Suspended from work - no obvious reason

Cpt_Kenrow

Hi, this relates to a my mother-in-law and not myself.

As of last week she was suspended (with pay) from her job of over 30 years by phone and without explanation. I don't want to go into too many details, but it is a healthcare related post.

One week on and she is in pieces, and still has no idea of what she might have done to warrant being suspended.
The only thing she can think of might be three minor mistakes within a week. All these were very small and were documented. She says many of the people she works with wouldn't even have bothered reporting them. This also comes off the back of sick leave from which the employer had been pestering her to return asap.

So far the union say they can't help without the reason for suspension being given. Whilst this seems fair enough, from what I've read the employer can take up to 12 weeks to provide this.

Having read around this topic a fair bit a few things strike me. In her contract it says suspension for gross misconduct - it seems implausible that she can think of nothing, let alone something this serious.
Does this mean if she was suspended for something lesser it would be breach of contract?

I have also read that suspension cannot be used as punishment or without very good reason, plus it is not a neutral act. This is very apparent given the current mental state of my mother in law. It is quite likely, given her age that this might be the end of her career, regardless of the outcome. In addition there is reputational damage.

So, any ideas what the best next step is? Obviously difficult to answer in the absence of a reason for the suspension...

Thanks.

Alfrescodave

Does your MIL have a copy of the Company's disciplinary procedures? It would be useful for you and her to understand them and check whether or not they are being followed just in case this becomes a problem in the near future.

Undervalued

Cpt_Kenrow wrote: »

Hi, this relates to a my mother-in-law and not myself.

As of last week she was suspended (with pay) from her job of over 30 years by phone and without explanation. I don't want to go into too many details, but it is a healthcare related post.

One week on and she is in pieces, and still has no idea of what she might have done to warrant being suspended.
The only thing she can think of might be three minor mistakes within a week. All these were very small and were documented. She says many of the people she works with wouldn't even have bothered reporting them. This also comes off the back of sick leave from which the employer had been pestering her to return asap.

So far the union say they can't help without the reason for suspension being given. Whilst this seems fair enough, from what I've read the employer can take up to 12 weeks to provide this.

Having read around this topic a fair bit a few things strike me. In her contract it says suspension for gross misconduct - it seems implausible that she can think of nothing, let alone something this serious.
Does this mean if she was suspended for something lesser it would be breach of contract?

I have also read that suspension cannot be used as punishment or without very good reason, plus it is not a neutral act. This is very apparent given the current mental state of my mother in law. It is quite likely, given her age that this might be the end of her career, regardless of the outcome. In addition there is reputational damage.

So, any ideas what the best next step is? Obviously difficult to answer in the absence of a reason for the suspension...

Thanks.

Sorry but in the vast majority of circumstances it is (legally) "a neutral act". She is after all being paid without having to work plus, if she has any travelling costs, she is actually better off!

I understand it is a bit like the phrase "helping the police with their enquiries". Taken literally, any decent law abiding person would be only too happy to help the police. However it does tend to convey a negative image!

As her union say, it is very difficult to help until the company puts its case forward. As they are currently paying for no work it is obviously in their interests to do this fairy promptly. However if they take several weeks it is unlikely to be unlawful and very little she can do about it.

Unless there is a very significant delay all she can do is wait and ensure that she complies with any restrictions such as not contacting other members of staff etc.

Undervalued

Alfrescodave wrote: »

Does your MIL have a copy of the Company's disciplinary procedures? It would be useful for you and her to understand them and check whether or not they are being followed just in case this becomes a problem in the near future.

Company disciplinary procedures are very, very rarely contractual. Even if her's are and the company fails to follow them it would not, in itself, make any action unlawful. It might give rise to a wrongful dismissal claim (i.e breach of contract) but all that generally yields is a few days pay to compensate for however long it would have taken to do it properly.

Comms69

Cpt_Kenrow wrote: »

Hi, this relates to a my mother-in-law and not myself.

As of last week she was suspended (with pay) from her job of over 30 years by phone and without explanation. I don't want to go into too many details, but it is a healthcare related post.

One week on and she is in pieces, and still has no idea of what she might have done to warrant being suspended. - Nothing, suspension is a neutral act. It is not a determination of any guilt or fault.
The only thing she can think of might be three minor mistakes within a week. All these were very small and were documented. She says many of the people she works with wouldn't even have bothered reporting them. This also comes off the back of sick leave from which the employer had been pestering her to return asap. - Mistakes reported and rectified as per policy should generally not be treated as disciplinary.

So far the union say they can't help without the reason for suspension being given. Whilst this seems fair enough, from what I've read the employer can take up to 12 weeks to provide this. - Yes that is not unusual and they are correct, there's nothing they can do without information

Having read around this topic a fair bit a few things strike me. In her contract it says suspension for gross misconduct - it seems implausible that she can think of nothing, let alone something this serious.
Does this mean if she was suspended for something lesser it would be breach of contract? - No. The employer can, at any point, require an employee to not attend work. No breach of contract. As long as they are paid, there is no breach

I have also read that suspension cannot be used as punishment or without very good reason - that is incorrect. , plus it is not a neutral act - it is. . This is very apparent given the current mental state of my mother in law. It is quite likely, given her age that this might be the end of her career, regardless of the outcome. In addition there is reputational damage. - what damage? Can you quantify it?

So, any ideas what the best next step is? Obviously difficult to answer in the absence of a reason for the suspension...

Thanks.

Nothing. Catch up on reading. Do some shopping. Whatever she wants to do.


Suspension is a neutral act and as such there I nothing actionable

ohreally

She needs sight of the policy as the employer may be breaching terms, it's. Normal to be informed of the reason for suspension. She needs to be aware that the employer may use any subsequent investigation to go on a fishing exercise.

Your right, there's nothing neutral about the act, indeed courts have passed judgement on suspension situations being anything but neutral.

Blatchford

Just one thing that I'd add. I do not agree that the union can't help without knowing the reason for the suspension. They can. And they should. They can't change the fact that she is suspended, and they can't insist they be told why. But they can tell the employer that this situation is having an adverse impact on their employee, and they can ask for information about timescales etc. And if nothing else, that puts the employer on a warning that they are there and watching.

Blatchford

ohreally wrote: »

Your right, there's nothing neutral about the act, indeed courts have passed judgement on suspension situations being anything but neutral.

Only in very rare circumstances where there had been prolonged suspensions. This nowhere approaches that bar. It is right and proper that an investigation take place, and that means in some circumstances a suspension is justified until that can be done. It is a neutral act. It does not presuppose guilt or innocence.

ohreally

Blatchford wrote: »

Only in very rare circumstances where there had been prolonged suspensions. This nowhere approaches that bar. It is right and proper that an investigation take place, and that means in some circumstances a suspension is justified until that can be done. It is a neutral act. It does not presuppose guilt or innocence.

For the moment, let's agree to disagree. I've posted in the past and cited the cases where judgement has unanimously agreed their views. I'm unable to do so at the moment as I'm on a site for a disciplinary atm. If I remember I'll pick up this evening, or if you can be bothered it will appear from a previous post.

annandale

Helping police with their enquiries? The advice solicitors give is to say no comment incase anything they say is used against them at a later date.

On this subject. I’d advise giving ACAS a call.

Comms69

annandale wrote: »

Helping police with their enquiries? The advice solicitors give is to say no comment incase anything they say is used against them at a later date.

On this subject. I’d advise giving ACAS a call.

Solicitors do not by default say - "go no comment". That is terrible advice unless accompanied by a statement.


It will in effect lead to a charge, which is not what a suspect, guilty or not, wants.


A solicitor, having received disclosure, will advise their client appropriately. The police may suggest a caution is on the cards for a full and frank admission; equally there could be reluctance to take it to court in the victim statement and a no comment interview would be ideal. BUT it's bespoke advice.