Help on suspension from duty & not in a union

[rooster47]

Hi, when i walked into work on a monday morning nearly 3 weeks ago i was called into the office managers room where he handed me a letter stating i have been suspended from work on full pay for sending grossly offensive emails to colleagues about customers. Since that day i called the said manager 2 days after to be informed he had another letter for me. This letter then stated i was also being investigated for unauthorised access of customer files. Since that day i have not heard from said employer or the investigators. Is this normal?? Should i at least not have been given access to what i am alleged to have done by now? What would the best advice be for me to take as i am not in the union but i also know that my confidentialty was breached by someone in the office as i have text messages from colleagues telling me they knew i was suspended & the reason which were sent with in a few hours of me being escorted from the building. The only people that knew were myself, office manager & his pa so have they breached any confidentialty laws here?? Any advice on what is my next course of action would be greatly appreciated

[Sidewinder]

Hi, and sorry that you have found yourself in this position.

 

As you have been suspended on full pay, and notified that at this stage the matter is under investigation, then the disciplinary rules have not yet kicked in. A reasonable process is required whereby investigations are held without 'undue' delay, and it may be that it is taking time for the employer to gather evidence, allowing for IT needs, and relevant personnel being on holiday for example. You can expect to be presented with the case against you at an investigatory meeting, or ahead of any formal disciplinary hearing - they cannot reasonably just present evidence for the first time at a disciplinary hearing and expect you to be able to answer the allegation.

 

Although confidentiality should be maintained, then you may certainly make a complaint about the matter being the subject of gossip amongst other staff, and even make a direct allegation that information has been leaked by the management - you do, after all, expect to be treated with dignity, and not to be judged prematurely, however there is little that you can do about it as no data protection laws have been broken.

 

If you are desperate to accelerate the process, then you could write to the employer and state that after three weeks, you are wondering exactly when you might be given details of exactly what you are supposed to have done and when you might be able to defend yourself, or you may prefer to wait it out and I am sure they will let you know in due course. Until a formal disciplinary hearing however, although distressing, they may take as long as they need to gather what they need to.

[rooster47]

Thanks for the reply. I decided just to leave it till they contacted me but my suspension was due for re-consideration on monday so i telephoned today only to be told to stay away until they contact me about my hearing. Should i ask on monday for this in writing so as i have definate proof this is what the manager wants of me??

[bulletmagnet]

I have just been through a very similar thing, i was /am in a union and i was off on suspension for 8 weeks !

after the 6 weeks i got a letter with a hearing date which was 14 of this month, i did get all there evidence against me around a week before the hearing to prepare my defence with my union rep (see other post facebook summary dismissal)

i had to call every time i needed to know anything as they wouldnt have bothered to contact me, unfortunatley my hearing was so biased it wasnt worth turning up for and i received a summary dismissal.I will appeal my dismissal and go to tribunal if needed as i am innocent of the alleged accusations.

i hope it goes well for you and i know exactly how your feeling at the minute, if your not in a union have you seen a solicitor? you will get 30 minutes free to have a chat and may even qualify for legal aid, also check your home insurance as you may be covered for legal business through your insurers.

[rooster47]

Hi all, I was informed today that my suspension has now been extended on for a further 5 weeks & i will have the chance to see the evidence against me for a short time(been told probably about 1-2hours) on either thursday or friday yet i can't have a copy of the evidence or take notes & an interview has been arranged for next tuesday. Can anyone advise me if this is correct as if i'm to attend an interview how can i clearly be sure what i am speaking off as i don't have a photographic memory & should'nt in my view be expected too. Also the letter confirming my extened suspension was not given to me by any of the so called people in the know so again would this be classed as more breaking of confidentiality as the person that gave me the letter as nice as they were must surely also know that something is amiss at the moment

[rooster47]

An update - it turns out most people in my office have been told exactly what i have done(they know almost word for word)!!! I only know this as a friend rung me today & said he had been talking to a union rep in the street who was able to tell him word for word what it is i've done. Can someone tell me why the union know all about this, why i am not allowed to know while they & the whole office are & surely this is now a witchhunt against me as everyone now knows & how can i go back to work there as even if I clear my name mud sticks. Extremely angry now that I am forbidden it seems from seeing what i am supposed to have done yet every other tom, dick or harry can. Is it worth me now getting a lawyer to look into this as i'm basically being told i'm guilty now prove to the whole office(a big office i might add) that i'm not??

[Sidewinder]

You have said it yourself that it is a big office, and unfortunately, in any big office word spreads like wildfire. There is regrettably little that you can do about that apart from to raise a grievance protesting about the extended nature of your suspension, lack of information, mental torture and the fact that your disciplinary procedure appears to have been pre-judged and is a topic of conversation amongst your colleagues.