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advice re suspension and writing letter to employer

24

Comments

  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I would word the letter as follows.

    Dear .........

    I note from your letter inviting me to disciplinary meeting that I am entitled to bring a colleague with me to this meeting. (Quote the actual wording in the letter).

    However, I am currently suspended and you have advised me that I that I am allowed no contact with anyone involved with the company (Quote the actual wording in the letter). Could you please therefore advise me what I am supposed to do to arrange representation, as my legal adviser is concerned that at present you are breaching your own procedures.

    Yours sincerely

    I bet that gets a reply!
    Ex board guide. Signature now changed (if you know, you know).
  • wrightk
    wrightk Posts: 975 Forumite
    jobbingmusician wrote: »
    I would word the letter as follows.

    Dear .........

    I note from your letter inviting me to disciplinary meeting that I am entitled to bring a colleague with me to this meeting. (Quote the actual wording in the letter).

    However, I am currently suspended and you have advised me that I that I am allowed no contact with anyone involved with the company (Quote the actual wording in the letter). Could you please therefore advise me what I am supposed to do to arrange representation, as my legal adviser is concerned that at present you are breaching your own procedures.

    Yours sincerely

    I bet that gets a reply!


    sent! thankyou i will await a reply
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    wrightk wrote: »
    sent! thankyou i will await a reply

    None of the above is the employers problem or concern therefore there is no mileage in it for them to engage with you, perhaps except to point you towards the union that you belatedly joined.
    Don’t be a can’t, be a can.
  • wrightk
    wrightk Posts: 975 Forumite
    ohreally wrote: »
    None of the above is the employers problem or concern therefore there is no mileage in it for them to engage with you, perhaps except to point you towards the union that you belatedly joined.

    i can appreciate that and dont expect any sort of meaningful response. i dont even want to return to the company after this, im just hoping that it will give me a little more time, to prepare my case so i can clear my name at least and drag the process out a little longer in order for me to find another job in the meantime, so that as soon as i can clear my name i can hand in my notice
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ohreally wrote: »
    None of the above is the employers problem or concern therefore there is no mileage in it for them to engage with you, perhaps except to point you towards the union that you belatedly joined.

    I disagree. The employer's concern will be to appear to be a reasonable employer throughout any disciplinary process, so that they can demonstrate that they are reasonable to any subsequent tribunal. Offering representation shows that they are aware of the law, sabotaging this offer tends to indicate that they are not......
    Ex board guide. Signature now changed (if you know, you know).
  • Pricivius
    Pricivius Posts: 651 Forumite
    Ninth Anniversary 500 Posts
    jobbingmusician wrote: »
    I disagree. The employer's concern will be to appear to be a reasonable employer throughout any disciplinary process, so that they can demonstrate that they are reasonable to any subsequent tribunal. Offering representation shows that they are aware of the law, sabotaging this offer tends to indicate that they are not......

    Incorrect -the law does not require them to offer representation at all. The law states that where a reasonable request is made by the worker to be accompanied, the employer must permit the worker to be accompanied providing the companion is a trade union official or a colleague.

    The employer in this instance has done more than requierd by offering for the OP to be accompanied by a TU official or a colleague when they did not have to. They have not sabotaged anything.
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The law requires them to be a reasonable employer. They are demonstrating this by offering representation. They are refuting this by stating that the OP cannot talk to any colleagues in order to arrange such representation.
    Ex board guide. Signature now changed (if you know, you know).
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    jobbingmusician wrote: »
    The law requires them to be a reasonable employer. They are demonstrating this by offering representation. They are refuting this by stating that the OP cannot talk to any colleagues in order to arrange such representation.

    As I understand, from information provided by the op, that wrightk has decided not to ask any individual, as they either form part of the case against or are suspended themselves - none of which qualifies as employer refutation, imho.
    Don’t be a can’t, be a can.
  • jobbingmusician
    jobbingmusician Posts: 20,347 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    see post 4, though..............
    Ex board guide. Signature now changed (if you know, you know).
  • wrightk
    wrightk Posts: 975 Forumite
    i received a reply from the employer. they seem to have misread my letter about representation and have read into it that i am complaining that i am unable to contact colleagues about representation and have said they can do this for me.

    My issue is i am being offered representation but am being told that i am allowed to ask a colleague to accompany me but it has to be noone involved in the investigation. 2 of my colleagues are suspended which relates to my investigation, my other colleagues have given evidence against me. so how can i get anyone from work who is not involved

    'it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing'- ACAS

    how can someone who has given evidence against me be impartial at the meeting. and how am i meant to get anyone to represent me when they are involved in the investigation, when i have been explicitly told not to?how is this fair
    Even a stopped clock tells the right time twice a day, and for once I'm inclined to believe Withnail is right. We are indeed drifting into the arena of the unwell.
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