Urgent Help & Advise Required, apparent Gross Misconduct.

[Movin_Shadow]

Hello guys, I need some advice here with this situation.

I have been working with my current employer for the past 5 years, with a fantastic record and have been a top employee on many occasions even securing a place on a college course which the company has paid for.

However, I arrived in work on Friday as usual, 9pm prompt, I go into my department and within 30mins I have a phone call asking me to come to HR.

I goes to the HR room, where the HR officer and my line manager are waiting, they take me to the meeting room, and tell me there has been something “crop up” unexpectedly, where SOMETHING I have done is not in line with the data they have been given. I asked if they could clarify, but they said they couldn’t tell me what I am being accused of until an Investigation has been carried out.

They had a folder on the desk with some documentation in it, but I asked to see it, and they told me I wasn’t allowed until they had investigated again. They told me I was currently now under suspension and will be getting full pay. They will be in contact with me when the investigation is complete. I asked a few more questions about what they are on about and who has said what and what the alleged allegation is. They still have not told me.

I was escorted off site, and told not to contact anybody at work. I would also be expecting a letter through 1st class post the next day (Saturday), Which I received.

The letter states and I quote;

“Following our meeting of 19th June 2009, I am writing to confirm that, as of the date of the meeting, you have been suspended from work until further notice pending into an allegation of gross misconduct. We reserve the right to change or add to these allegations in the light of our investigation.

Your suspension does not constitute disciplinary action and does not imply any assumption that you are guilty of any misconduct. We will keep the matter under review and will aim to make the period of suspension no longer than necessary. During your suspension, we shall continue to pay your salary in the same way.

You will continue to be employed by us throughout your suspension and you remain bound by your terms and condition of employment. You are required to co-operate in our investigations and may be required to attend the workplace for investigative interviews or disciplinary hearings. However, you are not otherwise required to carry out any of your duties and you should not attend the workplace unless authorised by a member of HR. You must not communicate with any of our employees, contractors or customers unless authorised. However, you are required to be available to answer any work related queries.

Please read and ensure you understand our Disciplinary procedure, [Contained in the staff handbook]. When we have carried out our investigation, we shall write to you to inform you whether we intend to hold a disciplinary hearing. If we consider that there are grounds for disciplinary action we shall inform you of those grounds in writing and you will have the opportunity to state your case at the hearing, in accordance with the disciplinary procedure.

If you know of any documents, witnesses or information that you think will be relevant to the matters under investigation, please let me know as soon as possible.

If you have any queries about this matter or the terms of your suspension, feel free to contact us.

Yours Sincerely”

XXXXXXXXX

I still have no clue what to do, what I am supposed to have done, and I am unsure of what to do next. What documentation?..What does this sound like to you guys? I feel and believe I am being stitched up, but until I know what I am being accused of, I cannot say anything more until then.. can someone please shed some light on this for me please, I have never been in this situation before and I do not want to lose my job and my career as a professional.

I would finally like to mention I did receive a phone call on the Friday stating that I would more than likely be expected in for a meeting on the Friday of next week. I also would like to point out that the college course I have been put through is a 2-year course, and has 2 weeks left until I qualify, I go into college on a Thursday, so the day before this meeting. Should I be worried about not getting qualified, as I earned the right for this, and have completed all my assignments for handing in this Thursday?

Thanks in Advance.

Shadow.

[flipper79]

The first thing I would do is contact ACAS in the morning to find out how much of a reason they need to give you for a suspension. I don't know, to be honest, whether saying it's gross misconduct is enough to count as the reason. And it seems a bit unfair to say, 'If you know of any documents, witnesses or information that you think will be relevant to the matters under investigation, please let me know as soon as possible' when you haven't been given any specific information what it's about.

 

That's the only thing I could potentially see a problem with (although I'm no employment expert by any means so please do check everything with an organisation like ACAS). Everything else looks to be by the book, and the letter goes a long way to stress that you will still be paid and there's no question of guilt at this stage.

 

If they haven't made any reference to your college situation then of course contact them to check. If there are no other employees from the same firm that attend the course I can't see any reason why they shouldn't let you complete it. Afterall it would be 2 years education that they paid for out the window!

 

Hope everything works out ok. Can't imagine how stressful it must be, especially when you're in the dark over what it's about.

[patdavies]

This

You must not communicate with any of our employees, contractors or customers unless authorised.

is unlawful and unenforceable.

 

Whilst they can enforce non-communication during working hours, they have no rights over employees' own time. How would this work if you had a relative working there? The HRA allows freedom of association and your employer cannot over-rule that.

[Guest Old_andrew2018]

Hi I've just come across your thread,and must say now I'm no expert in HR issues, the advice given about contacting ACAS is valid, were they of any help, and are you in a union.

My usual suggestion in these circumstances is to send a PM with a link to your thread to forum contributers with HR expertise such as elche, ell-enn, or sidewinder asking if they can offer any advice.

 

Andy

[heliosuk]

If you know of any documents, witnesses or information that you think will be relevant to the matters under investigation, please let me know as soon as possible.

Er.........No.

On suspension you should have been told why.You should immeadiatly answer the letter with a request for an answer "why have I been suspended"

[Sexyeyes83]

This is unlawful and unenforceable.

 

Whilst they can enforce non-communication during working hours, they have no rights over employees' own time. How would this work if you had a relative working there? The HRA allows freedom of association and your employer cannot over-rule that.

 

Do you have any other information on this and or case law as I was told exactly the same by my employer in a letter.

[madari]

Sorry to say but in todays climate you are guilty till proven innocent.

 

When forces move against you in a place of work they move against you.

 

You are on your way out my friend as a similar thing happenned to my friend.

 

All an employer has to do is form a reasonable belief ....and that is very easy to do when they want you out.