Husband has just been supsended!

jamjar,

I can't belive it, my husband received a phone call this morning telling him that he is suspended pending further investigation into a claim that an ex employee has made that he was picked on/bullied and racially abused. The ex employee, who left last week, and who has not reported to my husband for over 6 months obviously has a grudge. My husband completely denies the accusations and I believe him 100%, as I know what this ex employee was like, and it's just not the sort of thing my husband would do. We feel completely helpless! Any advice would be much appreciated. Thanks.

mrsh1968

Hi, try ACAS. ACAS is an organisation devoted to preventing and resolving employment disputes, they offer free advise and specialise in this area amongst others. I used them a while ago when a former employee of my husbands company starting making unfounded allegations and we were given lots of advise and help that allowed us to defend our corner sucessfully.
Good luck and I hope that it is resolved for you soon.

The website is www.acas.org.uk
You can get telephone numbers on that site so that you can actually speak to someone (sorry about the green text, not sure what happened there!)

Willman_Rodders

Don't panic! Easier said than done, I know, but don't. Start by taking a deep breath, have a drink, and sit down together to talk things through.

When the shock/anger/frustration begins to subside (You will both go through a range of emotions; someone more knowledgeable than me will tell you what they are and the order in which they occur) begin to draw up an action plan.

The resources available are: Union representation; legal representation (as in a solicitor) and your husband's personnel department. The latter may not be as much use as you would expect as they will have a conflict of interest between your husband and the ex-employee.

You need to establish what the complaint is; but again this may be more difficult to establish to start with as the personnel team may not initially release this information to you whilst their investigation into the complaint is taking place. Your husband's work colleagues,and his boss, will also be barred from talking to him - all his former work colleagues will 'clam' up. Not a nice feeling for your husband.

Your husband should not try to contact his staff/work colleagues to pursuade them to give a glowing report in the investigation; to do so will risk damaging his defence if ever found out (and it is usually found out)

He will need your support through this difficult time. And you, his.

Your husband should try to recall all the times he has met/communicated/talked about the ex-employee. I recall many years ago I passed a comment about one of my staff; it was meant by me as a joke and everyone within the room, including the member of staff laughed. Later she complained. On reflection, and in todays politically correct world, she was correct to do so. In my case she complained to my manager; I explained my viewpoint, then apologised to both him (my manager) and to my member of staff. The matter was resolved - and I learnt a very big lesson, very quickly. Nowadays the position is more structured. Policies and procedures have to be followed with both sides of the complaint explored.

So, yes, get your husband to take the time to recall all the times when he said any comment, wrote a note, interviewed her, repremanded her. Think of what was said and why. Don't try to second guess what the complaint may be about (because you probably won't) - just note down all recollections and add to them over the coming weeks.

He needs to know what his employers policies and procedures are for handling such a complaint; that way he can begin to plan his defence. He should use the resources available - union representation - at the earliest stage if nothing else than to seek guidance as to what to do.

He may have nothing to answer; but alternatively he may. He must assume he has.(Finally, your post, with its implied implication of guilt by the ex-employee) may not do your husband any favours if ever it gets back to the ex-employee/personnel dept. You may want to edit it - just a thought.

Finally, these things take time to sort out. Don't expect to have the matter resolved in a couple of days, or even weeks. You might, but you might not. Set about keeping busy, reading that book he's always wanted to read, updating his technical skills, decorate, work in the garden, clean the car, voluntary work, whatever. Just keep him busy, and don't lambast the ex-employee - it's not worth it; it will not achieve anything other than to make you [both] feel angry.

Hope that helps.

Savvy_Sue

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere (please see this rule) so this post/thread has been moved to the Employment and Jobseeking board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

jamjar,

It really has been a difficult few days, but they are doing some investigations and then will let him know.

bigbill

As they chose to suspend him he will be on full pay?

However the very fact that they suspended him could well be seen as a breach of mutual trust between him and the employer.

He may well feel unable to return as his work colleagues may feel that there is no fire without water etc.

The company could easily have investigate this with him still at work as the informer had left, I feel he could well have a claim for constructive dismisal if he feel unable to return now.

The suspend now investigate later is no longer acceptable to tribunals.

ohreally

bigbill wrote: »

The suspend now investigate later is no longer acceptable to tribunals.

Can you evidence this?

Zazen999

bigbill wrote: »

The suspend now investigate later is no longer acceptable to tribunals.

Hi - I've not heard of this either - in most instances, the employee needs to be taken out of the work situation to enable an investigation to be held hopefully to clear their name; but also if whatever is alleged has happened/has been happening - then to stop it at the point at which the employer has been made aware of it. The results are then brought to the employee at a later date, usually only a week or so later.

It's a duty of care thing - rather than a blame thing.

bigbill

As far as I can remember the case concerned a care worker accused of violence and suspended, investigated and found not true, she felt unable to return to work so left and claimed constructive dismisal, and won.

I will find the case tomorrow or tuesday depending what e-mail and computer its been sent to me on, but I will post it up.

bigbill

Think this one covers it?

http://www.employmentappeals.gov.uk/Public/Upload/07_0058fhCNCEA.doc

ohreally

I ain't reading a transcript at this time of the night - infact it can wait until the weekend, maybe