Suspended - Need Advice

istarimoneta

Hi all, I was suspended on full pay today pending an investigation into financial irregularities at the company I work for. A colleague and friend of mine was suspended in relation to the same thing 3 weeks ago, I can't go into all of the full details here.

My question is that I work in a very small company, only 10 employees and there is no trade union. I've worked there for almost 20 years and never had as much as a written warning before so I haven't a clue as to what my rights are and so on when it comes to my disciplinary hearing, obviously with the company being so small there isn't really anybody I can take with me from there. What I wanted to know is if any of the unions will send a representative with you even if your not a member of the union? My boss can be a bully and I know he has legal advice on employment law so will have covered all his bases.

I hate confrontation and I know I get quite emotional in stressful situations and can't think straight which is why i would prefer to have someone with some understanding of the whole process with me.

Zazen999

Trade Unions won't let you take someone along unless you are already a member.

Firstly though - did you do the thing that you are accused of doing?

Secondly, you need to call ACAS and see if they can advise.

istarimoneta

Thanks for your reply, that's what I thought but wanted to check.

No I didn't do what I have been accused of but i'm in the position where there is no physical proof of my innocence all I have is my word and version of events but because the other person involved is a really close friend of mine I don't think they will believe me.

richardvc

To use a union you need to be a member of a union - hope you get it sorted. As someone posted - contact ACAS.

A_nice_fellow

did the other person do whatever it is?

SueC_2

istarimoneta wrote: »

What I wanted to know is if any of the unions will send a representative with you even if your not a member of the union?

I shouldn't think so. If they did, why would anyone bother joining and paying for a service everyone else could receive free of charge?

dickydonkin

No I didn't do what I have been accused of but i'm in the position where there is no physical proof of my innocence

By the same token, your employer will need to provide evidence of your guilt.

LindsayO

Here is a thread where the OP is in a similar situation and they are getting advice that a union rep could go with you , without you being in the union, so that option may still be worth checking into

http://forums.moneysavingexpert.com/showthread.php?t=2562969

I don't have any knowledge or experience in this area myself, just read this other thread recently

Zazen999

dpassmore wrote: »

By the same token, your employer will need to provide evidence of your guilt.

Not so. An employer just has to have a reasonable belief that you 'did it', whatever it was.

Presumably the evidence is the irregularity; in that things don't add up that sit under the OP's financial umbrella...without any further info it is hard to suggest any ways in which this could have occurred.

dickydonkin

Zazen999 wrote: »

Not so. An employer just has to have a reasonable belief that you 'did it', whatever it was.

Part of that 'reasonable belief' must be based on evidence of some kind.

This would be discussed at an investigatory meeting prior to any subsequent disciplinary and I would suggest that any employer that dismisses someone without sufficient reason for doing so will run the risk of redress at a tribunal.

Furthermore, with the OP's situation, if the person was dismissed for financial irregularities without proof, that would certainly impact on obtaining future employment and without doubt, tarnish the reputation of the OP, and in that situation, I would be looking to seek damages for deformation of character.

You just cannot dismiss people for something you 'believe' the employee has done wthout evidence.

Trade Unions won't let you take someone along unless you are already a member.

Not so.