Suspended from work please help

pollywol

As an HR advisor I would ask you to bare in mind the following things

* This was not an investorgatory meeting this was the initial suspension so that they go ahead and investigate the allegations.

* Normally suspension would only be appropriate in a misconduct case, not a performance issue, so I am assuming there is a misconduct issue here?

Were you shown the notes and asked to sign them to say they were an accurate representation of the converstion?

* Were you offered a witness of your own? you should have been and though you said you were happy with the choice of note taker, it should not go against you if you explain the reasons why at your next meeting, by best practice, the next meeting should be taken by somebody new (who will given the notes to read over beforehand). and the note taker should be new too (esp if you reuest this) you are entitled to another employee as a witness, and they are allowed to take notes also, but niether note taker is allowed to input in any way except to ask for a ajournment if they feel you are getting upset or the meeting needs to cool down.

Once this investorgatory meeting has taken place (this is the time to state your case and make sure you do not leave anything out this time), you will be excused and invited back for the disciplinary outcome which can range, depending on the issue and the mitigaion surrounding it from no further action to dismissal (if its a criminal offence, this is the stage that some emplyers would also take action with the police)

You should be allowed 48hrs notice of the next meeting and also given access to all evidence gathered in good time beforehand.

I have seen some shocking employee investigations that thought the employee was obviously guilty (im not saying you are)they have fallen down because the person holding them did not follow procedure Knowledge is power my friend!!!


Hope this helps

ILW

What has your personal life got to do with employment anyway?

MikeTee

thanks for your replies.

I was slightly dazed after i heard the word suspension so didn't really comprehend much of the rest of what was said but i wasn't shown the notes or asked to sign anything.

Yes this will be construed as a misconduct issue but i don't believe criminal.

There was no witness opportunity offered.

I do recall being advsed that i will be written to as to the next step - Is it common practice for the letter to include details of the full charges being brought against me? See the problem I am thinking is that if they give you the charges it gives you time to think up a whole load of excusses etc - I will be telling the whole truth but how will they know that.

When I attend wherever i have to go and will essentially bare all is from your experiences severe mitigation considered or is it usually a case of if they deem you have broken the rules you are dismissed? By severe mitigation i mean financial difficulties, addicton, a huge amount of stress and others.

I have loyal service for many years no previous problems and have won awards in the past - does any of this really matter if they deem gross misconduct is the outcome.

Trying to second guess whats going to happen which i know i cant really but just trying to explore and hear from people who have experience of these issues.

thanks again for your help so far.

ohreally

MikeTee wrote: »

I will be telling the whole truth but how will they know that.

They don't. They may rely on you bursting to build their case to go to disciplinary.

MikeTee wrote: »

When I attend wherever i have to go and will essentially bare all

I wouldn't advise this. Speak with your steward for advice ahead of the meeting. Request the stewards attendance.

jazzyman01

You have only given limited information and therefore the advise you are going to get is going to be based on the legal framework and not whether you are likely to be dismissed.

SarEl is correct - there is no right at all to have a representative at an investigation meeting - it is usually a result of the meeting that determines whether or not there will be a suspension. Any subsequent meetings you should be allowed to have a union rep or employee rep with you.

Yes - you should be given copies of any evidence that the Company is going to use in the disciplinary hearing and you should get this well in advance of the meeting - someone suggested 48 hours - I would say that is the absolute minimum. You have the right to postpone the meeting if your rep is not available or to enable you to prepare your case more fully.

Notes of the meeting should also be sent to you. If you disagree with the contents then make the changes and send a copy back immediately with the changes.

Finally, it does not have to be criminal for a Company to determine Gross Misconduct. Get a copy of the disciplinary procedure asap.

MikeTee

ohreally wrote: »

They don't. They may rely on you bursting to build their case to go to disciplinary.



I wouldn't advise this. Speak with your steward for advice ahead of the meeting. Request the stewards attendance.

Isn't honesty the best policy although my earlier posts said that i had ommisions based on personal reasons. Can a Union rep advise anything other than being totally honest.

On this point my union rep is employed by my employer but is a fully trained on site union rep - is this usual?, is there not a confict of interests in such a senerio.

SarEl

jazzyman01 wrote: »

Any subsequent meetings you should be allowed to have a union rep or employee rep with you.


.

I am sure jazzyman meant to say "at any subsequent disciplinary meetings" - there is never a right to be accompanied at any investigatory meeting, and there may be several, depending on what it is alleged you have done. You may ask to be accompanied - but the employer is legally entitled to refuse.

And the advice from Pollywol the new member who is an HR expert is quite confusing - largely on the basis that none of it is a legal requirements and nor is it even ACAS guidance!

This was an investigatory meeting - they invesitgated and took notes on your answers. Suggesting that it wasn't is not helpful to you.

We have already flogged the "right to a witness" do death - there is no such right at an investigatory meeting.

Once a second or more investigatory meeting has taken place you will not be invited back to hear an outcome of the disciplinary - and I am shocked at an HR professional saying such a thing. You will be notified whether it is deemed that there is a disciplinary case to answer, and if there is you will be invited to a disciplinary hearing at which you will make your case and they will make theirs. Only after that will there be a disciplinary outcome.

I would suggest, since the only thing that I agree with in the post is that knowldege is power, that you get some knowledge that is accurate!

ohreally

MikeTee wrote: »

Isn't honesty the best policy although my earlier posts said that i had ommisions based on personal reasons. Can a Union rep advise anything other than being totally honest.

On this point my union rep is employed by my employer but is a fully trained on site union rep - is this usual?, is there not a confict of interests in such a senerio.

Mike, you should realise (at risk of repeating) the employer is building a case against you - they are partly reliant on you providing them with the information they require to go to disciplinary.

Re the rep - not at all unusual - he's a lay rep and normally will be a company employee, some are outstanding, some less so.

My personal experience with pcs reps is, generally they are well trained and fairly knowledgeable re CS procedures.

MikeTee

ohreally wrote: »

Mike, you should realise (at risk of repeating) the employer is building a case against you - they are partly reliant on you providing them with the information they require to go to disciplinary.

Re the rep - not at all unusual - he's a lay rep and normally will be a company employee, some are outstanding, some less so.

My personal experience with pcs reps is, generally they are well trained and fairly knowledgeable re CS procedures.

Many thanks for this, as I am suspended do you know if it is usually acceptable to enter the workplace to meet the rep to discuss my case? I am still waiting for them to get back to me after leaving a message.

Torry_Quine

MikeTee wrote: »

Many thanks for this, as I am suspended do you know if it is usually acceptable to enter the workplace to meet the rep to discuss my case? I am still waiting for them to get back to me after leaving a message.

Usually when suspended you are not allowed to enter your place of work.