Suspended from work

[Deleted User]

The investigation will likely turn into the employers fishing expedition, be aware of this when answering questions as your responses will ultimately lead to any decision on whether or not to proceed to a disciplinary hearing.
Try and avoid building their case for them, I know it's not easy.

Undervalued

arctic_ghost said:

The investigation will likely turn into the employers fishing expedition, be aware of this when answering questions as your responses will ultimately lead to any decision on whether or not to proceed to a disciplinary hearing.
Try and avoid building their case for them, I know it's not easy.

Yes, to a point.

However this is not a criminal investigation and there is no "right to silence" as such in employment disciplinary procedures.

Remember, to dismiss fairly in law, an employer only needs to.....

Make a reasonable (i.e. layman's) attempt at conducting a fair investigation.

After hearing both side, form a "reasonable belief" that the misconduct took place.

Plus dismissal must be within the range of sanctions a "reasonable employer" might choose.

[Deleted User]

Undervalued said:

Yes, to a point.

Yes, to a point.

The employer may decide to simply progress to an invite to attend a disciplinary hearing and impose their will and exit the op out the door, calculating a tribunal loss will cost them around £7-£10K and be prepared to take the hit in order to dismiss.

Representing a union member I had corridor talk with a contract director ahead of a hearing, he pulled this one on me an hour before the hearing was convened, dirty but effective from his POV.

purplelady99

As OP have said a suspension is not saying you are guilty of anything, it is a neutral position while an investigation take place. 

However a suspension can be a traumatic experience for the person involved and your employers do have a duty of care to you. As part of the process I would expect them to have offered you some emotional support from a third party - that is standard practice where I work. So this might be via an EAP (Employment Assistance Programme) or a referral to Occupational Health. 

purplelady99

PS you say you are not in a union. Some unions will accept new members and take on their case as soon as they join so this option is worth exploring if you have union representation at your organisation. 

Thrugelmir

arctic_ghost said:

The investigation will likely turn into the employers fishing expedition, be aware of this when answering questions as your responses will ultimately lead to any decision on whether or not to proceed to a disciplinary hearing.
Try and avoid building their case for them, I know it's not easy.

Always concerns me when there's an attitude of us and them from the start. Confrontational employees rarely make team players in my personal experience. Employment ultimately is a two way relationship. With the employee having the greater flexibility. 

Undervalued

purplelady99 said:

PS you say you are not in a union. Some unions will accept new members and take on their case as soon as they join so this option is worth exploring if you have union representation at your organisation. 

Normally only if the union feels the case is relevant to their wider membership.

Jillanddy

Undervalued said:

purplelady99 said:

PS you say you are not in a union. Some unions will accept new members and take on their case as soon as they join so this option is worth exploring if you have union representation at your organisation. 

Normally only if the union feels the case is relevant to their wider membership.

Or you may get local lay representation, but no paid official or legal representation. Lay representatives can choose to represent someone who has just joined but can't depend on the union applying resources to that support. Lay representatives often do this because it's a no loss situation - the union spend nothing on it but wins can energise recruitment when word gets around.

pinkshoes

jimbo2010 said:

Hi,

Last Wednesday, 23rd March I came into work, was shuffled upstairs and told I was being suspended pending an investigation due to an allegation made against me. I was told I would be contacted the next day regarding this and not to contact anyone at work.

The next day I received a letter via email saying I had been suspended due to allegations of grosse misconduct, inappropriate behaviour and misuse of company equipment.

Since then I have not been contacted at all to advise what is happening, offered any support or even told what the allegations are. I have rang them numerous times and when I have spoken to someone they said someone will be in contact soon. I have had messages from work colleagues saying there are rumours going around that I have been racist and threatening to kill someone. My mental health is suffering, I can’t sleep, eat and feel like I have been abandoned with no support. I can’t defend myself because I don’t even know what I am supposed to have done.

Does anyone have any advice please?

For now, try not to worry. (I appreciate that isn't easy). You are being paid in full and they will have to conduct an investigation, so try and enjoy the paid time off and get some DIY done or spring clean the house.

How long have you worked there?

[Deleted User]

Or the members will cut the proverbial nuts of the steward, taking the view why should we pay branch dues every week for non members to receive support for the asking and a few quids worth of retrospective subs.

I've seen stewards deselected,and worse, for this (H&S issues excepted).