Been suspended :( - Legal advice please

starrystarry

Hi TDA,

Firstly, I do sympathise with your position. You're well aware that what you did was wrong so I'm not posting this to criticise you. I've not been throught what you've been through so I won't pretend to know what your state of mind was when you did it.

But, having said that, I don't think it's right for you to complain about your employer making a genuine mistake with a date in a letter, or for not warning you in advance that they were going to suspend you etc. They all seem like minor grumbles in comparison to the major grumble they've got with you.

I wish you well, I really do. You made a mistake that's all (haven't we all?). It's not the end of the world. The sun will still rise in the morning. Personally, I would resign and move on to the next chapter. Take control of the situation.

Emmzi

In my experience depression is generally regarded as an illness by medical profession and employers but 'stress' is not as it tends to manifest in various guises and be a sympton, not a cause.

"Nervous debilitation" is how I usually see it referred to in sick notes. They may well accept one but not the other in terminology.

They can suspend you for an investigation at any time without a formal process having kicked in.

In your circumstances I too would resign due to illness so your next reference will give that as the reason rather than gross misconduct; I would also look into what benefits you may be entitled to due to your condition.

Horace

TDA10 wrote: »

Thanks Daisy - just 2 quick questions - were they not unfair in asking me to attend an informal meeting whilst off sick, supposedly just to ask how I was, and then drop the suspension on me without giving me chance to prepare and explanation? I've never been in trouble before so am not sure of the procedures.

And also, is it not a breach of confidentiality to inform other staff members of my fate even before I'd come into the building???

Thanks for the helpful advice so far.

To the poster above who said it - I'm not trying to find excuses, I'm just trying to explain that I never intended things to happen this way.

Your employer isnt being unfair in asking you to attend an informal meeting - most employers will do this when you have been off sick for a long period of time. In the normal course of things this meeting would be to ascertain when you expect to return to work but you have forged documents which have been noticed by your employer and therefore they have no alternative but to suspend you pending an investigation.

Do you have written proof that other staff members were informed of your fate? Without written proof then it is only hearsay and therefore cannot be relied upon.

If you are unsure of the disciplinary procedure then you should ask your employer for a copy.

dacouch

Surely a DIY chain should be happy to accept a DIY Hospital Letter

wuckfit

Might be worth seeing if you can twist this round a bit. Stress and depression can make people act entirely out of character and do stupid things, like faking hospital letters for example ( ), especially if you feel that your employer is being unsympathetic regarding your illness from the outset. A word with your GP might help you get a letter in mitigation.

However I do think that as you've been well and truly caught out, you're probably not going to make this one go away, unless you can employ 'Loophole Larry, QC' for your defense counsel.

Despite exhibiting what can only be described as 'weapons-grade' stupidity, I hope something works out for you OP. best of luck.

TDA10

dacouch wrote: »

Surely a DIY chain should be happy to accept a DIY Hospital Letter

:rotfl::rotfl::rotfl: Like your thinking!!! :T:T

TDA10

Emmzi wrote: »

In your circumstances I too would resign due to illness so your next reference will give that as the reason rather than gross misconduct; I would also look into what benefits you may be entitled to due to your condition.

Thanks Emmzi - I'm kinda thinking that's the way to go TBH. Does anyone know if the my current employers can legally tell the new ones that I had been suspended and what for? x

TDA10

wuckfit wrote: »

Despite exhibiting what can only be described as 'weapons-grade' stupidity,

:rotfl:In the cold light of 'almost' sanity, I couldn't agree more!!! It certainly wouldn't have been a thing I would have even considered when of sound mind!

Thanks for your advice and good wishes though

wynnvegas

Hi TDA,

I've never seen such duplicitous efforts taken to avoid what was only a minor issue in the first instance. Please take this as a positive criticism and advice that you should be honest in future. No right minded employer would have dismissed you for a stress-related illness and it is very rare that anyone suffering from anything other than severely debilitating stress attends hospital which is probably why their suspicions were raised.

That being said, the best advice I can offer now is to seek an informal meeting with your HR Manager, explain the situation with your illness and offer your resignation in return for a standard reference. The best you can hope for here is a nondescript reference detailing your dates of employment and reason for leaving. Regardless of your actions thus far, most HR professionals are glad to get disciplinary cases off their to do list and hopefully yours will be accommodating.

Bobl

They have followed the correct procedure so far, by arranging a meeting to tell you they are investigating you, and then suspending you. You will have notice of any future meetings and will be able to take a representative with you.

However, I agree with the sensible posters; there is no way out of this one, they will get rid of you anyway, either for the offence or because you are unable to carry out your work due to illness (perfectly legal). So I would advise you to resign and leave this whole episode behind you - do you really need the stress of a disciplinary?