Suspension from work but I'm innocent.

HardWaiter

Hello to everyone, hope all good and fine;

I really hope someone can help me out with some consultants and info regarding my case.

I work in hospitality, I'm a waiter in a restaurant. Last Friday before my shift started, I was called by my Head of Department, asking me to follow him. On the way to the HR, he asked me if I knew where we were going and the reason… of course I said no… I'm a very dedicated person to work and my workplace, kind and gentle with all my colleagues. When we arrived at HR, they told me that from that moment I was suspended from my work and position for "displayed inappropriate behaviour towards another team member" and only verbally they mentioned sexual harassment as well.

The evening before, at the end of the shift, one of my F colleagues, without paying attention, bumped into me hard. Immediately she starts to swear at me in her language (not in English), and I say "Look out where you are going, watch before moving". No other colleagues were present and we don't have CCTV in that space. At that moment the ONLY contact was body to body, I didn't touch her at all.

I have worked for this place for 2 years, never had a problem or other issue. I have known this person since the induction as we start at the same time to work for the workplace. And since this moment I try to avoid every type of contact and connection with her as she is very rude with everyone.

Now, from friday i can't contact any of my managers or colleagues from my work place and, of course, can't work at all. The suspension is on until the investigation is over.

What can I do when I need to present myself in front of the HR for this event? What evidence and witnesses i need to bring with me counting that no other colleagues and CCTV are not present? Should I need a Solicitor when the HR contacts me?

I'm not a wealthy person, I can't afford a big expense for a Solicitor…

HardWaiter

Forgot to mention, last month I was just promoted to an upper position, and I'm in a probation period. Also we are going on holiday (the full workplace) in a few weeks. And at the moment nobody from HR contacted me yet, only the email with the letter of suspension.

DE_612183

Have you checked your employment contract about what it says should happen in cases of suspension?

Do have a Union which you are a member of?

Is there another employee who can help you and go with you when you visit HR next?

HardWaiter

https://forums.moneysavingexpert.com/discussion/comment/81926755#Comment_81926755

Yes, I check my contract and what is mention is:

" The workplace reserves the right to suspend you from work in order to investigate any claim or allegation which the workplace considers could constitute serious misconduct, where relationships have broken down, where the workplace has any grounds to consider that its property or responsibilities to other parties are at risk, and/or where we consider that your continued presence at our premises could hinder an investigation. During any such suspension you will be paid at the rate of pay to which you would be entitled if you were not subject to the suspension. Any such suspension is without prejudice to the workplace’s right to subsequently end your employment on the same or any other ground and will last no longer than is necessary to carry out any inquiry or investigation into the circumstances and to hold any appropriate disciplinary hearings."

NO I'm not a member of any Union.

Yes and No… in that moment nobody was present, and I can't contact any of my colleagues in any case.

elsien

in theory, suspension is a neutral act. It is not a presumption of guilt, although it does feel like that if you’re the person suspended.
It is to remove you from the situation, to protect both parties so there can be no further allegations or tampering of evidence, etc in the meantime.

You need to get hold of your organisation’s disciplinary policy so you understand what the next steps and time frames are.

Also a reminder that at the moment they are in the investigation stage - i.e. gathering evidence and taking statements - not the formal disciplinary stage which it may never get to. You need to understand the difference between the two.

So you would not be taking witnesses along because they are just talking to you to get your version of events at this stage. Anything else to pick you up? You can mention, but presenting it would come later if it goes to disciplinary.

There is no right of accompaniment during an investigation although some companies do allow that.
if you are in a union though I would be contacting them for advice.

Sam_666

As said above, look in your employment contract about this. Also, check if employer internal website has details about procedure.

If you are employed for more then 2y, then you cant be sack on spot.
NEVER go to HR meeting on your own, always bring with you trusted person.

You have nothing to prove, it is up to accuser to prove accusation. Ask on meeting if you can voice record meeting, also take plenty notes. You are not in prison, dont answer questions that are provocative and intrusive. Feel free to take break any time you want and if you dont like tone of meeting or feel disrespected just walk away.

No, solicitor is only if this goes to court. If your employer is not very careful, you can take them to court and hit their pockets big time.

I feel there is more to this story then what is posted.
"she is very rude with everyone", "swear at me in her language (not in English)". How is any of this relevant to anything? It only indicate pre-existing hostility between two, that eventually blew up.

HardWaiter

https://forums.moneysavingexpert.com/discussion/comment/81926800#Comment_81926800

I'll do 2 years in July…

As a trusted person could be a colleague or some one from outside?

Ok, thanks for the info regard the meeting.

OK, solicitor is not needed.

It's possible… but all my colleagues know about this…

Sam_666

https://forums.moneysavingexpert.com/discussion/comment/81926784#Comment_81926784

Says who?
There is no right of accompaniment as much as there is no right to refuse to be accompanied.
Courts would take such action by employer as very hostile.

HardWaiter

https://forums.moneysavingexpert.com/discussion/comment/81926784#Comment_81926784

I read through the Hand Book, doesn't mention anything about time or step of event.

HardWaiter

As many of you mention about Union, which one is the best to contact for my case? I don't know any of them.

bill6262

https://www.acas.org.uk/dispute-resolution