Help with suspension from work.

[belgarion26]

Hello to everybody. First, a little background -

I was suspended from work on 6/5/08, with no explanation apart from that I was being investigated for bullying and harassment. (It was 5 days later when I finally received a letter saying that I'd been suspended on suspicion of sending abusive text messages.)

From the morning of 7/5/08, I was inundated with text messages (25) and phone calls (6) from colleagues who knew why I'd been suspended, that the police were investigating and also that another worker had been suspended for this the same day as I. I have kept many of the messages.

The other guy has been interviewed by the police and subsequently cleared to return to work on 19/5/08. Due to the police officer being away for a few days, I can't hand myself in for questioning until 19/5 to clear this matter up. The officer has told me on the phone that they've put a RIPA on my mobile phone and are tracking me!!

My argument is this - I met a friend for a drink yesterday, and he knew more about the case than I did. It's blatantly clear that the person who's received these texts has been telling everybody of the investigation, even though he and the HR manager are both under police caution not to discuss it. More to the point, if the alleged text content going around work (threats to the guy's wife, sending indecent pics etc) matches with what the police say on 19/5, it can only have come from one of these two guys...

My work takes me around 3 factories, and people from all 3 have as much knowledge of this issue as I, despite the HR manager assuring me that nobody's been told. When I asked colleagues who'd they'd heard it all from, the names I was given are those of people who I've never met and don't even work on my shift. I've also received texts from 2 people who don't even work for the company!

I've not slept properly, I'm snapping at my son and have had arguments with my wife because she doubted my innocence at first. Afer I clear my name on 19/5, how can I possibly return to work? My name's mud, and people will always believe I did it. Do I have a case because of lack of cofidentiality etc...? I expect work to become a very uncomfortable place.

Sorry it's a bit long! I'll listen to any suggestions.

Many thanks.

[Weird Al Yankovic]

Hello

Did you send any of these text messages?

On what date/s were the HR manager and the recipient of the texts cautioned?

[belgarion26]

Hi. No, I didn't send any of them, and my phone records will prove this.

It's been said at work that I've had somebody else send them, which I haven't. Besides, this would be impossible to prove, making a suspension unlawful...??

I believe the manager and the guy who received the texts were cautioned in the week leading up to our suspensions on 6th May.

[letshelp]

Hi,
Why would you hand yourself into the police for questioning? I am surprised the officer has told you that they are tracking your mobile telephone as this would defeat the object of them obtaining any evidence, because if you know about them tracking you, you are hardly likely to do anything wrong.
Please don't just hand yourself over to the Police, if they have evidence of an offence, and its serious enough, then they can warn you to attend, although you are not legally obliged to conform. DO NOT ATTEND THE POLICE STATION WITHOUT A SOLICITOR.
I would be tempted, if interviewed by the police to listen to what they say and ask, but refuse to answer any questions, remember they HAVE to prove you have committed and offence, you dont have to prove your innocence. Don't be sucked into talking with phrases like, its your chance to give your side of the strory' or, 'anything you say in your defence can only help you'. And the one really not to fall for is the old, 'if you've got nothing to hide' story.
best regards

[belgarion26]

Thanks, that's pretty much how I was going to go with things. I keep telling my wife that I'm innocent until proven guilty, not the other way around.

The old bill didn't contact me, the HR manager said that they want to talk to me, so I phoned them immediately. I just wanted it to show that I've cooperated fully.

[letshelp]

I appreciate that you want to show co-operation from your side, but it cannot be hed against you for not running around after the Police. If the Police want to contact you then wait for them to do so, its not for the HR Manager to be telling people the police want to qestion them.
A police investigation is nothing to do with your HR Manager and the Police should be really telling him/her to back off and let them further the investigation as they see fit.
best regards

[TheKernel]

Firstly, so sorry to hear about this, it must be immensely stressful, and I hope you and your wife are working together on this.

Are you being suspended without pay?

Go through your contract with a fine-tooth comb, I am pretty sure that you should have been given a verbal warning (or some kind of warning) first.

I agree with letshelp, you need legal advice. There are some good employment websites out there that can give you basic employment law advice, but for something like this I think i would see a solicitor ASAP.

A solicitor can help advise you of your rights, help you interpret your contract, can deal with any correspondence between you and your employer, and defend you.

They can also help you seek compensation if you are indeed innocent and have been wrongfully suspended.

I find it odd that the police are even involved at this stage?

[TheKernel]

Also- buy yourself a notebook and start keeping a record of ALL communication between you and HR/ your employer/ colleagues etc.

Keep your phone records in there too.

You can't be too careful- it can all help in your defense, and will help your solicitor prepare a good case on your behalf.

[motorbike]

Hi dude i too have been suspended on full pay from my work place for sending texts, four in total ,proven to have been excepted as funny and none threatening and have been cleared by the police and by my HR dept,i was told to return to work the day after the hearing which cleared me of all charges,i refused this request on the grounds that the investigation is on going,they are trying to find a third party?,and i will only return when i have my innoncence from all charges in writing.
I too have since learned that my integrity has been demeaned my previous good character has been assassinated all in all my whole personna has been demolished to the point of me feeling totally ashamed to return to my place of work and have asked, without reply so far, to be moved to another factory.
my question would be then how long can a remain getting paid suspension and have i any legal recourse as the company is neglegent in regards to my annonimity as i was promised now my homelife is also effected and my human rights have surely been encroached?

[belgarion26]

Firstly, thanks for all the feedback, this is a good community.

I'm suspended on full pay. I'll go to the police station tonight, but will ask for a solicitor to be present.

When my phone records clear me, then I'm going to start hitting back for stress and undue suspension etc. I've worked there for 7 years and never had a single day off nor ever been a minute late! I have no disciplinary record, and consider myself a model employee...

Thanks again. I'll update this thread tomorrow.

[Weird Al Yankovic]

Yes, keep us informed.

[motorbike]

hi all just got a phone call to tell me to go into work tomorrow and collect the letter telling me there is no action to be taken and that i am cleared of all charges so to speak,and to start work there and then.
The head of HR would'nt even hear of my complaint that i too am now suffering stress due to their neglect in keeping the issue confidential.
i have not been given 24 hrs notice i have not seen the content of the letter and when i mentioned the fact that i have a grievance i was told that they would make a case due to one word used in one of the txts that i had been cleared of sending???????
whats a guy to do and where do i stand please help!!

[TheKernel]

Motorbike, you need to start your own thread rather than thread-jacking someone elses.

[belgarion26]

Ok people, an update.

I went to the PHQ at 7pm last night, was placed under arrest at 7:20pm and finally released, on bail, at 3am!!

When he 'booked me in', he told the sergeant that this guy had received work related, abusive, harassing texts. When they searched the records of the offending phone, they found that it was registered to somebody with my surname, and as I was the only person with that surname at my place of work (which employs 1000+), I had been suspended and subsequently arrested.

My interview only lasted around 5 minutes in total, and I had a soilicitor present throughout.

Just before I was interviewed, I was informed that officers would be going to my house whilst I was in custody, and searching it for the offending mobile phone! I hit the roof when I was told, this is going too far.

When they arrived at my house, jumping over the back gate whilst also pounding on the front door, they checked my wifes phone for the offending number, and asked her for all the mobile phones in the house. Just as they were about to search the place, they tried ringing the number, and somebody answered the phone!! Now as I was in custody, this obviously couldn't have been me... They tried laughing about it with my wife and left, leaving her in floods of tears.

I have be ordered to attend the station again on 19/6, so it looks like I'll be off work for at least another month!

I am so angry now, it's unreal.

Thanks for listening.

[meg&mog]

Hi Belgarion

Sorry i have no words of wisdom for you i am so sorry for what is going on for you and your wife

Stick to the facts you have done nothing wrong i am sure it will be over soon

Good Luck

Meg&Mog

[belgarion26]

Thankyou Meg&Mog.

The solicitor said that the police had done everything legally, but was going to have a word with one of her colleagues who's expert area is employment law. She said that when I'm (eventually) found to have had no part in this, I may have a claim for unfair suspension etc.

[Saffronflowers]

Again no words of wisdom but am thinking about you and your wife. I know that it is a really Pollyanna thing to say, but if it was you or your wife that was receiving abusive text messages you would be pleased that your employer was taking it seriously.

I do know that it does make an iota's difference to what you are going through at the moment though

Big hub

SFx

[elche]

belgarion26 you wrote that a solicitor has told you you may have a claim for 'unfair suspension'

I hope the employment law solicitors in this pracice are better than the criminal ones. I have never heard of this head of claim. You should have been suspended on full pay and benefits. If not you may have an unlawfull deduction from wages - better still consider resigning and claiming constrcutive dismissal - take advice first.

An employee may be suspended from work on full pay whilst an investigation is carried out indeed recommended in allegations of bullying etc - there is no time limit on suspensions but ACAS do state that investigations should be performed without delay.