| Suspension from work advice..
Posted: 9/13/2008 11:14:10 AM | Okay.. I was suspended from work 6 weeks ago..
I cant really go into details On here, as there is an investigation, however ...............
I need advice, as the only bit of contact i have had with the workplace is 2 Phonecalls... Which I Made. 1 Regarding my wages as they wasn't in the bank, and 2 to find out if a date had been agreed on for the meeting!!
Now surely if they suspended me, they should keep me informed on a (say) weekly basis as to whats going on.. (so Google says)!!
So my question here is Are they in the right to keep me in the dark, If not.. what can i do ?? | |
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| Suspension from work advice..
Posted: 9/13/2008 11:20:49 AM | | contact a employment lawyer trish as presume your not in a union? if you have difficulty finding a lawyer google the number for your c.a.b or c.l.a both are free | |
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| Suspension from work advice..
Posted: 9/13/2008 11:50:14 AM | | Citizens Advice Bureau is always my first port of call whenever I need any advice on anything like this. They even have one based in The Royal Courts of Justice, for free specialist legal advice. | |
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| Suspension from work advice..
Posted: 9/13/2008 11:58:43 AM | | Some good advice from the previous two posters but it might also be worth contacting ACAS ( www.acas.org.uk ). I know they give free advice for employers but I think they will also help employees in cases such as yours. | |
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| Suspension from work advice..
Posted: 9/13/2008 1:29:09 PM | | If as you state there are legal proceedings under way. They will have been advised not to make any contact with you unless it is through your legal representative, usually your solicitor and in writing. You would be well advised to direct all communications through your solicitor to your previous employer. And do so in writing as, if you call your solicitor, you will be charged for the making of a transcript of the conversation you will have had. I don't know if you realise, The average solicitor charges around £140 per hour. I knew I was in the wrong profession. | |
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| Suspension from work advice..
Posted: 9/13/2008 3:24:57 PM | Check your conditions of employment, should have got copy with your contract, if you've lost / thrown it out ask employer for copy of it, or copy of disciplinary procedure. This should detail each step of the process, including your rights to representation. you don't say what size organisation you work for. Generally larger ones will have HR dept. that are fairly conversant with current legislation, less likely to bulldozer you (though they can still be pretty hard nosed they don't want to fall foul of legislation). Small organisations can be a nightmare as they can take what they see as a "common sense" approach, its their ball their rules and if they said you broke them you did.
I'm assuming that you're refering to an internal rather than criminal investigation, in either case you have a right to be told what's happening without recourse to legal representation at this stage. | |
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AlmaM
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Joined: 3/20/2008
Msg: 7 | |
| Suspension from work advice..
Posted: 9/14/2008 2:36:38 AM | Do you have a union?
Has the company followed the proper procedures in the suspension process?
You have to look carefully with a fine comb into everything they have done to you and check if this was done in proper legal ways.
If not you have to look in the loopholes they missed and take them to court.
You need a good legal advice. | |
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| Suspension from work advice..
Posted: 9/14/2008 2:45:55 AM | If they are unwilling to enter into communication with you then I would imagine you need to involve a third party in the form of a solicitor to mediate.
Write them letters firstly and have them recorded and a second copy sent to a third party ( ombudsman or similar) so you have a record that you have been trying to communicate with your company.
At least this way you have proof that your company is not behaving in a reasonable or professional way and will only strengthen your case should you reach tribunial stage.
OP Did you bath Bert in an unorthodox fashion then ? | |
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| Suspension from work advice..
Posted: 9/14/2008 3:15:17 AM | OP Did you bath Bert in an unorthodox fashion then ?
 No nothing like that hun!!
Well i have been doing some searching on the T'internet.. and it says that during suspension, the Employer should keep the Employee informed by letter what is happening on a regular basis..
I did however recive a letter yesterday (6 and half weeks after suspension) asking me to do a statement of what happened.. so i guess ill get that done today... But i do think they are breakin the Rules, by not keeping me intouch..
I saw one of my work mates last night on way home from shopping, and i stopped and said Hi.. she said sorry im not allowed to talk to you the boss said!!! WTF is that all about.. she is a mate, i wasnt gonna talk about work!! | |
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| Suspension from work advice..
Posted: 9/14/2008 11:42:20 AM | | As a manager in the care profession myself I have encountered this problem on numerous occassions. Your manager ahould have written to u advising u that u r being placed on suspension pending an investigation. I'm assuming it's POVA, I apologise if I'm wrong. If it is a POVA investigation your manager is not allowed to investigate, only the Local Authority and if need be the police. The manager has to wait for a strategy meeting to be called which can take up to 3 weeks(at least it does in Wales, lol) and at this meeting it is decided who will take the lead. Your managers hands could very well be tied. However in your suspension letter it should be stated that you will be kept informed throughout - ur manager can only inform u if she has been informed herself! Please don't think I'm sticking up for ur boss but I have been in this situation on many occassions and it is just as annoying for us! Keep us posted - as I would be interested to hear the outcome. When POVA was brought in they did not think of the implications of employers and it can often lead to employers breaking employment legislation. Hopfully hear from u soon. | |
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| Suspension from work advice..
Posted: 9/14/2008 12:18:18 PM | being suspended from work is the first part of a disciplinary process and is done without prejudice. In other words they are not saying you are guilty but they are investigating the incident or circumstances that are of concern. They are not oblidged to tell you any details as to what they are investigating at that time. They must take no more than a "reasonable" length of time in investigating the matter, how long is reasonable is open to debate but 6 weeks would seem excessive.
Once they have finished their investigations they will invite you in for a exploratory chat/discussion. They must give you reasonable notice, in writing, of when the interview takes place, they should inform you as to the nature of the issue and you should be allowed to have a witness on your behalf (usually a co-worker).
Once the investigative interview has taken place and you have been allowed to state your side of the story they can then advise you that they intend to take disciplinary action. Again you must be given "reasonable" notice, again in writing using a specific format, and you are allowed a witness. The witness is not allowed to speak, they are there purely as a witness on your behalf.
The disciplinary interview is held qand you are allowed to state your case, they must then be seen to deliberate the issue and then pass judgement. It is important to note that employment law is all based on the ballance of probability unlike criminal law which is based on proving things beyond all reasonable doubt.
Once disciplinary action is taken you must be given the right of appeal which usually needs to be in writing with-in 7 days of the initial disciplinary hearing.
Employment tribunerals will automaticly find against any employer if they are seen to not have followed procedure but unfair dismissal only kicks in once you have been employed for over 12 months.
You can get legal aid for a soliciter to advise you but there is no legal aid for representation in court. Most employers however settle out of court if they know they has a weak case or have broken procedure.
As someone else said if you are in a union speak to them asap and if not go and speak to a soliciter as most will not charge for the initial consultation. If you do go to a soliciter make sure the one you speak to specialises in employment law, it makes a huge difference.
Good luck and drop me a line if you need any further advice. I have a huger ammount of experience in dealing with these things. | |
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| Suspension from work advice..
Posted: 9/14/2008 12:21:54 PM | Sorry, I should have also said that when you are suspended it is always on full pay,
goos luck | |
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| Suspension from work advice..
Posted: 9/14/2008 12:35:25 PM | I'd join a union if I were you. Sounds pretty serious what's going on.
Unison, I think you have to be a member for 13 weeks before they will help.
GMB will help you straight away, and you can join online. It's costs me less than a tenner a month with them. I wasn't in a union, and I needed some support about a work issue. Had a rep out the following week after joining.
Say, you ended up being sacked. The rep will know everything that your employer should have done, but didn't. I'm assuming that a meeting will take place at some point, so it might be handy to let a rep do the work for you, so to speak.
Plus they can attend formal meetings with you.
Another thing you can do is, request a copy of ALL the information they hold about you. There are some conditions where they won't, but for the rest of it, due to the data protection act, they have give you things like your personal file, things that have been written down by your manager/other colleagues. If you have had supervisions etc, all that will be recorded, and your entitled to it.
Things like your work friend being told she's not allowed to talk to you.
Have your work written to you advising you not to contact other employee's?
I'd start a file and make sure all this is written down.
If you keep your job, do what I did and train to be a Union rep.
Amazing how they do EVERYTHING by the book then lol. | |
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| Suspension from work advice..
Posted: 9/14/2008 1:26:48 PM | Have had a lengthy conversation on friday with ACAS...
I can now enlighten you as to what has happened!!
Its a long story so not to confuse ill cut it down dramatically!
Went in to work about 6 weeks ago to do my normal tues night shift 5-9pm, and the boss was there, she was due to go on holiday for a month the next morning and was in to do the wages...it was blatiently obvious that she was rather intoxicated... i thought she would go mad if i said anything so i didnt, At 7pm i started doing the Drugs, when i noticed that all the other staff.. (3 including her) was sat outside laughing and joking.. I heard a bell ringing and one of our residents needed help to the Toilet due to having a broken wrist n not being able to walk without a zimmer , so i went outside and asked one of the other staff to take her, and also if someone else could do the 7pm drinks, as i was trying to do the drugs.. but when i got outside to ask this question all i got was no F**k off... (from the manager) then the other 2 staff laughed. So i took the lady to the toilet then did the drugs.. then the drinks...
When i got home i went to visit the Dept manager saying i was gonna report ,my manager to.. The HCCC but the Dept manager begged me not too, saying she will chat to her when she comes back from holiday.. I agreed!
Then when i went in on the Wed she arrived in work at 2.30pm to be colloceted by her daughter at 4pm as they was flying out from B'mouth Airport.. she was again VERY intoxicated.. I called the Dept Manager again and said if she didnt get her removed id ring and report her NOW!! So the Dept manager came in an told her that she had recieved a phonecall from work saying she was drunk and if she didnt leave shed be reported.. my Manager came rushing into the kitchen where we all was, and screamed "which one of you ****es squelled on me".. so i said "I did.. you should not be here" she was screaming at the top of her voice and i said if you want to talk to me calmly we can go outside" as there are alot of our residence that can understand whats going on...
We moved outside and she started saying lots of nasty things (i expect due to the drink) like no one likes you here, i dunno why your even here.... so i said shall i leave then she said yes get off my F**king property.. so i left... i rang up in the next morning as i wanted to see the Dept manager, and she told me to go in.. i went into the office and she told me that the boss had told her to suspend me till she came back from holiday...(1 month).. shes been back now, and all i know is there is to be an investigation!!
So as far as Im concerned im gonna ride this one out.. I havent done ANYTHING wrong.. | |
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| Suspension from work advice..
Posted: 9/14/2008 1:33:58 PM |
At 7pm i started doing the Drugs
Hmmm I'm begining to see what the problem is here Trish 
someone else could do the 7pm drinks, as i was trying to do the drugs
Yep I think it's becoming clearer what the problem is 
Seriously Trish I hope it works out for you, and you did the right thing ...... I hope you're working in the care home i'll end up in  | |
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| Suspension from work advice..
Posted: 9/14/2008 1:39:29 PM | I am in the care sector (home care worker) and our procedure is I believe, you would be suspended on full pay further to investigation.
Once all information has been collated with written evidence a meeting then will be held which in as you rightly say takes six weeks, in the meantime if you leave employment within the suspension period I.e if you voluntarily leave no further action will be taken against you I.e criminal records bereau.
My advice would be unless you have a solid case dont risk your reputation for future employment and resign prior to the meeting taking place .
Your rights as far as I am aware is that you should be on full pay during the suspension period and zero contact with any employees is advisable.
The company not contacting you during investigation is standard practice.
I hope all goes well for you
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| Suspension from work advice..
Posted: 9/14/2008 1:42:25 PM |
My advice would be unless you have a solid case dont risk your reputation for future employment and resign prior to the meeting taking place .
Hang on a mo....... Sexytrish hasn't done anything wrong, why should she resign ? or are you insinuating that she could be stitched up here ??
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| Suspension from work advice..
Posted: 9/14/2008 1:53:29 PM |
or are you insinuating that she could be stitched up here ??
Unfortunately not all companies play by the rules and are honest.
Hence why Trish has been suspended and her boss hasnt maybe ?
Hang on a mo....... Sexytrish hasn't done anything wrong, why should she resign ?
I think she should go for it IF she has a strong case and a closed ranks approach isnt taken by the staff. | |
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| Suspension from work advice..
Posted: 9/14/2008 2:05:15 PM | So you do think she will be hung out to dry for this ?
What is wrong with this scenario ????? I see someone who for all the right reasons is protecting a vunerable section of our society from a drunk.....and just because this drunk happens to hold a higher position than Trish .......Trish is probably gonna be the scapegoat I'm just sooooooo flippin angry about this situation it's not fair at all.
Trish you must make your own mind up on this, it maybe that Claudia is right..... is it worth you getting your work record marked and potentially causing you problems in getting another one ? Why you should even be put in this postition is beyond me | |
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| Suspension from work advice..
Posted: 9/14/2008 2:16:13 PM | Trish, I can't get past your restrictions, mail me as I want to send you something.
Don't want to post it on here. | |
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AlmaM
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Joined: 3/20/2008
Msg: 21 | |
| Suspension from work advice..
Posted: 9/14/2008 2:27:30 PM | I would put it all in writing.
All what happened and address it to the head of the company and ask for the advice..
And I would ask the head to clarify why I was sent home.
If their answer was unclear then I would threaten with the media and court. | |
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| Suspension from work advice..
Posted: 9/14/2008 2:39:14 PM | you aren't the only one I got suspended from work in July and I finally (after about 8 weeks) got a written final warning. I went back to work last week and low and behold I have been suspended once again for similar reasons.
To be truthful I think I have lost my job so before I got suspended for the second time I applied for another job (waiting to hear about that soon) and if I lose my job I lose my job. All this stress and anxiety is making me very unhealthy so I'm off to the doctors tomorrow to see if I can get a sick note or something.
Apart from that I really don't know what else to do, if there was reason for gross misconduct then chances are you'll get a written warning (like I did) which will stay on your file for 12 months. I hope it all works out for you, I'm otherwise really stressed with being suspended twice within a matter of weeks. | |
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| Suspension from work advice..
Posted: 9/14/2008 2:43:42 PM | | hmm trish you have done the right thing, but i suspect the manager who was drunk will try and get her mates to close ranks or your word against hers. i just hope your dept manager will back you up? | |
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| Suspension from work advice..
Posted: 9/14/2008 3:28:17 PM | Trish,
Assuming you are being honest, then you have my sympathies here... You seem to be getting penalised for doing the right thing - and there's a lot of it going about these days.
If your manager's supervisors have anything about them, this will ring a lot of alarm bells for them. If I were in their position, I would now be thinking about a few unofficial visits when your manager was working - just to see if I could confirm a problem... I'd also be very suspicious that the person you have reported is now suspending you. Were I in your manager's position, I would have referred whatever problem she has with you up to my own managers, so that they could be seen to act impartially - but then that's called being professional - and your boss isn't.
I have to wonder if your manager's supervisors are even aware of the fact that you have been suspended. Perhaps you might call one of them in the morning to ask to confirm you date you informed them of your manager's problem, for your records... They will immediately ask why you are keeping records - and you can then shamelessly tell them...
I also think your own manager's professional behaviour can be called into question. Any matter that is so serious as to require your suspension is something that should be dealt with immediately, and not something that be left to wait like this... Again, were I your manager, I would have referred this upwards to someone who could deal with matters in my absence.
Just what exactly are they claiming you did wrong? Also, who are they proposing chairs any disciplinary hearing? Not your manager, surely?
Why am I left with the image of Mrs. Hannigan from Annie?
Martin. | |
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