Suspended

ceridwen

One way or another - you must be entitled to those computer logs to prove what hours you were actually working - so ask for them.

If they say you havent been working for hours that you provably have been working - then I would have thought you have a good case for unfair dismissal with a Tribunal if the worst comes to the worst.

You are the only one who knows the exact state of play on this obviously - but, if you have been dead straight down the line with them - but they are doing this to you - then you may not be the only one and it may be that they are looking for "cheaper" ways of making "redundancies" - i.e. finding excuses that will save them the redundancy pay due. If you have been totally straight with them - and this is happening - then I have to say that I think your employer is playing very "dirty" indeed. I know I would take great exception to my employer implying I had been up to "no good" - and all hell would get let loose for damaging my reputation.

SomeBozo

removed my post about cerdiwens "advice".

Bozo

CFC

Hello Ruby, as Mymatebob says, this is an investigation meeting from your description. At this point they will ask you questions and you need to answer them truthfully and as fully as possible.

Hopefully it will be clear from the investigation that there is no case to answer and you will then return to work quickly.

The reason that a company needs to suspend immediately in this kind of situation is because if the matter will be treated as gross misconduct, ie a sackable offence, then the company needs to show the seriousness with which they take the incident by removing you from company premises. A company could be in difficulties if they should allow you to continue working and then dismiss on the grounds of gross misconduct.

Ceridwen, I appreciate that you are all for being helpful to people when they feel 'got at' by their employers for one reason or another, but in this kind of employment situation the most help you can be is just to be sympathetic rather than stoking the fire

RubyRue

Well I requested the documentation/evidence that would be produced at the interview and they have refused. I can only have copies to take away with me after the meeting. I have looked at the ACAS guidance and it says that the employee should be given copies of any documents that will be produced at the meeting but is that only if it is classed as a disciplinary meeting and not just an investigation interview?

I also asked for the minutes of the meeting when I was suspended and was told that minutes were not taken at the meeting in accordance with policies however someone was there taking notes. Wouldn't the notes be minutes of the meeting? And am I allowed to see these?

Thanks again

Horace

Do a Section 7 Data Protection Request and ask them for all details about you and all minutes of meetings that your employer has had with you especially with regard to your suspension. If they refuse, you can always report them to the Information Commissioner.

As you say you were working at home at the time of the alleged misconduct - could it be that you were seen whilst out shopping when you told them you were working? Did you log onto the work's computer outside of normal working hours?

Loretta

I would phone Acas and talk to them as they will be able to give you moe personal and detailed advice than general information on their website. They are very good and they are the experts

Liz_the_Whizz

Hi RubyRue,

Sounds like you are not going to get the information before the investigation meeting, but that is not unusual in my experience.

First, I would not worry too much about getting the minutes of the suspension meeting - anything said there should come up again in more detail at subsequent meetings.

Secondly, the investigation meeting. You are not in a union, but make sure you take a trusted work colleague with you to act as observer and notetaker on your behalf - in a stressful situation, you may not remember everything that is said.

The important thing at the investigation meeting is to let them do all the running while you absorb the "evidence" which they have against you. Don't get bounced into a response.

When they have presented it, ask for an adjournment of 15-20 minutes. During the adjournment, look through the evidence with your colleague to make sure you understand it, referring to your colleague's notes as necessary.

When you are ready to resume, ask any questions you have about what has been presented before you start to answer their questions. When you are ready, answer honestly and keep your cool. This may all leave a bad taste in the mouth but as mymatebob said, if it all comes to nothing, you need to be able to carry on working and not harbour a grudge which could of itself lead to your employment there being untenable.

In the meantime, prepare well - think about exactly what happened on the day you worked from home and whether there are any system flaws(eg discrepancies between the swipecard system and the "honour" time recording system by individual staff members) which could in some way have been misconstrued on other occasions.

Good luck with it.

CFC

What Liz said - and dont take it personally.

I have had to suspend people and then investigate the situation a number of times; in some cases they have gone to disciplinary and been dismissed, in others it has been determined in the investigation meeting that there is a reasonable explanation, or enough to throw the evidence into a different light. It certainly does not follow that there will always be dire consequences after a suspension.

RubyRue

Thanks for all the advice, I'm going to go in as diplomatic as possible and go from there. It's very hard not to take it personally but I'm trying my best.

RubyRue

Hi peeps,

I'm hoping for some more advice. Things have moved on a bit now, I've finally had my investigation interview and had the minutes back from that to agree. I sent back them unsigned with my comments as I had numerous concerns about the accurracy of the minutes. There are parts of the meeting that have been missed out and they have changed some of my responses, I don't know if this is their interpretation of what I said but none the less what has been recorded is not what I said.

I've now had a response saying that they acknowledge my comments however they will not be incorporated in the original transcript but will be presented with my comments in the appendices and can I sign the minutes asap.

What concerns me is that the minutes still include inaccurate information and sentances that I simply did not say. ISo where do I stand on this, do I have to sign this document in its current state?

Thanks in advance