Employed 1 year 11 Months and now on Investigatory Suspension

General_Grant

Masomnia wrote: »

Took a bit of googling, but if you need something to help you nod off tonight: https://www.employmentcasesupdate.co.uk/site.aspx?i=ed37239

The issue is the 'effective date of termination', which for the purposes of calculating the length of service for the 2 year qualifying period is expiration of statutory notice, hence if you have a few days sort of two years you can still usually bring a claim because your statutory notice takes you over the line. It comes down to a close reading of the law and the statutes that provide for minimum notice, which still allow for employers to terminate for gross misconduct without notice, hence in a dismissal for gross misconduct there is no statutory notice due and if the effective date of termination is before the 2 year mark as a result then there you won't reach the 2 year mark.

So yes whoever told you that was wrong. I think with ACAS it can depend on who you get on the other end of the phone, it's free at the end of the day and they don't have in depth legal training.

Statutory notice for the OP is one week.

Blushing_Money_Spender

Savvy_Sue wrote: »

If your union rep works for the company, you should be able to consult someone NOT employed by the company by ringing union HQ or local branch if off-site.

I think I would TELL them that if they cannot give permission for you to speak to the Union Rep, then this is what you will be doing.

Out of interest, did you do it?

I've genuinely done nothing wrong. I have spoken to other senior managers about the 'aspiration' but nothing had been agreed. I only mentioned it to them because they have a franchise agreement due in April and this would have been difficult to fulfil if the aspiration was to happen. 😔

ohreally

Blushing_Money_Spender wrote: »

I've genuinely done nothing wrong.

By your own admission you passed on confidential information.


What does you'd notice of suspension say?

Empor

Masomnia wrote: »

Took a bit of googling, but if you need something to help you nod off tonight: https://www.employmentcasesupdate.co.uk/site.aspx?i=ed37239

The issue is the 'effective date of termination', which for the purposes of calculating the length of service for the 2 year qualifying period is expiration of statutory notice, hence if you have a few days sort of two years you can still usually bring a claim because your statutory notice takes you over the line. It comes down to a close reading of the law and the statutes that provide for minimum notice, which still allow for employers to terminate for gross misconduct without notice, hence in a dismissal for gross misconduct there is no statutory notice due and if the effective date of termination is before the 2 year mark as a result then there you won't reach the 2 year mark.

So yes whoever told you that was wrong. I think with ACAS it can depend on who you get on the other end of the phone, it's free at the end of the day and they don't have in depth legal training.

Thanks, consider me enlightened! To be fair to ACAS it might have been before this appeal case that we spoke to them.

Blushing_Money_Spender

Just a quick update... I have now been off for 4 weeks and have not heard a thing from my place of work. I have been signed off now but this hasn't even been acknowledged. Is there a process of which my company should follow? Surely, I would of heard something by now?

eamon

Many employers are poor at disciplinary procedures and processes, yours could be one of these. ACAS has general advice on the the use of suspension in investigations that you should read. Four weeks suspension is nothing I personally know of one person that was suspended for nearly two years and they are still employed by the same company.

Having said all this its more likely that whoever is leading the investigation is finding it difficult to tie down the relevant parties in a timely fashion.
On a plus side you may by now have passed the 2 year limit but its a moot point as you could still be summarily dismissed for gross misconduct if that is indeed an option.
Suspension is meant to be a neutral act, though a High Court did find otherwise however High Courts don't set case law.

Have you sought advice from your trade union? Even if you are unable to reveal the details, being "alone" is not good for your mental health.


Take care of yourself.

Blushing_Money_Spender

Thank you Eamon. I will give them a call tomorrow and seek advice. I have spoken to the Union but they won't get involved until a hearing. I was advised to stay away from my rep as he works within the department. Thanks for your support

Masomnia

If the Union won't get involved until a hearing then I think you should push back a bit, because obviously being suspended is not good for you! I think a politely worded email to whomever it was suspended you asking for an update is in order.

Did they ever set out in writing that you were suspended and why?

Masomnia

eamon wrote: »

Suspension is meant to be a neutral act, though a High Court did find otherwise however High Courts don't set case law.

I think the case you're thinking of is the one of the teacher, and the Court IIRC said that it was at least in the case of a profession like a teacher that suspension was not a neutral act; but broadly agree and I've no doubt that further cases will clarify that suspension generally is not a neutral act. As obviously it isn't!

The High Court does bind courts below it. I would just caution against relying on that case if it's not the same circumstances, ie not a profession like a teacher.

Blushing_Money_Spender

Masomnia wrote: »

If the Union won't get involved until a hearing then I think you should push back a bit, because obviously being suspended is not good for you! I think a politely worded email to whomever it was suspended you asking for an update is in order.

Did they ever set out in writing that you were suspended and why?

Hi, I received a letter after the fact finding stating I was placed on Investigatory Suspension as I have allegedly sharing a 'transformation project' with other staff members.

This did happen but it was shared with other Senior Managers who are bound by the same confidentiality agreement. I have requested an update but have been told there is no update to give and that he will be in contact with me in due course. As previously mentioned this has been ongoing for 4 weeks now. I have now passed my two years service but feel that my position will now be untenable. I literally dread my phone ringing or the postman coming to the door.