suspended from work

onlyforboards_2

Ask for a handbook from work highlighting their procedures. Place a grievance about how your suspension was handled and look for work elsewhere. Considering your work environment your company should have very strict control on how it handles staff and they are usually regularly monitored.
This recession is making some managers think they can be sloppy.

debbie158

lol no havnt done anything wrong, im looking to go for unfair dismisal

debbie158

if they dismiss me (meant to say)

debbie158

yes i do need handbook have nver been given 1, i tried to get in touch with manager an he is not there tried HR an tried someone higher was told there not available:(

lonestar1

debbie158 wrote: »

yes i do need handbook have nver been given 1, i tried to get in touch with manager an he is not there tried HR an tried someone higher was told there not available:(

If your told HR are unavilable I would mention that it sin regards to a suspension

Also ask HR for a copy of their disciplinary and suspension procedures I very much doubt asking a colleague to tell you once your in the car park is the documented way to tell you your suspended as such I would inform HR that you will be in workuntil such time as they follow their procedures

SnowMan

If you are suspended from work normally they must pay you full pay while you are suspended and they should tell you why you have been suspended.

The Direct Gov and CAB websites have some information. Use the following links and in both cases you need to scroll down to the bit about suspension from work.

http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/DG_10028113

http://www.adviceguide.org.uk/index/life/employment/dealing_with_grievances.htm

Also worth contacting ACAS www.acas.org.uk
They have a helpline you can call

Or seek advice from your nearest CAB (search tool on the LHS down a bit at www.adviceguide.org.uk )

Lots of information on the ACAS, Direct Gov and CAB website about disciplinary procedures also if it goes to the next stage.

debbie158

hi HR did not know it was me phoning and i was told she is on annual leave, do vaguely remember her saying she was taking holiday, im just wondering if i should have had a letter by now confirming suspension as it happened tuesday nite! thanks for info will have a look, though i did contact a solicitor today they said they couldnt do anything without a letter

HO87

If things are as you describe them then this stinks.

I have never heard of a proxy suspension - i.e. being told you're suspended by a work colleague . I can recall a case I was involved in a few years ago where a suspension was carried out during a conference call (senior manager being suspended by an area director 150 miles away) but a letter was faxed through and was waiting for the chap before he'd finished collecting some of his personal items.

You should have been informed face to face by your line manager and should have had a letter confirming it within 24-48 hours. Suspension should not be used as a disciplinary sanction and should always be on full pay. You should also continue to enjoy all of the usual benefits of your employment (staff discount, health care, use of company car etc etc). It is normal for such letters to confirm a date and time for a meeting and advise you about who may accompany you or telling you that a meeting will be arranged as soon as possible and you will be advised of that by phone or in another letter.

The most important element of all disciplinary action is that it is "reasonable" and whilst it may not have been possible for your manager to avoid dealing with the situation before she went on leave, it is, IMO, unreasonable for her to have left the matter hanging without passing it onto another manager to deal with. The length of her leave may also be relevant. Naturally a pre-arranged single day off is unlikely to be viewed too seriously whereas a week or a fortnight - with no delegation - would be viewed most unfavourably (IMV).

During her absence it is unlikely that any further investigation is taking place, people's memories are fading, records may be misplaced or destroyed and throughout the delay you are being prevented from putting together your account of what happened and gathering any evidence you need/want to adduce in support of your case. This has a distinctly "unreasonable" air about it.

Your company should have a disciplinary and grievance procedure which you have access to (usually in a staff handbook) and, from a legal point of view, should use that procedure or at the very least stick to the minimum three-stage procedure set out in the Employment Act, 2002. Based on what you have posted thusfar I think they may already be struggling to show that they are.

Solicitors are expensive and good lawyers even more so. I suggest that you contact your local CAB as soon as possible although the problem with them is that they tend to be quite busy and you may have to wait a few days for an appointment. I would suggest that you call ACAS on 0845 747 4747. Keep ringing (they tend to be busy too) but keep trying. They are very helpful and the chances are that you will be able to speak directly to someone who knows exactly what they're talking about whereas with CAB you will probably have to wait for the appointment to speak to someone who is equally knowledgable.

I would write to your HR department asap to obtain a copy of the up-to-date staff handbook. besides looking at the disciplinary procedure you also need to read about the company grievance procedure as I'd suggest that you give some thought to raising a grievance (about being treated unfairly) as soon as you can.

Good luck and keep us posted.

debbie158

I will have to write a letter to HR, i havnt even got a staff hand book, have been with this company for over 4 yrs and cant believe how they are treating me.

SnowMan

debbie158 wrote: »

im just wondering if i should have had a letter by now confirming suspension as it happened tuesday nite! thanks for info will have a look, though i did contact a solicitor today they said they couldnt do anything without a letter

I can understand why a solicitor couldn’t help at this stage. Currently you are not being accused of anything, and it is like you are still working there normally other than that you are not physically having to turn up to work. That is why they normally have to continue paying you (unless there is something in your contract about not paying you when you are suspended when it becomes more complicated). If they didn’t pay you it would be considered an illegal deduction from wages.

Consequently there is nothing that a solicitor can really do until the company concludes its investigations and actually accuses you of some sort of mis-conduct (assuming that they do of course).

I am not sure if there is a legal requirement for them to notify you of the broad reason for your suspension, which directgov alludes to. Perhaps someone else knows. H087 mentions a 24-48 hour written requirement which I have not come across before.

As for legal advice (down the line) it is worth checking whether you would qualify for free help under the legal help scheme from an employment solicitor. While legal help is for people on low incomes and with limited capital, people often wrongly think they don’t qualify. You can check your eligibility using the legal help calculator at http://www.communitylegaladvice.org.uk/en/legalaid/ and you can also search for solicitors specialising in employment from the same website.

And as mentioned by H087, the ACAS helpline and the CAB are good places to go for free help. I have also heard anecdotedly that people are waiting hours to get through to ACAS at the moment.

I realise it is a stressful time, but at the moment it is a bit of a waiting game until their investigations are concluded. You can raise a grievance about what is going on but whether that is a good idea I am not so sure. Apart from trying to find out what is going on I am not sure what to suggest.

Good luck.