Unfair suspension

[pogey]

Hi there
I have recently been made up to a manager of department in an offshore oil and gas company. I have had this position for 6 weeks. I expected a new contract and pay to reflect this promotion and have asked for a discussion on this 3 times. I was informed that a meeting was to be held in due course. How long is due course?
As a side line, there are other issues with how the CEO talks to people and doesn't care who hears or where it is. Tantamount to bullying I think?
I asked for a meeting with another member of the Board of Management to put this case forward and air my dispair at this situation. he only wanted to discuss my contract and told me that I would be reviewed in 3 - 6 months but must continue on my current salary from my previous position as an ordinary sales engineer as I had to prove myself. Have I not proved myself to be offered that position?
When I returned home that evening I informed the Board of Management at my disappointment with their stance on my contract and that I was not happy continuing on my contract for a sales engineer. I was still within the 2 months from the start of the appointment so a statement of employment was not required by law although would have helped me to know where I stood.
The following afternoon, I received an email telling me to attend a meeting with the BOM at which point I was not allowed to speak or offered to have a colleague atend. I had my company mobile phone confiscated and email account suspended and told to take 1 weeks paid leave of absence whilst the BOM decided my position. I received a letter 4 days later to explain that they were not happy with emails sent to the BOM.
It transpires that 1 member of the BOM wanted to terminate my employment immediately on what grounds?
Someone help please as I have limited information from ACAS and no union membership and have a meting at work at 9.30 tomorrow morning Tuesday 22nd July

[Conniff]

I can see where they are coming from. You are stiring things up before you have any security in your new position, I don't think I would be happy if I was the CEO of a company being told by the most junior manager that I was not doing my job correctly.

You should have held on until the contract was in your hand before kicking up any sort of fuss.

I hope you don't lose you job, but you might just have frightened them off.

[elche]

You state that you told UR Boss, "...that I was not happy continuing on my contract for a sales engineer..."

We need more information about exactly what you said. Do they consider that you could have resigned, or committed a discplinary offence via e-mail? Also crucial info - How long have you worked there?

Suspension on full pay perfectly legal Suspension can be done verbally. You must not suffer any detriment as a result fof your suspension i.e. full pay & benefits. Oh and what meeting do you have tomorrow? If this is disciplinary then right to be accompanied by TU rep or work colleague. If just investigation meeting then no right to be accompanied - but good practice to offer.

[pogey]

Have worked there for 3 years - 6 months a go I was offshore Africa for this company now am a manager so would expect a payrise - am I right?

[pogey]

Had a disciplinary meeting but didn't know it was going to be. Wasn't offered a colleague as a witness to be present. Wasn't allowed the chance to speak until the punishment was informed. No verbal warning, no written warning just straight demotion into a different department although salary remains unaffected.
No actual reason as to what statement in the emails has caused this action to be taken. The reason is over several emails. I have had the emails checked over by friends and they see nothing wrong with them - it's down to interpretation.
Should I not have some sort of appeal offered - is this grounds for constructive dismissal as no actual accusation has arisen just a blanket going back since January 2007, no warnings have been issued. The situation was fine on Monday morning last week. I asked for a contract review as I had been promised but not a time scale for this and ended up being demoted!!

Your thoughts please?

[TETSUO]

I am no expert, but as far as I am aware, if you were invited to a disciplinary meeting you shouild have been given 48 hours notice, and have been told the reason for the meeting before it took place. I am also of the understanding that you should have been offered the opportunity to have a witness present, in the form of another employee or a Union Representative.

As I said, I am no expert, but this is my understanding, and if I am correct, you would have a valid case for an employment tribunural

Good luck!!

[pogey]

Don't you have the right to appeal or at least explain your actions before punishment is given? I asked the Board of Management for an informal meeting to explain my actions and was told no. Yesterday I sent them a statement outlining the reasons for my out of character behaviour and the interpretations that were meant by what happened from my side. I was also reprimanded for sending this meaning that I was not allowed a defence at all. i still don't have an official charge laid out before me

[elche]

MY God who do your employers think they are. You should have had 48 hours notice before the hearing. You have a legal right for TU rep or work colleague to accompany you. No decision should be made at the meeting but only afterwards. You should have be told before the meeting what the charges were. This is because your employer has taken relevant disciplinary action.

Relevant disciplinary action" is defined in reg 2 of the above regulations (Employment Act 2002 (Dispute Resolution) Regulations 2004 reg 2) as:
"action, short of dismissal, which the employer asserts to be based wholly or mainly on the employee's conduct or capability, other than suspension on full pay or the issuing of warnings (whether oral or written)"
Similarly if an employer takes "relevant disciplinary action" as defined above, the employer must also go through the same statutory minimum disciplinary procedures. This was not done in your case. You should submit a written grievance letter. You could have the option of resigning and claiming constrcutive dismissal but would have to do this relatively soon after the act complained of. Go to see your local CAB

[pogey]

Hi guys - quick update
Am begrudgingly settling into my new job at the same employer as a sales engineer. Boss came in today and asked me to go offshore! I refused and got threatened with the sack!!! My mortgage will not pay itself so what options have I got?
If I don't go - I lose my job - if I involve the union he will find another way to force me out by making my position untenable. He has done it to others.
My mortgage now takes half of my salary so I have no choice. I have applied for other positions in other companies

[elche]

Originally Posted by pogey

Hi guys - quick update
1) new job at the same employer as a sales engineer. 2) Boss came in today and asked me to go offshore! I refused and got threatened with the sack!!! 3) My mortgage will not pay itself so what options have I got?

Well basically in respect of point 1, it seems clear you were subject to a demotion based on conduct i.e. the e-mails

This appears to be relevant disciplinary action but was not done in such a way that complies with stat disciplinary procedures – BUT- this alone is no freestanding claim. You could resign claim constructive unfair dismissal and then the breach of SDP’s could get you an uplift of max 50% on your award. But this will mean going without pay for a long time, with no guarantee you will win.

One thing is for sure, every day that you do the new job without protest you weaken your case for constructive dismissal.

2) By your own admission you have previously (in the last 6 months) worked off shore for this company thus your contract probably has a mobility clause in it. Be careful dealing with requests like this with a blanket no.

3) Unfortunately if you can’t find another job or live without a salary for a while very few! I always ask clients –

Do you want to keep the job?

If you do then your options are really very limited. The practical reality is your employer seems to care little for English employment law so submitting a grievance is merely going to hasten your dismissal, even if that is an unfair one it will take a potential long time for you to prove that and see any settlement.

Start saving some money, and get applying for new jobs. If you think you may make a claim in the future, start keeping a diary.