Suspended from work! Don't know why

gerryscot

bendix wrote: »

I can never understand these types of posts. They are always posted by sons / daughters / spouses / parents of the affected party, so by definition we will only ever hear one side of the story.

One thing I've learned is that there is never any smoke without fire, so I'd want to hear the full story before passing comment.

Also, in the instances when employers follow procedure - as they appear to be doing now - they are usually completely confident they have a case.

I totally understand why you are cynical that some employers would take this unwarranted action. I would probably still be thinking the same as you, if I hadn’t experienced it first hand when i was made redundant a week after telling my employer that i need a lung transplant.

Some employers do chance their arm hoping to take advantage of their employee's lack of knowledge to employment law and that they wont have the self-confidence to appeal the companies decision.

Thankfully, i had the strength to take it to an employment tribunal.

Regards Gerry

mrcow

gerryscot wrote: »

and they settled out of court at 5pm the evening before the Tribunal date.

Regards Gerry

This is quite common. They don't think you've got the guts, brains or tenacity to see it through. They'll hire solicitors to try and intimdate. No wonder so many don't bother or just give up - that's what thye'll hope for. I hope you didn't settle for anything less than 90% of your claim? An employment tribunal even have the discretion to award over and above what's being claimed if they see fit.

gerryscot

mrcow wrote: »

This is quite common. They don't think you've got the guts, brains or tenacity to see it through. They'll hire solicitors to try and intimdate. No wonder so many don't bother or just give up - that's what thye'll hope for. I hope you didn't settle for anything less than 90% of your claim? An employment tribunal even have the discretion to award over and above what's being claimed if they see fit.

Thanks, yes I got 100% of my claim. However would have preferred that my case had been heard in the Tribunal, unfortunately as you probably know if the employer offer the amount that the tribunal would award you it is considered as being unreasonable not accept the out of court settlement. However what the company is actually doing is buying your silence and keeping the details of their activities out of the press.

They tried every trick in the book within that year to intimidate me and drop the case, including waiting 3 months before providing the jobcentre with a PP! form which meant that I was not paid any benefits during those 3 months.

Regards Gerry

mrcow

There are a couple of other things you can do in the meantime (apart from speaking with his union).

1. Find out if he has legal protection cover on his home insurance. This will give him access to a solicitor for free if he feels he needs one. Check out his policy, alot of them have them included.

2. Talk it though with the CAB - they are experienced with this type of problem. I've certainly found them helpful and supportive.

Anihilator

Threads like this are pointless

Until the OP is willing to give us the full facts of the incident he thinks this is surrounding we can't determine whether there are just grounds for 1)Suspension, 2) Discliplinary and 3) Dismissal

Tbh too many people on here jump on the bandwagon though. The employer may not be a bully but being perfectly reasonable.

mrcow

I don't think it's pointless.

A lot of us have been through this and come out the other side. We know the process and what to look out for.

There is no harm in asking for advice.

Anihilator

mrcow wrote: »

I don't think it's pointless.

A lot of us have been through this and come out the other side. We know the process and what to look out for.

There is no harm in asking for advice.

The process and validity of the comments depend on the circumstances though. It could all be false hope as the employer may well have a solid case to dismiss.

woody01

gerryscot wrote: »

Common sense is not common, People have the right to be stupid. You just abuse that privilege though.

God you sound like the most boring person on the planet.

Anihilator wrote: »

Threads like this are pointless

Until the OP is willing to give us the full facts of the incident he thinks this is surrounding we can't determine whether there are just grounds for 1)Suspension, 2) Discliplinary and 3) Dismissal

Tbh too many people on here jump on the bandwagon though. The employer may not be a bully but being perfectly reasonable.

Don't let gerryscot hear you say that or she will come thundering down on you from her moral high ground and bore you into submission.

(i agree totally with you btw)

mrcow

But the process will (should) be the same in any given case. As should the advice in terms of record keeping, involving unions, getting advice from CAB, what the employer is or isn't allow to do, what to expect in a disciplinary letter, what can or can't happen in a disciplinary, who you can take or involve, when to look at getting legal advice, timescales, when you have the right to halt proceedings, what to do if you don't feel that you are being treated fairly.

It's all standard.

The employer may well have a case to dismiss, but the employee doesn't think that they do and intends to argue their case. It's not gving false hope - it's giving advice on how to commence that fight.

mrcow

Anihilator wrote: »

we can't determine whether there are just grounds for 1)Suspension, 2) Discliplinary and 3) Dismissal

And PS. the OP never asked for your opinon on whether the employer has grounds or not.

It's not for you to make that judgement! I doubt they could give a fig what your opinons on it are.

They don't think the employer has grounds, and that's good enough.