Suspended for misconduct- HELP NEEDED

headgirl49

Hi guys,

Been pretty upset today as found out i'm suspended from work for 'misconduct'. I'll explain..I'm a youth mentor for a university and work mainly with FE Students.

Basically i started the job in September 2012 and had all the relevant training provided by the university. As a youth mentor I have to teach students about various educational topics every month such as sti's etc and monitor/supervise students in the student common room..as part of the university's interest in students they ask students to fill in feedback forms at the end of each educational topic teaching session.

In December 2012 there was some comments left in scribbly writing which made racist remarks to myself as a tutor stuff like 'why don't we have a english tutor etc'. I didn't actually see these comments but my manager did. My manager rung me at the time and asked me to call him. I called him and he told me that he had seen the comments and that i should ignore them as the majority of students are white and its ignorance, but he didn't want me to feel the matter was being ignored so he would have a meeting with all students and get the police to come in to talk about racism. He did all of this and no one admitted they wrote the comments. He then asked me if i wanted to file a police report or what. I told him that I didn't as I wasn't bothered about it and they're only college kids mainly 16 so i put it down to ignorance.

In March 2013 this year we've had two new staff members as two left who work as youth mentors next to me. Basically since then staff members have been getting odd texts which appear to be from another staff member but aren't saying they've been sacked etc. I was also victim to this and almost fell for it, luckily our work noticed and text us all so I realised. My work never found out who was doing it but had a meeting advising everyone to be careful and as a result they moved all staff files from a public area to a secure area.

Today I got called into a meeting all of a sudden at work with the head of youth mentoring and head of staff. They asked me to recall the racism incident in December and pulled out the feedback forms which has racist comments on them. They then pulled out feedback forms I had signed as part of my contract and another's mentors feedback form which had been modified and extra words added on it. They told me that all 3 pieces of documents looked like they were my writing (scribbly) and could I explain this.
i told them that I was extremely offended that they would imply I had been modifying documents and more importantly the pens we all use to write with are the same and shared between students and ourselves because we have limited supplies and I had not been writing or modifying anything and had no reason too. Furthermore the way of the writing ie: the way the a's and g's were wrote on the racism form seemed totally different to mine. They noted this and I told them just because someone has scribbly writing and mine is also does not mean that this is the same person. They then said to me on that basis I wrote '&' on a sheet and the last mentor's work that had been modified also had an '&' on.
So they put to me that no racism ever happened, I was lieing and secretly unhappy with my job and decided to falisify feedback documents, feedback sheets and was so dumb I used the same pen, same writing style and letters and words. They then ever said that next year my re-application for this job should be suggested that 'it won't go to the same person'.
To be honest I was pretty upset as I haven't done the above things and they told me that they have sought advice from their 'HR lawyer in the university' and that she hasn't actually seen the documents but her advice is to suspend me. I will be paid for days i worked that's it.

I feel this is really unfair espically when the feedback forms are left in a open environment on a desk where students can get them or staff and i did put this to them. However i feel i've been unfairly treated here espically suggesting and implying that I won't get the job next year if I re-apply. The thing that annonyed me about that is that they had someone last year who re-worked here so necessarily that wasn't a fair statement.

I just wondered what can I do? what are my rights? have they acted fairly? Could i ask that if they want to speak to me further that I have a lawyer there?

If anyone could let me know that would be fantastic as at the end of the whole meeting I was pretty upset as i really enjoy teaching these children and giving something back..

DCFC79

You in a union ?

headgirl49

i work for the students union of the university..i never was given a option for the union as i work tax free part time only 12 hours a week so unfortuanetly not i'm guessing? But anyway..I did ask today that surely I should have representation if am being accused of something..and they told me it was a 'formal' meeting so they dont have to legally get me any representation...but then at the end of it I was told they have 'seeked advice from HR and that she said to suspend me pending investigation'

Jobseeeker

OMG thats awful, lots of people have bad handwriting. And whats the bit about the texts to staff members do they think that was you as well?

I think you need to get legal advice if you're not in a union. You don't want this to end in dismissal as it may stop you working with children/young people

paulineb_2

You could start by looking at the ACAS codes of conduct, its your stautory right to be accompanied into an investigation or disciplinary hearing and its your right before you go in to know exactly what you are going to be accused off. You dont need to take in a lawyer.

You could phone citizens advice. Also, just because you work part time doesnt mean you cant be in a union

To be suspended pending investigation isnt actually a bad thing, its a sign that the company knows a bit about employment law, people generally get suspended for their own protection, its not very nice to be in work and have investigations going on around you, but the suspension should not be an assumption that you are guilty.

paulineb_2

Codes of practice sorry
http://www.acas.org.uk/media/pdf/k/b/Acas_Code_of_Practice_1_on_disciplinary_and_grievance_procedures-accessible-version-Jul-2012.pdf

They also have a helpline number, you could give them a call.

paulineb_2

They dont have to get you representation but its your legal right to be accompanied

headgirl49

Hi,

Basically they are implying..well the impression i got was they are implying that 'my writing' matches the style of the writing for the racist comments left by students..so I wrote those comments. Why? because i was annonyed with my job and wanted to cause a scene. I told them this wasn't the case and I would never make racist comments to myself as it wouldn't make sense. Furthermore in my opinion the a's on the racist comment feedback forms were different to my style of a's as were the g's per my writing. There was also my gap and clarity in my writing whilst theyres was all squashed and similar. I put this to them, to which I got no response and i told them that many people have similiar writing including students for all i know it could be the same student . Then they said you put '&' on a support form for a student in your own writing..and on a form recently that got modified by a staff member in a negative way someone modified this it also had '&' on which someone did. I told them i never use to put '&' on anything but because of the fact we have limited paper i do now, but i didn't modify any other member of staff's work and I had no reason too. They just said to me it all doesn't make sense and I said to them i know it doesn't, but it has nothing to do with me and I wasn't the only one working since then or who had a work shift+ all these documents you state I modified could be by anyone they're left openly on a desk, they accepted this and noted it.

I asked them about representation- they said exactly what you said and as this isn't a disciplinary I don't need any..and they don't have to provide it.

Moreover for me is it's upsetting I'm accused of falsifying racism against myself and it's more hurtful that I've done alot for the organisation and they try and do this. I know they're going through cutbacks as my line manager is losing her job, but if they wanted to get rid of me they could just say instead of accussing me of misconduct.

Sorry for the reply to be honest after all of it i feel terrible and **** and depressed now. It's just awful to be accused of something you haven't done and it has upset me so thats why my reply was so slow. You know i put my own time and money into this job and the kids, sometimes the kids and the student union couldn't afford resources and I paid for it myself because I really felt we were helping the students union but they don't seem to care.
I should re-iterate the 'top head of youth development' who is basically the top manager..then there was his temporary replacement for the role as he's been convering someone else at another campus.. he was the one who made the comment that he's asked the top woman in HR and she's a 'top hr lawyer' apparently according to him and she has said that I should be suspended pending investigation.
And quite rightly i was told what you said I can't have anyone there.

However the way the top manager put it was..'just a suggestion too..Next year we want to make sure the youth mentor role is given to everyone with a equal opportunity and really we don't want the same people doing the job again'..so to me this basically implied you won't get the job again even though you've reapplied. but this made no sense to me as one of the mentors who works in the same role now had worked there from ast year so..I felt like this was aimed more at me if you understand? Then when the other manager (his temporary replacement) went to get his stuff..she said even though we cancelled your shifts..we'll still pay you for 4 days so don't worry and i'm sure you'll find a job next year can't you? That implied to me she already knows/knew that I won't get the job again.

Dogger69

paulineb wrote: »

You could start by looking at the ACAS codes of conduct, its your stautory right to be accompanied into an investigation or disciplinary hearing and its your right before you go in to know exactly what you are going to be accused off. You dont need to take in a lawyer.

To correct you again, there is no legal right to accompaniment at an investigatory meeting.

headgirl49

thats what I was told^ dogger69 when I asked at the start of the meeting

cte1111

Given that they seem to have decided to suspend you based on alleged similarity in handwriting, then I would ask them to submit the handwriting for a proper assessment by experts.

I can understand why you are upset, any problems at work are horrible, to be accused of faking racism againt yourself is really awful.