Suspended on full pay

FoundTheFaith

Hello all,

Just need some advice really.

I have been working for a small firm for 3 months now with no issues up until now.
I was diagnosed with a minor mental health disorder, which is now controlled by medication. I thought I would do the right thing and tell the general manager that I had recently been diagnosed, so that he had the full picture. I just wanted to be open and honest, as I have nothing to hide. There are circumstances which have lead up to me having this disorder, but I wont go into that now. Basically, my current situation is I am living in a homeless hostel, trying to get back on my feet and the first step for me is to get a job and get some money coming in, so I can get my life back in order. My employer knows my current living situation also - as I said, I have nothing to hide and this does not affect my ability at work.

Last week I made the disclosure about my condition; the following day, I had another manager approach me and asked for a private chat. He had been told by the general manager of my problems, and he said that 2 members of staff (who he named also) had raised concerns that they were 'scared' of me and 'intimidated' when I was in the room. In my mind, I immediately knew this was rubbish, but the manager told me that I had to go and explain to the other 2 staff and tell them what my problems are. I did so, even though I didnt feel comfortable doing so, but the 2 staff members said they didnt know what I was going on about and denied ever saying anything.

Prior to my disclosure, the firm were talking about making me a key-holder of the premises as they said I could be trusted. I am also the top performer compared to my colleagues, and this has been acknowledged by the firm. Also, no concerns were raised until after I disclosed my condition.

I was suspended on full pay 2 days ago, with the disciplinary hearing scheduled for 24 hours later. I put in for an adjournment as I feel that I need a lot more time to prepare for this hearing, as I am thinking of putting in a grievance against the management for disability discrimination.

The hearing is now set for this Tuesday coming, but can I ask for it to be adjourned again? I have asked my union to come along, but they said I am no longer a member as the subscription expired, so all I can get is advice and it is very general.
My employer has also advertised my job, BEFORE even telling me the outcome of the investigation. I am still suspended, yet they are advertising my job!
Can any one offer any advice on what I should be saying or doing?

Daedalus

Are you recording everything you can? A diary of what your managers have said and when. Copies of the new job adverts.

What is the hearing about? What is the complaint?

skibadee

zzzyLazyDaisy will be able to give you advice on this, she has helped me enourmously

This might help you

http://www.equalityhumanrights.com/advice-and-guidance/


Personaly I think it was wrong to ask you to explain anything to the 2 staff members.

Is there a HR dept?

ohreally

What are you being disciplined for - others being frightened of you?

FoundTheFaith

They have said Gross Misconduct, the reasons for this are;

- Being abusive and argumentative to staff
- Being intimidating to staff
- Failing to follow instruction, which directly affects other team members.

There was one occasion that I recall where I wasnt argumentative, but I simply put my point across firmly as I felt I was wronged by a manager. I went out of my way to be assertive though, but they said it was argumentative?
However, this is the only occasion I recall - they have just made up another incident that never even happened. They have also now said that they have been watching me for weeks, and that my disclosure was nothing to do with it. However, the way they approached me the day after my disclosure just makes me think its related.

There is a HR dept at the head office, and they are the people I am speaking with at the moment.

I am making records of everything, and I do have a copy of the job advert with yesterdays date on, yet the hearing isnt until next week.

skibadee

I wih you good luck with this, personally I feel that since this has only happened since your disclosure that they are trying to find away to get rid of you, but they know they cannot use your illness......disgusting!!

bluenoseam

Key in this is "3 months now" - they could have sacked you immediately at any time with no reason given and still do so, which if you go after them for disability discrimination you're sacked immediately. I get the feeling you're toast with them anyway but they're not going to be dim enough to say it's because of your mental health.

Takeaway_Addict

skibadee wrote: »

I wih you good luck with this, personally I feel that since this has only happened since your disclosure that they are trying to find away to get rid of you, but they know they cannot use your illness......disgusting!!

it maybe the case but you cannot possibly tell if the management are lying or not. 3 months is not a long time and it could be that management were monitering the OP before the disclosure.

Mistral001

It is quite likely that the mental health issue will not be mentioned at all at the disciplinary meeting and the OP should be prepared for that. In fact I am almost certain it will not be mentioned and if the OP is the only one to bring it up, the response will probably be nothing or they might say something like they have no problem with your mental health illness.

FoundTheFaith

Appreciate what you are saying, it just seems so fabricated just because they dont want me there

Mistral001

FoundTheFaith wrote: »

Appreciate what you are saying, it just seems so fabricated just because they dont want me there

That may be true (or not). Try to go in with an open mind and deal only with the speciffic disciplinary matters that they bring up. If they fabricated these issues, then they will have a few uncomfortable moments when you give them your honest answers to their questions. .Being suspended perhaps does not help as it probably makes you dwell un the matter and come up with all types of senarios.