Suspended but asked what I did wrong

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Comments

  • Undervalued
    Undervalued Posts: 8,840 Forumite
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    andygb wrote: »
    My advice to the OP, would be this.
    Find out exactly why they have suspended you, and if there is another meeting, take someone with you.
    It sounds like the original meeting was a bit of a "fishing trip" for them.
    When I have been present at investigations/disciplinary meetings, any accusations/charges/reasons have been clearly outlined, usually before the meeting takes place.

    The OP only has a right to be accompanied (by a work colleague or trades union rep) if it is a disciplinary meeting. That right does not extend to investigations, although it is possible the employer may allow it.
  • andygb
    andygb Posts: 14,631 Forumite
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    edited 14 July 2017 at 10:19AM
    Undervalued wrote: »
    The OP only has a right to be accompanied (by a work colleague or trades union rep) if it is a disciplinary meeting. That right does not extend to investigations, although it is possible the employer may allow it.


    Please read this advice by ACAS.

    http://www.acas.org.uk/index.aspx?articleid=5613



    I also think that the OP's employer has failed to follow ACAS advice on how to set up an investigation.

    http://www.acas.org.uk/media/pdf/o/5/Conducting-workplace-investigations.pdf
  • andygb
    andygb Posts: 14,631 Forumite
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    I also think that the OP's employer should not have suspended them following the investigation.

    https://worksmart.org.uk/work-rights/trouble-work/employer-problems/i-have-been-suspended-work-while-investigations-alleged
  • ohreally
    ohreally Posts: 7,525 Forumite
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    Undervalued is correct, there is no right to be accompanied at this point, it is purely discretionary. The disciplinary process starts when a hearing has been convened.
    Don’t be a can’t, be a can.
  • sangie595
    sangie595 Posts: 6,092 Forumite
    andygb wrote: »
    Please read this advice by ACAS.

    http://www.acas.org.uk/index.aspx?articleid=5613



    I also think that the OP's employer has failed to follow ACAS advice on how to set up an investigation.

    http://www.acas.org.uk/media/pdf/o/5/Conducting-workplace-investigations.pdf
    There is a vast difference between "advice" and "requirement". Failing to follow ACAS advice is no longer a factor in law. Provided the employer follows a reasonable process, and there is no evidence that they are not, then the employer can do as they wish with any consequences from a tribunal. The fact that they do not operate as you or I might wish them to does not mean that they are acting in a legally unfair manner. The same is true of suspension. If an employer wishes to suspend someone on full pay, then that is up to them. It is their judgement on the matter that a tribunal will accept. A suspension, in rare circumstances, and after very many months, may be deemed unfair. But we are a long way off such circumstances yet.
  • Undervalued
    Undervalued Posts: 8,840 Forumite
    First Anniversary Name Dropper First Post
    andygb wrote: »
    Please read this advice by ACAS.

    http://www.acas.org.uk/index.aspx?articleid=5613



    I also think that the OP's employer has failed to follow ACAS advice on how to set up an investigation.

    http://www.acas.org.uk/media/pdf/o/5/Conducting-workplace-investigations.pdf

    I have seen it many times but what I said about the right to be accompanied is correct.
  • andygb
    andygb Posts: 14,631 Forumite
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    There is no evidence of any witness statements or evidence, and the OP has not been informed what he has done wrong.
    It is yet another example of employers running roughshod over their staff.
  • Undervalued
    Undervalued Posts: 8,840 Forumite
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    edited 14 July 2017 at 3:10PM
    andygb wrote: »
    There is no evidence of any witness statements or evidence, and the OP has not been informed what he has done wrong.
    It is yet another example of employers running roughshod over their staff.

    That it may be if you want to put a political or indignant slant on it.

    However, there is nothing here to suggest that the employer has (yet) done anything unlawful.

    Suspension is a neutral act and as Sangie has indicated, if an employer wants to suspend somebody on full pay whilst they investigate something they can. Financially the employer is the one losing out, not the OP. Unless they take it to ridiculous lengths there is no redress.

    If, and only if, they ultimately take disciplinary action and dismiss the OP can he consider the merits of an unfair dismissal claim.

    The precise technicalities of the procedure the employer follows is now of far less significance than was once the case.
  • andygb
    andygb Posts: 14,631 Forumite
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    Undervalued wrote: »
    That it may be if you want to put a political or indignant slant on it.

    However, there is nothing here to suggest that the employer has (yet) done anything unlawful.

    Suspension is a neutral act and as Sangie has indicated, if an employer wants to suspend somebody on full pay whilst they investigate something they can. Financially the employer is the one losing out, not the OP. Unless they take it to ridiculous lengths there is no redress.

    If, and only if, they ultimately take disciplinary action and dismiss the OP can he consider the merits of an unfair dismissal claim.

    The precise technicalities of the procedure the employer follows is now of far less significance than was once the case.


    Well, I think an employment lawyer may take a very different view to that, because if I was suspended (even on full pay) and not been told why - no details whatsoever, then I would either take advice form my union, or contact a specialist firm of solicitors.
  • Undervalued
    Undervalued Posts: 8,840 Forumite
    First Anniversary Name Dropper First Post
    andygb wrote: »
    Well, I think an employment lawyer may take a very different view to that, because if I was suspended (even on full pay) and not been told why - no details whatsoever, then I would either take advice form my union, or contact a specialist firm of solicitors.

    Well you may think that but I'm afraid you would be wrong.

    Currently the only way the OP could take this to a tribunal is to resign and claim constructive unfair dismissal. A risky strategy indeed!

    As I said, at the moment they are not in any way out of pocket as they are on full pay. Either the employer will drop the matter and lift the suspension or proceed to a disciplinary. If that happens they will have to put forward their "charges" and listen to the OP's defence. Should that result in dismissal then the OP can consider a tribunal if they consider they have been (legally) unfairly treated.
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