Employed 1 year 11 Months and now on Investigatory Suspension

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Blushing_Money_Spender
Blushing_Money_Spender Posts: 14 Forumite
in Employment, jobseeking & training
Hi,

I have been employed for 1 year 11 Months to the day and have never had any issues with my performance with the previous year exceding in the objectives I was set. My issue is that I'm now placed on Investigatory suspension which could potentially lead to dismissal following me allegedly sharing Confidential information to another senior manager in a closed office. I'm aware that being employed for 1 month and 11 months means I'm unable to do much. Is anyone able to offer advice? This situation is extremely stressful and I'm constantly worrying about what the outcome may be even though I'm fairly positive that I have done nothing wrong. I almost feel like I'm in an untenable situation, how can I be expected to go back and work after I was escorted off the premises and had my laptop and phone removed from my possession?

Please help?
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  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    Yes, this does sound iffy.

    Are you in a Union?

    I've also sent a PM, and would advise you to contact ACAS about this.
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • Blushing_Money_Spender
    Blushing_Money_Spender Posts: 14 Forumite
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    jobbingmusician wrote: »
    Yes, this does sound iffy.

    Are you in a Union?

    I've also sent a PM, and would advise you to contact ACAS about this.

    Thank you. I am in a union but as my letter has said not to speak to anyone involved or not involved in the investigation I have not spoken to them yet as my rep is employed by the company. I have sought for consent to speak with them though. I have also spoke to ACAS but they said less then 2 years service I cannot go for unfair dismissal or constructive dismissal.

    Should I go sick for 1 month to get me over that 2 year threshold?
  • jobbingmusician
    jobbingmusician Posts: 20,343 Forumite
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    I think they could hold a disciplinary hearing in your absence if you were signed off for a month.

    I've just found something else - look for another PM.
    I was a board guide here for many years, but have now resigned. Amicably, but I think it reflects very poorly on MSE that I have not even received an acknowledgement of my resignation! Poor show, MSE.

    This signature was changed on 6.4.22. This is an experiment to see if anyone from MSE picks up on this comment.
  • Empor
    Empor Posts: 83 Forumite
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    A company I used to work for once tried to dismiss an employee with 1 year 11.5 months service.

    His normal notice period was 1 month. The advice from ACAS was that he already had full employment rights (i.e equivalent of 2 years service) even if he was dismissed for gross misconduct with no notice period.
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    Empor wrote: »
    The advice from ACAS was that he already had full employment rights (i.e equivalent of 2 years service) even if he was dismissed for gross misconduct with no notice period.

    That's not correct in the case of gross misconduct, or at least it's not since there was an EAT case not that long ago that ruled otherwise.

    Agree with the advice to speak to your union. Not a huge amount you can really do other than fight it/apologise and beg for your job as appropriate. Going off sick won't stop them going through with hearings necessarily.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Blushing_Money_Spender
    Blushing_Money_Spender Posts: 14 Forumite
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    Empor wrote: »
    A company I used to work for once tried to dismiss an employee with 1 year 11.5 months service.

    His normal notice period was 1 month. The advice from ACAS was that he already had full employment rights (i.e equivalent of 2 years service) even if he was dismissed for gross misconduct with no notice period.

    Thanks, I have the same notice period but will see what happens. Just really frustrating with the uncertainty.
  • Empor
    Empor Posts: 83 Forumite
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    Masomnia wrote: »
    That's not correct in the case of gross misconduct, or at least it's not since there was an EAT case not that long ago that ruled otherwise.

    Agree with the advice to speak to your union. Not a huge amount you can really do other than fight it/apologise and beg for your job as appropriate. Going off sick won't stop them going through with hearings necessarily.

    It was what ACAS told us, they're not always right though and were probably erring on side of caution. I'd be interested in reading about that EAT case if you can remember the details?
  • Masomnia
    Masomnia Posts: 19,506 Forumite
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    Empor wrote: »
    It was what ACAS told us, they're not always right though and were probably erring on side of caution. I'd be interested in reading about that EAT case if you can remember the details?

    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.
    “I could see that, if not actually disgruntled, he was far from being gruntled.” - P.G. Wodehouse
  • Savvy_Sue
    Savvy_Sue Posts: 46,028 Forumite
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    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?
    Signature removed for peace of mind
  • ohreally
    ohreally Posts: 7,525 Forumite
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    Inform HR that you need to consult with union re situation and to relax conditions on this. If they're being precious about the situation
    , contact union office for support.
    Don’t be a can’t, be a can.
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