Suspended from work, Advice needed.

Bigboy98

Hi I have read the advice given to others and thought it was great so I am hoping somebody will be able to help me out.

I have recently been suspended from my position as manager after 11 months service. The suspension took place exactly two weeks ago and is on full pay.

My position has been covered by other managers within the company up until this week; when a manager has been seconded in for a 3 month period.

One of the covering managers was asked by a former colleague what was going on and his reply was "he's gone and won't be back"

My questions are
1) can my position be filled by secondment or otherwise whilst I am suspended ?
2) Until the disciplinary meeting am I not supposed to be innocent and therefor no other manager should make such a comment as this indicates a decision has already been made.

I hope you can help

Takeaway_Addict

When exactly is your 1 year period up, or more precisely 51 weeks plus 1 week statutory notice?

Bigboy98

March 1st would be exactly 1 year.

Bigboy98

Also I still have no letter confirming my suspension?'

Takeaway_Addict

Then its irrelevant, they can dismiss you for any reason within your first year of employment as long as its not down to protected characteristics such as sex, race, gender etc

As long as they give you 1 week statutory then you cannot take them to a tribunal for unfair dismissal.

You need to stall the procedure somehow.

[Deleted User]

What on earth did you so that was so bad? Was it really so bad?

Ddunn

Do you have a date for a disciplinary meeting yet?

Bigboy98

No, no date, no contact what so ever. Still awaiting letter confirming suspension and reasons why

Ddunn

Well as Takeaway_Addict says after 51 weeks you gain the more protection due to being able to take your employer to a tribunal should a unfair dismissal occur. So basically you need your discipline hearing to be after 22/02/13.

My suggestion would be if you get one before that would be to try and arrange it at a later date. Should that still not be after 22/02 then maybe before the meeting call in sick and ask if they will re-arrange. Just try and stall. I wouldn't be contacting them in any hurry to ask them for anything in the mean time e.g. Suspension letter

Uncertain

Ddunn wrote: »

Well as Takeaway_Addict says after 51 weeks you gain the more protection due to being able to take your employer to a tribunal should a unfair dismissal occur. So basically you need your discipline hearing to be after 22/02/13.

My suggestion would be if you get one before that would be to try and arrange it at a later date. Should that still not be after 22/02 then maybe before the meeting call in sick and ask if they will re-arrange. Just try and stall. I wouldn't be contacting them in any hurry to ask them for anything in the mean time e.g. Suspension letter

Yes, but this does depend on how clued up the firm are.

Unless the firm has a contractual disciplinary procedure (which is fairly unusual) they are actually under no obligation to follow any proper process. As others have said as long as it is not discriminatory (in law) they could just dismiss for any reason, or none, as they don't even have to give a reason.

If the do call a formal meeting they should tell you that you have a right to be accompanied by a work colleague or trade union rep. A good way of stalling is to allow time to arrange the trade union rep.

I would suggest you do everything in your power to stall until after the 22nd February, they might just fall for it!

In fact the 21st may do as, technically, notice begins the day AFTER it is issued but it would be best to be on the safe side!

bap98189

Bigboy98 wrote: »

1) can my position be filled by secondment or otherwise whilst I am suspended ?

Yes of course they can. If the work needs to be done they can draft in other people to do it whilst you are suspended.

Bigboy98 wrote: »

2) Until the disciplinary meeting am I not supposed to be innocent and therefor no other manager should make such a comment as this indicates a decision has already been made.

No manager should make such comments to other members of staff. The matter should be confidential, however, there isn't a whole lot you can do about it. I am guessing you heard this second hand from a colleague, and I am also assuming the manager in question would deny it, so there really isn't a whole lot you can do about it as it would be your word against his and you didn't witness the event yourself.