Suspended from work. Advice needed.

hothothot_3

SaintlyLinda wrote: »

What I was looking for was if anyone knew her legal standpoint on getting paid for the suspension, and whether the remarks to her collegue could be classed as gross misconduct.

She should check her contract, if it states she wont be paid then they do not have to - but - they legally have to be reasonable about how long she would be suspended without pay.

Otherwise, they must pay her whilst suspended.

Thanks for the update with new information - I dont think from what has been stated there has been gross misconduct.

Suspension doesnt mean anything - they might realise that their is no evidence of wrongdoing, or the wrongdoing is so petty that no disciplinary action is required. However, if they do decide to ask her to attend a disciplinary meeting she should be provided with written evidence which she has the opportunity to defend, aswell as having a work colleague / trade union rep present with her (I also recommend recording the interview covertly - its legal - and admissable as evidence if required).

Some might question this morally, but I believe in being upfront - if I was certain that there was no other witnesses then it would boil down to 1 word against another - which I would vehemently deny having made any such comments (after seeing what written evidence they provided). This is from being suspended myself at work before and the employer backing down very quickly.

bishbash55

based on the evidence you have posted her employer has insufficient evidence for gross missconduct. they will have to rely on a confession at her disciplinary.
i wouldnt be comfortable terminating her employment without it as its all far to vague.
for gross missconduct they need a specific cast iron issue. all sounds too vague to me.

natomar

SaintlyLinda wrote: »

What I was looking for was if anyone knew her legal standpoint on getting paid for the suspension, and whether the remarks to her collegue could be classed as gross misconduct.

Hi Linda
Yes she should get paid whilst suspended. Your friend should check her contract, "bringing the companies name into disrepute" covers a lot of ground, she should receive paperwork explaining what the suspension is for? you stated Gross Misconduct on what grounds? also stating her pay rights, disciplinary date and what evidence they intend to present, if her colleague intends to give evidence a statement should be taken from her and Lisa should receive a copy.
Hope this helps!