures.

And don't rely on advice from a photography forum ;)

Good luck.
 
NorthernNikon said:
Are you a member of a union? If so, get in touch straight away. If not, consider joining straight away.

An employment law specialist wouldn't be able to advise you much until the nature of the allegation has been revealed, but could advise you in terms of how to handle yourself.

I would record all conversations (you don't need to advise that you are recording, IIRC as long as one party in the conversation is aware that the conversation is being recorded it is perfectly legal.)

Don't admit to anything, don't get drawn in to any debate or conversation about anything, insist on the allegation being put in to writing before responding. At this point, legal advice would certainly be recommended.

I have a friend who is going through a tribunal for unfair dismissal after an allegation was trumped up in order to get rid of him rather than offering redundancy (which a few long terms staff would have jumped at at significant cost).
Click to expand...

NorthernNikon said:
Are you a member of a union? If so, get in touch straight away. If not, consider joining straight away.

An employment law specialist wouldn't be able to advise you much until the nature of the allegation has been revealed, but could advise you in terms of how to handle yourself.

I would record all conversations (you don't need to advise that you are recording, IIRC as long as one party in the conversation is aware that the conversation is being recorded it is perfectly legal.)

Don't admit to anything, don't get drawn in to any debate or conversation about anything, insist on the allegation being put in to writing before responding. At this point, legal advice would certainly be recommended.

I have a friend who is going through a tribunal for unfair dismissal after an allegation was trumped up in order to get rid of him rather than offering redundancy (which a few long terms staff would have jumped at at significant cost).
Click to expand...

Very good advice here, just to add in most cases of alleged harrasment the employer will suspend the alleged offender without putting it in writing,(not saying this is your case, but just giving an example) pending an investigation, then they should notify the person in writing as to when this investigation will take place, all this should be in there policys and procedures, which they have to give you a copy of.

When you have an investigation under no circumstances attend on your own, have a witness present preferably an experienced union rep, or if you can afford it a solicitor who deals with employment law, for more info take a look at the labour research department website HERE also take a look at the Acas website which may also be helpful, best of luck with it, and i hope it works out for you :)
 
Marcel said:
The fact that there has been no notification of suspension in writing would sit uncomfortably with me. I would ask to get it in writing that an allegation has been made and you are suspended (and get them to put down details of the suspension...when is it til? Is it full pay?).


Also, I'm sorry to have to ask this, but.....Do you have any honest inkling as to what the allegation may be, and more importantly is there any truth in it?
I'm not making a judgement here btw :)
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I am on full pay, the only thing i was told is that he (the site agent) felt he had to suspend me untill he investigated the matter, it was a to quote him "a very serious allegation made and he couldn't rely on one person, but it is in writing"

candlestick said:
My Mrs is a senior HR Manager - PM if you have any information that you want checking out from a legal perspective.

As all the above said though, say nowt to the company, and make sure that you take somebody with you to any meetings with the company you may have, investigative or disciplinary - this does not need to be a Union Rep or Solicitor, it could be just a friend. However, even if you're not in the Union, it might be worth speaking to your rep, as they may still come with you to the meetings if you ask them.
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We're not allowed to have a union in at *13# mining, they don't have a good record with dealing with things, every person suspended in the last 9/10 years has been sacked, but at tribunal #*3* have never won a case.
When I worked at a revious company i was a union member union but ceased when started working for the present company.

Just to add the last person suspended then sacked was told that no way would the company allow a union rep onto site premises to represent/accompany him to meetings, and that was from the site agent. This is a practice common in the local area with companies such as the one i work with, they tend to have good managers, good foremen but the management school of thought regarding personnell can be a bit historic.
 
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I don't think they can ban a Union from being onsite - they can choose not to recognise it, but it's treated as a political belief so people cannot be discriminated against for being in one.

In terms of any investigation/disciplinary, check your procedures, but I think you'll find you can bring who the hell you want to the meeting. You could be in any Union - Unite, Unison, NUM, whatever - they couldn't stop you bringing in a rep to your meeting. What you'd probably find is they won't be able to speak at the hearing, but you can take a break whenever you want to discuss things outside of the meeting room.
 
Well, this looks like it's going to be a whole lot of trouble.

When i get the letter to go in and see them, will that be so they can simply lay down the allegations made against me, and then give me a reasonable time to show my defence or will i be expected to have my defence available immediately....which would surely be wrong since at this point i do not know what it is.
 
They will have to give you time to prepare, and if you turn up to an investigation meeting, only to find they are trying to turn it into a disciplinary meeting, there is nothing to stop you from walking out, as they are exclusive from one another!!
 
Cannot add anything to what has already been said mate, except good luck hope it gets sorted quickly and with little hassel as possible

spike
 
maddog said:
I am on full pay, the only thing i was told is that he (the site agent) felt he had to suspend me untill he investigated the matter, it was a to quote him "a very serious allegation made and he couldn't rely on one person, but it is in writing"

We're not allowed to have a union in at ***** mining, they don't have a good record with dealing with things, every person suspended in the last 9/10 years has been sacked, but at tribunal ****** have never won a case.
When I worked at ********* i was in the **** union but ceased when started working for ******.

Just to add the last person suspended then sacked was told that no way would the company allow a union rep onto site premises to represent/accompany him to meetings, and that was from the site agent.
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Been through the whole legal mire before. You have a statutory right to be accompanied per the Employment Rights Act 1999, Section 10. ACAS have a good guide to grievance procedures and right to being accompanied too, otherwise you're looking at unfair dismissal if anything bad was to happen.
If they won't allow unions or solicitors on site then have that noted and witnessed that they are refusing your representative. There is nothing to stop them holding any meetings at a mutually agreed location either.
Good luck.
 
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I am a union rep for the GMB, I would have expected them to hold a formal meeting with minutes before suspending you, however, that is done now.

When you receive your letter it should contain your company disciplinary policy and include what they are accusing you of. If they have not followed their own procedures that should be an end to the process, as stated above, you are entitled to be accompanied by a Union rep or work college. If you are not part of a Union at the moment and join as suggested above they may not represent you on this. I don't think I would, what would be the point of my other members paying each month if I would represent a non-member.

We have had a couple of people suspended with-in the last year and both have kept their jobs. Companies are suspending people for more and more reasons such as bullying and harassment, which could be anything from horse play to full on fighting or verbal abuse. It covers the company in that it can’t be said that they didn't take it seriously.

Just make sure you read and understand the company disciplinary policy and don't be goated into answering leading and subjective questions, also don't answer questions based on opinion.


HTH
 
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All the advice you've been given so far sounds sensible. I'm no expert in this sort of thing but I just wanted to say I hope things work out well for you - you must be feeling very worried / anxious at the moment :(

Is this site agent / manager someone you work with all the time or were they just there for the H&S day i.e. do you think it is regarding something that happened that day?
 
of course we are all assuming you have done nothing wrong - it would change things if you had - but this is looking like a stich up - from the info we have - but there may be two sides to every story.
 
You never know, whilst they are investigating, they may find that it is all made up and you go back to work and never know what has happened.
 
Stevie,

While digesting all of the above good advice, enjoy your time off and get the camera out and enjoy yourelf. It will surprise you how much you will enjoy the free time, honestly.

As you are in Ayrshire, get yourself out and about and shoot some great images.
 
maddog said:
I am on full pay, the only thing i was told is that he (the site agent) felt he had to suspend me untill he investigated the matter, it was a to quote him "a very serious allegation made and he couldn't rely on one person, but it is in writing"



We're not allowed to have a union in at *******, they don't have a good record with dealing with things, every person suspended in the last 9/10 years has been sacked, but at tribunal******have never won a case.
When I worked at*******i was in the *** union but ceased when started working for ******

Just to add the last person suspended then sacked was told that no way would the company allow a union rep onto site premises to represent/accompany him to meetings, and that was from the site agent.
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My advice.............remove ALL references as to where you work or worked immediately , you have no idea who could be reading this and it could prejudice you case!!
 
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Daysleeper40 said:
All the advice you've been given so far sounds sensible. I'm no expert in this sort of thing but I just wanted to say I hope things work out well for you - you must be feeling very worried / anxious at the moment :(

Is this site agent / manager someone you work with all the time or were they just there for the H&S day i.e. do you think it is regarding something that happened that day?
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Definately 100% nothing that happened that day.

awp said:
of course we are all assuming you have done nothing wrong - it would change things if you had - but this is looking like a stich up - from the info we have - but there may be two sides to every story.
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Three sides to every story!

The complainers side, the defendant's side and then finally the truth lies somewhere in between either parties interpretation of the events.

Galaxy66 said:
My advice.............remove ALL references to to where you work or worked immediately , you have no idea who could be reading this and it could prejudice you case!!
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I see what you mean. Thanks. :thumbs:
 
And get viewfinder to edit his quote
 
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sorry for the double reply. :(
goslayer said:
I am a union rep for the GMB, I would have expected them to hold a formal meeting with minutes before suspending you, however, that is done now.

When you receive your letter it should contain your company disciplinary policy and include what they are accusing you of. If they have not followed their own procedures that should be an end to the process, as stated above, you are entitled to be accompanied by a Union rep or work college. If you are not part of a Union at the moment and join as suggested above they may not represent you on this. I don't think I would, what would be the point of my other members paying each month if I would represent a non-member.

We have had a couple of people suspended with-in the last year and both have kept their jobs. Companies are suspending people for more and more reasons such as bullying and harassment, which could be anything from horse play to full on fighting or verbal abuse. It covers the company in that it can’t be said that they didn't take it seriously.

Just make sure you read and understand the company disciplinary policy and don't be goated into answering leading and subjective questions, also don't answer questions based on opinion.


HTH
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Greg, thank you that's a good insight. And totally agree with you. However we don't have a union on our site so it rules out joining one, although i like many others would welcome one.

lawrie29 said:
You never know, whilst they are investigating, they may find that it is all made up and you go back to work and never know what has happened.
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I genuinely feel that if investigated any claim made against me will be thrown out, I'm polite, helpfull, do my job both considerately and well (not just my opinion).
the environment I work in is such that a two second lapse or horseplay can lead to a fatality. I will never have this on my conscience [sp] as I believe in best practice, after all we are all someones son/daughter/husband/wife/father or mother.

Bawbee said:
Stevie,

While digesting all of the above good advice, enjoy your time off and get the camera out and enjoy yourelf. It will surprise you how much you will enjoy the free time, honestly.

As you are in Ayrshire, get yourself out and about and shoot some great images.
Click to expand...

That is a go!

I'll be out with my deerhound cross before first light in the morning, and then myself about two hours before darkening.
 
maddog said:
sorry for the double reply. :(

Greg, thank you that's a good insight. And totally agree with you. However we don't have a union on our site so it rules out joining one, although i like many others would welcome one.
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You don't have to have a site union to join a union. You can find details of a union office that covers your type of work and is nearby and give them a call.
I went through this just over 6 years ago and there was no union where I worked. I called up the local Unison office and was invited in for a chat - they said that even if I became a member that day they could help me with an existing issue - which was re-assuring. In the end I decided I didn't want to work there any more and got another job but I would have been able to get union representation.
Your employer cannot deny you union reprsentation - it's the law.

My wife has been through suspension as well, she found ACAS to be incredibly helpful. They have a helpline you can phone who will offer very good advice and can put you in touch with either solicitors or citizens advice depending on what you need.

I'll be out with my deerhound cross before first light in the morning, and then myself about two hours before darkening.
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Good call, that is the spirit. For now I know it is hard but until they actually write to you treat it like a paid break. Lurchers make for good company too :D
 
RichardtheSane said:
You don't have to have a site union to join a union. You can find details of a union office that covers your type of work and is nearby and give them a call.
I went through this just over 6 years ago and there was no union where I worked. I called up the local Unison office and was invited in for a chat - they said that even if I became a member that day they could help me with an existing issue - which was re-assuring. In the end I decided I didn't want to work there any more and got another job but I would have been able to get union representation.
Your employer cannot deny you union reprsentation - it's the law.

My wife has been through suspension as well, she found ACAS to be incredibly helpful. They have a helpline you can phone who will offer very good advice and can put you in touch with either solicitors or citizens advice depending on what you need.



Good call, that is the spirit. For now I know it is hard but until they actually write to you treat it like a paid break. Lurchers make for good company too :D
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Well I've arranged a union rep to come in with me, from *** so all good there, just need to wait untill I get the letter. One thing that will stand me in good stead my bossess know me, and if somethings amiss or not right i've always been one to hold hands up and say, yep it's my fault.
In this instance I'm 110% and more certain i've not done anything wrong and I'm fully prepared to take the matter a heck of a length, tribunal/papers etc (my company's already been in the papers for an ex-employee '£%$!^^^***** involved in a sacking! :eek:.....not that I place any confidence or indeed any other belief in @^*($%$^£$ but it sells papers!)

on a different note, I slept in this morning and ended up taking the lurcher and kids out a wander there, some nice pics of kids and dogs.
Lurchers are my first kind of dogs and I'm looking forward to using murf as he was intended. :thumbs:

Once I recieve said letter of excitement I'll up-date. :|
 
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Stevie, I would still be very very careful of what you say on a public forum you are still revealing facts that can reveal which company you are in dispute with!!
 
Galaxy66 said:
Stevie, I would still be very very careful of what you say on a public forum you are still revealing facts that can reveal which company you are in dispute with!!
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agreed , dont give them any rope :eek:
 
bit thoughtless on this kind of thing, not had anything like this before.....or hopefully again!
 
You need to follow the procedures in your contract and/or company handbook. You have to be given a contract of employment by law. There is also a guide on the ACAS website - download the PDF file and read it. http://www.acas.org.uk/CHttpHandler.ashx?id=272&p=0 One point to remember - unions will often not allow you full representation until you have been a member for up to six months. This is to prevent people from refusing to join and waiting for them to get into trouble and then joining. I know that anyone joining "on the day" at our site will get the support of stewards as far as the outside official. The outside officials will not generally get involved although they will offer the stewards guidance. One final point as a general guide. Disciplinary procedures fall into 2 categories, misconduct and gross misconduct. Misconduct will cover such things as time keeping, poor performance and attitude where as gross misconduct covers things that you can usually be done for outside of work too, for example clocking offences (fraud) fighting (assault). Misconduct usually leads (if substantiated) to a warning. Gross misconduct looks at dismissal.
 
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Dave_Taylor said:
You need to follow the procedures in your contract and/or company handbook. You have to be given a contract of employment by law. There is also a guide on the ACAS website - download the PDF file and read it. http://www.acas.org.uk/CHttpHandler.ashx?id=272&p=0 One point to remember - unions will often not allow you full representation until you have been a member for up to six months. This is to prevent people from refusing to join and waiting for them to get into trouble and then joining. I know that anyone joining "on the day" at our site will get the support of stewards as far as the outside official. The outside officials will not generally get involved although they will offer the stewards guidance. One final point as a general guide. Disciplinary procedures fall into 2 categories, misconduct and gross misconduct. Misconduct will cover such things as time keeping, poor performance and attitude where as gross misconduct covers things that you can usually be done for outside of work too, for example clocking offences (fraud) fighting (assault). Misconduct usually leads (if substantiated) to a warning. Gross misconduct looks at dismissal.
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beat me to it :D

http://www.acas.org.uk/index.aspx?articleid=1461 has lots of good info.
 
Any update on this ? just curious :)
 
yes, I was in at work for an 'investigatory meeting' last tues so they could decide if it needed to go to a disciplinary or not. I recieved a copy of the statement that was made against me....and it does not list ANY mention that I cause/d any conflict or do not behave and act proffesionally at work, It states that I comply and respond to all requests politely and with no confrontation!!
Since then I've heard nothing back, they appeared to be taken aback that i felt bullied at work from the other individual in question......furthermore they admitted to failures in management, the my operational skills were adequate and competent and a few other things. So if they sack me it'll be tribunal....which i have no doubt i will win. The only point they have is that there was a 'shouting match' between myself and a co-worker, outside working hours and away from work!
But it's a two way point...can't discipline one without the other. I'm still suspended 'on garden leave' untill further notice. To be honest its now dragging on a bit to the point where I'm starting to want not to work there anymore. Next week is Easter holidays for a week and if I've not heard anything this week then i think I'll start looking for another job as the uncertainty is starting to wear on my wife and I, esp with two terrors...erm young daughters!
 
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