Suspended on full pay

lili2008

Have you got anything in writing about how you were going to become a key holder? Also any written reports of your good work?

I don't know what you mean by 'minor mental illness' but some mental health conditions can be classified as disabilities which give you certain protections under the Equalities Act. If they have been diagnosed for 1 year or are likely to continue for longer than a year.

Speak to the CAB, also negotiate wit the union as if you were a member but have only just lapsed, they may consider taking the case if you push them. There are also law centres, a certain amount of free advice and of course the no win-no fee types.

It's worth taking legal advice at this stage I would say. Sounds like your employers are trying to bully you out. Keep records, keep yourself healthy and good luck.

TrickyWicky

Sounds to me like a witch hunt against you op. They know you have mental health issues and are now **** scared of their responsibilities and obligations and want you gone.

Companies are good at making stuff up to get rid of staff they don't want the hassle of dealing with. It doesn't matter how hard you work, how well you work, how many extra miles you go, if they think you're gonna give them a mild long term problem they want you gone. Believe me, I've been there and done that.

The fact that they've suspended you on full pay says to me that they're biding for time. They don't quite know how to handle you or get rid of you so they're giving themselves space to see what they think they can make stick.

Be careful at this meeting. Not sure how I'd play it out tbh but pleading with them for your job can be a sign of weakness and only encourage them to further walk all over you. On the other hand standing up to them can also back fire.

gfplux

Have you been able to read about the disciplinary procedure at the company. There should be an employee handbook (you should have a copy) that details how the procedure works.
All employers have to go through a set procedure your company can not be different.
I would have thought you could have someone with you at the hearing.
You should find out if you can.

Uncertain

gfplux wrote: »

All employers have to go through a set procedure your company can not be different.

No they don't actually, that was abolished a while back.

There are guidelines, which a sensible employer would be wise to follow, and the OP has a right to be accompanied by a trade union rep or a work colleague but that is about it.

The real problem here is that the OP has not worked for the firm long enough to have any protection against unfair dismissal unless he can argue that he has suffered unlawful discrimination.

The firm could therefor dismiss him without following any process and simply pay him one week's notice (or more if specified in his contract). If they could reasonably argue gross misconduct then they don't even have to pay this.

If the OP illness amounts to a disability (in law) then this gives some protection but only if he can prove that this was actually the real reason for dismissal.

Without knowing more details of the "minor mental illness" it is hard to say if is a disability for these purposes but my guess would be it is not.

agrinnall

As you've only worked there for 3 months they can get rid of you for no reason at all, so they would be foolish to waste their time on a gross misconduct disciplinary if they actually do want you out. It seems to me that it's more likely that they have received complaints and are acting to determine the truth of those - if you state your case calmly and reasonably then they may well either find in your favour or decide to give you the benefit of the doubt.

patman99

I would suggest they are trying a witch-hunt. I witnessed this whilst working in a factory. A guy there had a mental health iusse that his Dr. was prescribing meds for. For some reason, the Doc changed his meds resulting in him becoming paranoid. He ended-up head-butting another worker and got himself suspended.
After his meds were changed again, he regained his sanity. The managements reaction was to haul-in the workforce one-by-one until they found one that refused to work with him and used that as an excuse to get shot of him. I do know having worked for a week with his son many years later that he walked right in to another job and was there for 11 years at a much higher rate of pay, so in the end he was the winner.

As for the OP, Make sure you read-up on your rights and don't forget to PM zzzyLazyDaisy. DON'T go in all guns blazing. Make crib notes on the info you need to remember, answer their questions without mumbling or shouting, sit up in the chair at all times, don't cross your arms or legs as they will read this as you going all-defensive and finally - Good luck for your hearing on Tuesday (and let us know how it went).