Suspension Question

[neilfisk]

Hi all,

On Friday I got pulled into my bosses office who informed me that I was suspended with immediate effect and the HR Dept will be in touch.

The reason given was that fuel went into my demo and another company demo reg number was used.

Now, I will point out this was not done by me nor was it instructed by me for this to happen, but because the other person said I told him to do this, I get suspended.

 

There is no proof that I instructed this to happen and there is video evidence that the other person actually put fuel in the car....

Where do I stand?

Can anyone advise?

 

I have also asked how long the suspension is for but I am getting told that there is no timescale.

Is this legal?

 

Thanks in advance

[renegadeimp]

Its called investigation. Suspension while under investigation is very normal for something that is serious.

 

And yes, it is perfectly legal and standard in almost any company.

[neilfisk]

Its called investigation. Suspension while under investigation is very normal for something that is serious.

 

And yes, it is perfectly legal and standard in almost any company.

 

 

 

Thanks, I knew it was/is standard but no timescale to my suspension? Is that normal...

[BazzaS]

It is absolutely legal if:

A) You are suspended pending the investigation, and

B) You remain on full pay.

 

Although it doesn’t feel like it, suspension on full pay is a “neutral act”, it doesn’t imply guilt or any funding of guilt, and you are no worse off (in fact you are getting paid and not having to do your normal work!)

[renegadeimp]

Yes. Although it shouldnt be prolonged. Its not unusual for an investigation to last a few weeks in some cases, but the employer should make investigations thorough and timely. Once they investigate, they will then call you to a meeting, where you can put your side forward.

 

remember, its an investigation, so they have to gather all evidence since something serious has occured. Whether you did what was alleged or the other party did and is trying to pass the buck.

[BazzaS]

Thanks, I knew it was/is standard but no timescale to my suspension? Is that normal...

 

Can you tell how long their investigation will take?

Can they?

 

If not, then no timescale (or “while the investigation is in progress”) is all you can expect!

[renegadeimp]

One thing, do NOT start contacting your employer asking how long it will take. Let them investigate, unless its a very long time ( multiple weeks). Also, are you in a union?

[neilfisk]

Thanks all, they have given no indication off any sort off timescale. I looked through our Co policy handbook and there is no mention off it at all. I just presumed that there is a timescale that they had to follow. I am in Unite, so going to contact them but obv this is stressing me out as I have never been in this situation before.

Thanks again, really appreaciate your replies

[renegadeimp]

Since you are in a union, inform your rep, and let them help. You have to follow a set procedure now. Dont get caught out.

[neilfisk]

Since you are in a union, inform your rep, and let them help. You have to follow a set procedure now. Dont get caught out.

 

Thanks, going to speak to them on Monday. Can I ask what you mean by 'dont get caught out'?

[renegadeimp]

Breaking procedure, or speaking to other people, hampering any investigation. Let your employer investigate, let your union rep sort things out in the meantime and find out whats going on.

[G G GEE]

Thanks all, they have given no indication off any sort off timescale. I looked through our Co policy handbook and there is no mention off it at all. I just presumed that there is a timescale that they had to follow. I am in Unite, so going to contact them but obv this is stressing me out as I have never been in this situation before.

Thanks again, really appreaciate your replies

 

Try not to panic or get stressed, just enjoy getting paid for doing nothing and let them do their investigation. I'd also submit a SAR to your employers requesting a copy of everything they hold , written, email or CCTV. This at least will let them know you're not going to put up with any nonsense from them.

[neilfisk]

Breaking procedure, or speaking to other people, hampering any investigation. Let your employer investigate, let your union rep sort things out in the meantime and find out whats going on.

 

 

Ah, ok get what you mean now. I wouldnt do that anyway incase it made any sort off impact on their investigation.

Thanks again

[neilfisk]

Try not to panic or get stressed, just enjoy getting paid for doing nothing and let them do their investigation. I'd also submit a SAR to your employers requesting a copy of everything they hold , written, email or CCTV. This at least will let them know you're not going to put up with any nonsense from them.

 

Hi, I never even thought off this but will be sending a letter in ref it.

Thanks for that

[renegadeimp]

Try not to panic or get stressed, just enjoy getting paid for doing nothing and let them do their investigation. I'd also submit a SAR to your employers requesting a copy of everything they hold , written, email or CCTV. This at least will let them know you're not going to put up with any nonsense from them.

 

why on earth would you do any of that?

[G G GEE]

Because it puts your employer on warning that you're not going to roll over and accept being treated badly.

[renegadeimp]

Thats is NOT how this works and is actually very bad advice. His union is there for a reason. he needs to use them and he is doing so on monday. The union will obtain the correct information.

 

Asking for a SAR etc will get him nowhere, and is totally unneeded

[G G GEE]

That's your opinion. A union is only as good as its local rep, if the rep is useless then you're effectively on your own. Do not rely on a union to save you, you need to be proactive in your own defence.

[renegadeimp]

Not opinion. fact.

[Beatrixx]

Do not request a SAR until after they have finished their investigation. If you were to request one now all you would do is delay the investigation and annoy the heck out of them. The only time to request a SAR is if the investigation does not go in your favour and you need to take legal action. To be honest with you, you won't get any tangible information from a SAR because they will deem it sensitive information with could be detrimental to the other parties involved if disclosed to you. If you have a copy of your contract and the company handbook, that is all you need at this point.

 

Contact your union rep. Let your HR department carry out the investigation and enjoy your time off but be available at all times. Don't speak to anyone else apart from your union rep. Trust no-one.

 

Good luck. I hope it works out in your favour.

[Emmzzi]

I too would avoid a SA\r and ride it out An aggressive stance raises suspicion; innocent people dont need to set up a giant defence. They're simply innocent.o

[neilfisk]

Morning all, thanks for all the replies. Really appreciate it, bit stressed out this morning about it again. I will speak to my union tomorrow and take it from there but I am up for a fight as this is not the first time I have been accused off something that I never did and other people seem to get away with doing, in my eyes, worse things that what I am getting accused off and nothing happened to those people, not even any HR investigations...

[G G GEE]

Give the union all the information and let them know what you expect from them, don't accept a second rate service. Ultimately, if the union proves useless then the fight is down to you, pull no punches and attack on all fronts.

 

Passivity is not your friend, attack, attack, attack, but also try to keep a sense of perspective about the whole thing. When all is said and done it's just a job, not life and death.

[renegadeimp]

It is extremely unwise to attack on all fronts. Especially as it's just a standard investigation

[ericsbrother]

It looks like someone at your company has seen somehting and jumped to the wrong conclusion.

 

i would suggest that you are not agressive and use what you know in a dispassionate way and the chances are nothing will come of this. If you say you are going after them for this slur on your character or whatever they may well pull up the drawbridge and take a decision that is bad for them in the long run but bad for you now.

 

Once they have made a decision it can be challenged anyway but then you will be on firmer ground. No, it isnt fair but getting your rep to have a word with the person running the meeting well beforehand may mean that it doesnt happen.

Edited March 19, 2018 by honeybee13
Paras