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Right to Demand Reasons for Suspension


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Hi

 

I've been suspended from work while they are investigating allegations of gross misconduct.

It's follows a grievance I raised against the way I was being treated by another department (there are a number of individuals who use threats to ensure I prioritise their work over other departments).

 

My grievance was ignored and I was told by my line manager that an informal complaint had been raised against me by that department.

 

A week later I'm called into HR and handed a letter stating I've been suspended due to allegations of harassment outside the work place.

 

There are very little details of regarding the harrasment and I honestly can't think of any occasion where I've approached a colleague outside of work with malicious intents.

 

I've spoken to ACAS and CAB,

the advice is to take my original grievance higher up, which I plan to do.

 

With regards to the suspension and the eventually these allegations are proven false,

I understand there is very little I can do as I have only been in the organisation for a year.

 

Both ACAS and CAB have listen to my full case and have advised that if I had been there for over 2 years I would have a good case for a tribunal hearing or unfair dismissal if I'm to be dismissed.

 

What I do want to know is can I demand full details of these harassment allegations prior to the investigation meeting?

 

Will I be damaging my right to a fair 'trial'?

Next week will be the month anniversary of my suspension and it's driving me crazy trying to work out what I could have done or said that could have been deemed harassment.

 

The details I have is allegations of harassing colleagues on social media, traffic lights, a bar, and a station. No dates, what was said, no mention of what social media platform, nor what bar or where the traffic lights are located.

 

My desire to know is also driven by a colleague who contacted me a couple of days ago as they were very concerned about my well-being

- my colleagues are starting to question where I am as I've disappeared from the planet and a few have now contacted me

- I've told them I'm on long term sick leave.

 

This colleague witnessed the only incident which I would deem harassment on my part, which I have already admitted to HR.

 

Why would they contact me when surely if the harassment claims were being fully investigated they would have been interviewed as part of this process?

 

The one incident which I am very aware of:

I was very drunk after a night out with friends and bumped into a colleague who happened to be in the same bar, we get the same train home so we went to the station together.

 

While at the station we randomly bumped into another colleague (who is from the offending department) and they approached me to ask how I was.

 

I ignored them but they persisted so I said something about the informal complaint they raised against me.

 

I can't remember what was said in response but I burst into tears and they tried to comfort me.

I apologised the next day because I realised I shouldn't have said what I did but also realised how embarrassing it was for them to have to deal with an emotional drunk.

 

Apology was accepted and no more was mentioned about the incident, until I was suspended. And that is the only incident I can think of.

 

To add to the situation,

the colleague who would have been the one to complain about the incident at the station has resigned and knew they were leaving at the time of the complaint.

 

Why complain about an incident which they accepted an apology for

(in writing - I put my apology in writing as I was off work the following day and wanted to immediately apologise)?

 

Therefore I don't understand why they felt the need to raise false allegations about the non-existing incidents. They have nothing to gain and if proven false surely they are damaging their own reputation.

 

None of this makes any sense.

 

With regards to the social media allegations,

I just wanted to add that the apology was via work e-mail.

 

Also the colleague in question, we were friends on Facebook but I unfriended them when I realised that the work relationship was turning toxic. That is all I have done.

 

The only other social media I use is instagram and all that shows is photos of my holidays.

I don't use social media to contact work colleagues and I hate it when colleagues use it to contact me - which they have done when they couldn't get hold of me and I always move the conversation to work e-mail or phone.

 

And I only have one FB friend that is also a work colleague.

They, like the one I unfriended, have been friends prior to my joining the organisation.

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They will throw a bunch of false allegations at you because you have upset some lifeless idiots who have nothing but work in their life.

 

My advice is to make them talk as much as you can, because the more they talk the more they'll contradict themselves.

 

Secretly record the meeting and don't commit any answer.

 

What you must repeat over and over is "these are false allegations, I have never done this"

 

They will put much emphasis on the incident at the bar which you have already admitted, but that's about it really.

 

Once you come out of the meeting, make a verbatim of the recording and read it several times to find the inconsistence, unless you are quick enough to point them out on the meeting.

This might help you on appeal.

 

If you are in a union, the union rep would probably negotiate an adjournment to look at their evidence, but it's unlikely you will get one if you go on your own.

 

Unfortunately these people who make up false allegations are spreading like wild fire and the accused is guilty by default.

Edited by honeybee13
Unwanted remarks removed.
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You've actually described the head of that department perfectly.

They're the type who takes a week of work but still comes into the office to complete 'urgent work'.

 

 

There have been times when I've pushed back on work because I have had higher priorities then received a threat that I will be reported to this Head if I don't action their request immediately.

 

 

I've ignored the threats because the Head should be out of the office on holiday or sick leave. Moments later my line manager will receive a complaint from the Head about me.

 

I'm not the first to complain about this behaviour.

Those before me, have resigned citing this department or this Head as their reason.

 

I'm not in the union because I'm management and it is frowned upon for management to be in the union. I'm taking a trusted work colleague with me.

 

I don't know about secretly recording the meeting. Am I legally allowed to do this? What if I get caught?

 

I'm using my suspension to apply for other jobs.

I've decided I don't want to go back to that toxic work environment.

 

 

Fortunately the work I do is specialised and there is currently a shortage of this skill in the UK.

 

 

I was head-hunted for this job and with the risk of sounding arrogant, I'm sure I can walk straight into a new job - pending a reference that could potentially have dismissal for gross misconduct.

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Hello there.

 

I think you're right to walk away from the environment if you think you can go somewhere else and be treated better.

 

Like king12345, I suspect that the department or the head is a bully who is trying to turn victim after you called them out. If you read online about workplace bullies, this is common behaviour.

 

I expect people with more knowledge than me will be along to comment later.

 

HB

Illegitimi non carborundum

 

 

 

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Recording the meeting secretly is perfectly legal, as long as you don't disclose the recording to third parties.

Recording will help you cite word by word what is said and it will be easier to spot lies that you haven't detected immediately.

If you can walk straight into another job, I would go at the meeting and open the pandora box.

Tell them in no nice way that the problem lies with the head of that dpt and he is a bullying idiot.

Hand your resignation letter there and then and wish them good luck.

If they're losing valuable staff members because of one stupid dog, they will eventually sack him.

If they ask you to stay, as I have experienced this whenever people throw the whole truth at them, you will need to make sure that the idiot is barred from contacting you and pretend a written apology for the false allegations.

If this is not possible tell them to get someone else to fill your shoes.

In these sort of situation the attack is the best defence.

Once upon a time I would listen to the allegation and respond nicely.

Nowadays, probably because I'm getting old or maybe because of experience, I immediately start world war 3.

So far 100% of success in representing colleagues victims of allegations and the one time this happened to me I got as far as having a meeting with the MD.

The snake who made the false allegations is now working in a basement office on his own, two hours away from home and without having any contact with anyone.

If you feel confident, go there and destroy them, be loud, angry, upset, bang your fists on the table and point fingers.

This usually works, especially if you are a mild mannered person: it freaks them out.

These apes dressed as humans always go after the easy prey, but back off immediately when they see troubles, exactly like wild animals.

I don't consider them to be of my same species, to me they are apes of a lower class and society should castrate them.

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Thank you honeybee13 and king12345

 

King12345 I wish I could have you in the hearing with me. I need someone like you to fight my corner.

 

The office bully is one that has been there for 25 years; they started straight from school and have never left. They are too scared to get rid of him, hence the many sacrifices.

 

I will definitely be demanding a written apology for the false allegations. I'm not going to let these lie (pun not intended). The damage these allegations have already done is untold. My fellow team member has taken charge of all my projects and I will have to cancel a holiday which was planned to coincide with a conference abroad; I will be demanding compensation for the costs lost.

 

I won't be shouting or banging fists in my investigation meeting. I'm being accused of harassment, those actions will prove them right. I plan to be calm but assertive.

 

They already know they will find it difficult to replace me. I was offered another job a couple of months ago and declined it because I didn't want to leave my current job plus the new job didn't feel right. It was at this time I raised my grievance against the Head and his minions. If I was going to stay I wanted to see some improvements in how I was being treated. My line manager stated then he couldn't afford to lose me. He also stated that my predecessor raised the same concerns prior to leaving. Needless to say my suspension came as a huge surprise especially since it was based on false allegations.

 

I wish them all the worse. They made false promises to lure me into taking that job, I left perfectly good job. They made false promises that they were taking my concerns seriously. Now they are willing to drag my good name through the mud to appease the company bully.

 

I won't be staying this time, I've learnt my lesson. My resignation will come with a demand of 3 months severance (which is my notice period) and a clean reference. In return I will sign a confidentiality agreement to prevent me discussing this matter.

Edited by Beatrixx
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Being assertive and calm is great - but be cautious of what you think are your rights. An allegation had been made. It is a serious allegation. You have been suspended for investigatory purposes only. Which in law is a neutral and quite proper response. You do not have a right to be given details of those allegations, and since this is only an investigation at this time, there is no right to see any evidence.

 

Your planning a holiday to coincide with a conference was your choice - you are not due any compensation and I very much doubt that the employer will even consider it. Nor are they likely to apologise for suspending you for an investigation - that is the right thing to do in such circumstances. And demanding three months severance is likely to go the same way - the employer had done nothing wrong IN LAW so they don't need a settlement agreement or your silence.

 

If you play this calmly and with a level head, you might walk away with something just to put an end to all this. But you cannot depend on it. So going in there thinking this is your right is likely to damage your chances, not improve them. You don't want to hear this, I am sure, but ACAS and CAB, if they told you that this would have made a good unfair dismissal case, are talking out of their backsides (and, in the case of ACAS , out of their remit as they are explicitly not permitted to give legal advice) - even if you had two years service, at this exact point in time your employer has done nothing wrong IN LAW, and there is no case of anything. S suspending someone for an investigation is a neutral act in law and totally permissible. That is all they have done. Your anger about that, whilst understandable, it's just that - anger. It doesn't make what the employer has done wrong.

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Thanks Sangie595, this is good advice. While I like king12345 need for justice this is a more sensible approach (sorry king12345)

 

So you're saying sit tight until they get around to arranging the investigation meeting they promised me 3 weeks ago? Then take action depending on the outcome. If it goes in my favour, leave on my own accord. If they find something to get me on, then fight my case.

 

The compensation is for the cost of the flights which they would have paid for my attendance go to the conference. Forgetting the holiday element, I would have claimed this on expenses therefore if my suspension is now preventing me from going to the conference then I hopefully should be entitled to claim this.

 

Isn't it wrong that they ignored my grievance and instead allowed my aggressor to raise a counter grievance, subsequently an allegation of gross misconduct?

 

Sure I am angry but I'm also struggling to cope mentally with this situation; there are days when I can't find the energy to shower and get dressed. In all my 20 years of working I have never been accused of such a serious allegation. It's constantly on mind what I could have done that was so wrong. What will happen to me if no-one believes me? What if I am guilty, why can't I remember?

 

I can't believe that an individual(s) can be allowed to make false allegations which led to an employee being suspended for an indefinite period of time, and get away with it. They've benefited from this and have got a new job which is a promotion. My reputation has been damaged no matter the outcome; colleagues are questioning my whereabouts and my projects have been transferred to my colleagues. Therefore my ability to do my job will be constantly questioned, meaning my aggressor has won; it was this behaviour that led to my grievance. If I'm dismissed my reference will reflect this, thus damaging my ability to find a new job.

 

In ACAS defence, I may have got it wrong. I phoned them when I was upset and my notes from the call simply say '2 years good case for unfair dismissal'. They may have said that I could raise a unfair dismissal case after 2 years.

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The compensation is for the cost of the flights which they would have paid for my attendance go to the conference. Forgetting the holiday element, I would have claimed this on expenses therefore if my suspension is now preventing me from going to the conference then I hopefully should be entitled to claim this.

 

I disagree. The firm isn't obligated to pay for your flights to a conference you aren't attending.

They can argue that if you were ill & they needed to send someone else, or the needs of the business meant that they had to alter things to send someone else instead, that they don't have to pay for your holiday flights.

 

You being suspended is akin to the latter. If you aren't attending the conference they don't have to pay for flights for your holiday.

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Bazza$ - We are going to have to agree to disagree about the flights. I don't understand why I should have to pay for flights to a conference they asked me to attend and to also book on my personal credit card. A conference I can no longer attend due to my suspension. I have to fly to and from the conference. The holiday is after the conference, following advice from others I'm not asking for reimbursement of those costs. Should I also have to pay the conference fees and hotel rates? These are not my holiday flights!!!

 

This is totally off topic now and I should have never mentioned the conference.

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Being a firebrand is great, but when you are on your own it is risky. Some employers may accept this approach - many don't.

 

Yes, at this stage there really is nothing for you to do but sit and wait. Provided they are paying you, then this is ok; and sometimes such types of investigations can take several weeks, or even months. It really does depend. But it would take an exceedingly long suspension to possibly get to an actionable stage, and you are nowhere near that yet.

 

If it goes in your favour, then that is what an investigation (and even a disciplinary meeting) is for - to see that fairness and justice is done. In the real world, of course, that is sometimes a load of ******, but you are guilty of nothing until you are found guilty of it. If you are, in fact, found guilty of something, you will have no choice but to fight it.

 

But I'll give you fair warning - I am afraid that being innocent isn't always a defence worth having! Disciplinary hearings are not courts of law, and the employer has greater latitude. They can, for example, in the absence of evidence, decide who they believe is the person telling the truth. And this is not only permitted in law, it is a tribunal defence.

 

There are lots of things that people don't like to hear, but need to hear, when in these circumstances. I don't sugar coat the facts. There is nothing to say that your grievance was ignored. Just because it didn't have the outcome you wanted, when you wanted, isn't ignoring it. But raising a grievance is usually the quickest way to get a counter grievance - which usually results in exactly what has now happened to you.

 

I can't really comment on what you may or may not have done, but there is potentially some substance to it. You have (unwisely) confirmed an incident. Unfriending someone could be interpreted as a hostile act (best advice - never ever be friends with someone at work - they aren't friends!). Your take on a variety of actions may be that you haven't done something wrong - but that does not mean that the other person hasn't legitimately and honestly interpreted the same situation differently.

 

It isn't pleasant to say this to people, but just because you can't see that you are guilty does not mean that you aren't. But nor does it mean there will be a dismissal. It could just as easily end in mediation or something similar. Don't assume the worst, and don't spend you time trying to second guess what they might think you have done. I have seen enough of these situations which, if not exactly solved amicably, are at least resolved. If it comes to the worst, lets worry about that later.

 

Right now, if you are inclined to leave anyway, focus on getting a new job. It may not be so simple, as a reference now can mention this - but they might prefer the quiet exit route.

 

Have you paid for the flights (i.e not the employer) - and was the sole reason for going the conference? Because it could easily be argued that there was no cause to cancel your holiday just because you are suspended. Have you actually cancelled them or could you go? There is nothing stopping someone on suspension going on an approved holiday.

Edited by sangie5952
Paras
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Bazza$ - We are going to have to agree to disagree about the flights. I don't understand why I should have to pay for flights to a conference they asked me to attend and to also book on my personal credit card. A conference I can no longer attend due to my suspension. I have to fly to and from the conference. The holiday is after the conference, following advice from others I'm not asking for reimbursement of those costs. Should I also have to pay the conference fees and hotel rates? These are not my holiday flights!!!

 

This is totally off topic now and I should have never mentioned the conference.

 

Sorry - I had also misread this. The flights are one question. The conference fees etc are different. I am surprised that you paid for these on a personal card, but if they asked you to do so, then you should be entitled to that money back if you are being prevented from going. Have you asked them about this?

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Bazza$ - We are going to have to agree to disagree about the flights. I don't understand why I should have to pay for flights to a conference they asked me to attend and to also book on my personal credit card. A conference I can no longer attend due to my suspension. I have to fly to and from the conference. The holiday is after the conference, following advice from others I'm not asking for reimbursement of those costs. Should I also have to pay the conference fees and hotel rates? These are not my holiday flights!!!

.

 

If you have already paid, at their behest, AND the flights aren't cancellable, then the firm should compensate you, provided you offer to change the flights (at their cost) to another attendee.

If you haven't already paid, or they are cancellable; they should only be liable for any cancellation fee.

 

They still don't have to pay for "your holiday flights".

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Thanks for being honest Sangie. No worries about the block of text.

 

I felt my grievance was simply ignored because I received no feedback until 2 months later when this situation happened. All I got was an e-mail that simply said 'thanks'. If they had said I had no grounds for a grievance however in response we have received this feedback about you then I would have been happy to accept this. When I got advised of the 'informal complaints' I ask about my original grievance and got no response. To me that comes across as being ignored.

 

I was told to be honest about that one incident because it would go in my favour when they were looking at the other incidents. As I said my apology was in writing therefore there is evidence of this. Why deny it?

 

I never saw unfriend on FB as hostile but I can see how someone might think that. I certainly wouldn't officially complain if someone from work unfriended me on FB.

 

The conference - we have pay for anything like this on our personal credit cards and claim on expenses. The flights were for the conference. I've paid for the flights that would take me to my holiday destination. I totally understand that there is nothing stopping me from going on holiday.

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Hi all

 

I wanted to say thank you for all off your help. You've kindly given me more information than I ever asked for. All I wanted to know was could I demand the full details of my suspension.

 

Especially Sangie, from the start I knew it was my word against theirs. You've made me see that while I shouldn't expect the worse, I've made the right decision to also expect the worse and to look for another job.

 

The holiday (stuff the conference)! I'm going to go. The week of the conference, I will simply add it to my holiday BUT not in the conference city.

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I've sorted out the wall of text, Sangie I hope I got the paragraphs in more or less the right places.

 

HB

 

It looks close enough thank you HoneyBee. I have no idea what happened as it had lovely paragraphs when I pressed submit reply, and then they were gone!

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Hi all

 

I wanted to say thank you for all off your help. You've kindly given me more information than I ever asked for. All I wanted to know was could I demand the full details of my suspension.

 

Especially Sangie, from the start I knew it was my word against theirs. You've made me see that while I shouldn't expect the worse, I've made the right decision to also expect the worse and to look for another job.

 

The holiday (stuff the conference)! I'm going to go. The week of the conference, I will simply add it to my holiday BUT not in the conference city.

 

I assume you already have the authorisation for the holiday. Just remind them - in writing please - that they have authorised this and the dates that you will be away. We wouldn't want them to think you'd gone without permission, would we???

 

And for the rest, oh I get it. Heard it all before too. There's a wardrobe of T shirts somewhere around here. See what happens, and come back the instant you need some more advice. In the meantime, since you aren't in a union (I trust that is a mistake you won't be repeating?) do not believe anyone who tells you it would be better to "be honest". They rarely mean it! This usually interprets as "give us more ammunition".

 

One other lesson that I hope won't need repeating - social media and work NEVER mix well. Do not friend colleagues and work contacts. Keep Facebook, if you must use it, for real friends and relatives - and that is an explosive mix anyway. After what I have seen with social media in the workplace, I will not sign up for any of them. My email and SKYPE work wonderfully well in maintaining contact. People lose track of social media, and I really am fed up of digging people out of holes of their own making. I get why they do it. But there is a sure test - if you wouldn't put it on the notice board and sign your name to it, don't say it. If that person at work is a friend, you would already know them! And for goodness sake, never have a drink (alcoholic) anywhere near a social media site!

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I just assumed I would be dismissed before my holiday dates came around. I wasn't think of the possibility of still being with the company.

 

I don't usually friend work colleagues on Facebook and my Facebook profile is as private as it can be; plus I'm ever so careful with what I post - no political statements, nothing about work unless I want to promote a project I am working on ... I just bore people with my holidays. This colleague was a real friend prior to my joining the company. I didn't realise how toxic they could be until I started working with them. It's definitely the unfriending that has been deemed as harassment, if not they will struggle to find anything offensive on my social media.

 

Once again I can't thank you enough for your help.

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Update - the colleague I asked if could have as support has been told by HR that there will no investigation meeting so they are not required to support me. I still haven't been told anything.

 

Does this mean I've been dismissed?

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Update - the colleague I asked if could have as support has been told by HR that there will no investigation meeting so they are not required to support me. I still haven't been told anything.

 

Does this mean I've been dismissed?

No, most likely they've realised that the allegations are fabricated and decided to drop the disciplinary.

If this is the case, it is now your turn to get your grievance resuscitated and heard.

Good time to point fingers and turn tables upside down in my experience.

I don't think they have dismissed you without hearing your side of the story, but you never know with these monkeys dressed as humans nowadays.

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Beatrixx, you got really good advice from members here as they have pointed out, just relax and wait. You may try not to talk/meet or have any further discussions with your work colleagues. They may not have all the evidence and will fish for information from you.

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It is more than likely that they have decided not to proceed. But not guaranteed. Now just keep calm and sit tight. They will contact you when they have decided something. Until then, do not precipitate anything. Once you know what is happening then we can suggest next steps.

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