Suspended but asked what I did wrong
Comments
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My advice to the OP, would be this.
Find out exactly why they have suspended you, and if there is another meeting, take someone with you.
It sounds like the original meeting was a bit of a "fishing trip" for them.
When I have been present at investigations/disciplinary meetings, any accusations/charges/reasons have been clearly outlined, usually before the meeting takes place.
The OP only has a right to be accompanied (by a work colleague or trades union rep) if it is a disciplinary meeting. That right does not extend to investigations, although it is possible the employer may allow it.0 -
Undervalued wrote: »The OP only has a right to be accompanied (by a work colleague or trades union rep) if it is a disciplinary meeting. That right does not extend to investigations, although it is possible the employer may allow it.
Please read this advice by ACAS.
http://www.acas.org.uk/index.aspx?articleid=5613
I also think that the OP's employer has failed to follow ACAS advice on how to set up an investigation.
http://www.acas.org.uk/media/pdf/o/5/Conducting-workplace-investigations.pdf0 -
I also think that the OP's employer should not have suspended them following the investigation.
https://worksmart.org.uk/work-rights/trouble-work/employer-problems/i-have-been-suspended-work-while-investigations-alleged0 -
Undervalued is correct, there is no right to be accompanied at this point, it is purely discretionary. The disciplinary process starts when a hearing has been convened.Don’t be a can’t, be a can.0
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Please read this advice by ACAS.
http://www.acas.org.uk/index.aspx?articleid=5613
I also think that the OP's employer has failed to follow ACAS advice on how to set up an investigation.
http://www.acas.org.uk/media/pdf/o/5/Conducting-workplace-investigations.pdf0 -
Please read this advice by ACAS.
http://www.acas.org.uk/index.aspx?articleid=5613
I also think that the OP's employer has failed to follow ACAS advice on how to set up an investigation.
http://www.acas.org.uk/media/pdf/o/5/Conducting-workplace-investigations.pdf
I have seen it many times but what I said about the right to be accompanied is correct.0 -
There is no evidence of any witness statements or evidence, and the OP has not been informed what he has done wrong.
It is yet another example of employers running roughshod over their staff.0 -
There is no evidence of any witness statements or evidence, and the OP has not been informed what he has done wrong.
It is yet another example of employers running roughshod over their staff.
That it may be if you want to put a political or indignant slant on it.
However, there is nothing here to suggest that the employer has (yet) done anything unlawful.
Suspension is a neutral act and as Sangie has indicated, if an employer wants to suspend somebody on full pay whilst they investigate something they can. Financially the employer is the one losing out, not the OP. Unless they take it to ridiculous lengths there is no redress.
If, and only if, they ultimately take disciplinary action and dismiss the OP can he consider the merits of an unfair dismissal claim.
The precise technicalities of the procedure the employer follows is now of far less significance than was once the case.0 -
Undervalued wrote: »That it may be if you want to put a political or indignant slant on it.
However, there is nothing here to suggest that the employer has (yet) done anything unlawful.
Suspension is a neutral act and as Sangie has indicated, if an employer wants to suspend somebody on full pay whilst they investigate something they can. Financially the employer is the one losing out, not the OP. Unless they take it to ridiculous lengths there is no redress.
If, and only if, they ultimately take disciplinary action and dismiss the OP can he consider the merits of an unfair dismissal claim.
The precise technicalities of the procedure the employer follows is now of far less significance than was once the case.
Well, I think an employment lawyer may take a very different view to that, because if I was suspended (even on full pay) and not been told why - no details whatsoever, then I would either take advice form my union, or contact a specialist firm of solicitors.0 -
Well, I think an employment lawyer may take a very different view to that, because if I was suspended (even on full pay) and not been told why - no details whatsoever, then I would either take advice form my union, or contact a specialist firm of solicitors.
Well you may think that but I'm afraid you would be wrong.
Currently the only way the OP could take this to a tribunal is to resign and claim constructive unfair dismissal. A risky strategy indeed!
As I said, at the moment they are not in any way out of pocket as they are on full pay. Either the employer will drop the matter and lift the suspension or proceed to a disciplinary. If that happens they will have to put forward their "charges" and listen to the OP's defence. Should that result in dismissal then the OP can consider a tribunal if they consider they have been (legally) unfairly treated.0
This discussion has been closed.
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