Suspended pending investigation

tomtontom

IceCold wrote: »

I think this may depend on where you work but if it's basically a case of your word against their's then I can't see anything further happening when the investigation is finished.

If the complainant has a greater length of service, or claims substantial distress from the incident, it's quite possible they would dismiss the OP to make the issue go away. Not fair, but depending on the circumstances it may be the simplest/ least costly option for the employer. Conversely, if the OP is highly valued and the complainant easily replaced they may favour the OP and manage the complainant out of their job.

These issues are often "resolved" for reasons beyond the complaint itself.

CRC1974

I'm sorry to hear of your issue Ice Cold. Thanks fir the info. Guess it's all in the lap of the gods then until I find out some basic info on what and who. I honestly don't know of anything I may have done to make this come about. I'm a nice fun guy with no malice and always friendly. I guess I must have done something but can't imagine what?! Certainly nothing consciously anyway but I suppose there is always a danger of being mid-interpreted etc. thanks for all the advice! I will keep you posted as I hear more.

Darksparkle

Happened in my work to a guy who thought he done nothing wrong. Made a stupid joke to a female member of staff that she and those round about did not find remotely appropriate.

IceCold

CRC1974 wrote: »

I'm sorry to hear of your issue Ice Cold. Thanks fir the info. Guess it's all in the lap of the gods then until I find out some basic info on what and who. I honestly don't know of anything I may have done to make this come about. I'm a nice fun guy with no malice and always friendly. I guess I must have done something but can't imagine what?! Certainly nothing consciously anyway but I suppose there is always a danger of being mid-interpreted etc. thanks for all the advice! I will keep you posted as I hear more.

I missed the part where you said you'd only been working there for 10 months. In that case I'm not sure what is most likely to happen as your employer can still get rid of you for any reason at this point. The man in my case had been working there for years.

Are they not allowed to tell you what you're being accused of and by whom?

jobbingmusician

Remember that they are still not allowed to dismiss you for any discriminatory reason. As the accusation against you is related to sexual harrassment, your employers will (if they are sensible) be extremely careful in their handling of the case to demonstrate that they are not discriminating against you on the basis of gender. This is a slight 'grasping at straws', but it is still worth you bearing in mind throughout the process the question 'would they treat the opposite sex this way?'

CRC1974

Thanks for the suggestion jobbing musician. I have a feeling I know where this will go. Assuming they go to dismissal, how do I explain this when looking for another job? Should I ask for an agreement or resign first as I can't see me going back after this even if it goes nowhere.
When asked by a new employer why I left my previous employer what could I say to get around this?
I'm already thinking they will find me guilty of something? After all they wouldn't have suspended me if they didn't have something would they?

Darksparkle

CRC1974 wrote: »

I'm already thinking they will find me guilty of something? After all they wouldn't have suspended me if they didn't have something would they?

Not necessarily, that could just be their standard procedure for an allegation such as this.

Gavin83

CRC1974 wrote: »

I'm already thinking they will find me guilty of something? After all they wouldn't have suspended me if they didn't have something would they?

Not necessarily. They'll likely have to take this course of action with such an accusation. Let's be honest, there is one of three reasons here:

1) You've said something you don't find inappropriate but someone else has. It'll be up to the people leading the investigation if your wrong here or the other person is being sensitive.

2) You've upset someone in some way (told them off, been to strict, etc) and they've made up this allegation to try and get rid of you. I'd hope naturally you'd be ok in this case.

3) You have done/said something but you just don't want to admit it on here.

I'll assume 3 isn't a possibility so in your case, before doing anything further I'd wait to hear what the allegation is and what evidence they've got. Like it or not, the outcome of this meeting could well depend how much they value you in the job.

If the worst does happen I'd probably negotiate a good reference in writing in return for going quietly.

maninthestreet

CRC1974 wrote: »

Thanks for the suggestion jobbing musician. I have a feeling I know where this will go. Assuming they go to dismissal, how do I explain this when looking for another job? Should I ask for an agreement or resign first as I can't see me going back after this even if it goes nowhere.
When asked by a new employer why I left my previous employer what could I say to get around this?
I'm already thinking they will find me guilty of something? After all they wouldn't have suspended me if they didn't have something would they?

Suspension (with pay?) is a neutral act. Have you been informed of a date for any proposed disciplinary hearing??

CRC1974

I have now received a letter from them setting out why they have suspended me as the allegation is sexual harassment but they will ask me to come in for an investigatory meeting in the next few days to see if there is anything to go to the disciplinary process. If this does go that far I'm thinking I will wait to see what they say at the investigatory meeting and decide if I can fight it or not. At that point if I think I can't fight it I will state that my conscience is clear and that even if I fought this I would not be able to return so would they consider allowing me to make an agreement to resign and go quietly for a neutral reference. I think this is the likely outcome actually as it avoids risk of further legal issues for them if I take a discriminatory case or one for wrongful dismissal or that there actions amount to not being reasonable as it will be something very minor that I have done such as cracked a joke or similar. It is not in the companies interest to allow me to take them to court.
Has anyone got any thoughts on when I broach the resignation subject, what I would say to persued them and how to negotiate it?
Thanks in advance!