Suspended

Zazen999

What have they done as a result of the investigation? Have you had a warning, or are you still suspended?

RubyRue

Nothing so far, I'm still suspended, I think they are waiting for me to sign this document and get it back to them.

mymatebob

RubyRue wrote: »

Nothing so far, I'm still suspended, I think they are waiting for me to sign this document and get it back to them.

So from what you are saying they have asked you to sign something, indicating they will add your comments to an appendix later?

Have they confirmed that in writing?

If you are asked to sign the minutes as a true and accurate record, and they are not, then don't sign them.

mymatebob

More info from the ACAS site

Gross misconduct
If an employee commits an extremely serious disciplinary offence the company may dismiss them without prior warnings and without notice.
Some examples of offences which constitute gross misconduct are:
- dishonesty, theft or fraud
- malicious damage
- fighting, assault on another person
- serious incapability through alcohol or illegal drugs
- actions which endanger employees' safety
- falsification or unauthorised removal of company records or property
- a serious act of insubordination.
(This list is not exhaustive)

If the employee is alleged to have carried out such an act of gross misconduct the company will suspend them on full pay whilst it carries out an investigation into the alleged offence.
At the disciplinary hearing the employee will be given the opportunity to state their case and be represented or accompanied by a colleague of their choice or by a trade union official.
If, after investigation, it is confirmed that an employee has committed an act of gross misconduct the normal consequence will be dismissal without notice or payment in lieu of notice.

mymatebob

Sorry - yet another post.

Were you able to successfully refute the accusations made against you?
Did anything come as a shock, in as much as it was something that you knew nothing about?

RubyRue

That's about right, I sent the minutes back unsigned with my comments and their response via email then was:

"We acknowledge receipt of your comments in the attached transcript, however please note that these comments will not be incorporated into the original transcript, but will be presented with your comments as one of the appendices at the Hearing."

The transcript has been posted to me yesterday and they are asking me to sign it. I also don't know what the hearing is as yet as I haven't been informed of any hearing or what the purpose of it is so will be seeking clarification. As far as I know the process is still in the investigation stage as I haven't been informed that the investigation is complete, of any outcome of the investigation and whether it will go to disciplinary.

There were some bits of evidence that they presented at the investigation interview that did come as a surprise as I hadn't even been informed that there was a problem and my immediate line manager had always been fully aware and given his consent that it was ok. I'm waiting for the evidence that they presented at the investigation to be sent as they haven't sent all of it yet.

aj2703

My advice for what it's worth is take a recording device next time and place it on the table. If they are acting correctly they should have no objection to it. That way all comments can be re-called and any in accurate statements they say you said can be easily objected to by the recording. Compaines will always be selective in what they write down (espically if they want rid of you). I'd also write on the bottom of these notes pointing out the in-accurate statements, sign it, keep the origional, photocopy it and send them back the copy.

Remember if they are trying to stitch you up they can and will result to any means to get rid of you. If you have what you say on "TAPE" their is no room for them to be underhanded.

bigstevex

what was the evidence they actually have against you that they brought to the meeting?

don't sign any forms which isn't the truth, once you sign it there's no going back!

MothballsWallet

And if they expect you to sign a form that has inaccuracies on it, then isn't that a criminal offence if they were to present those at a tribunal (and it were shown that a) the form contained inaccuracies and b) someone was persuaded to sign it anyway)?

aj2703

It very well maybe. They seem pretty insistant on her signing it and not changing the parts which she disputes she said. It smells of a stitchup to me.

I think the best thing for her to do is see legal advice.