Suspension today

[AnxiousOne]

Hi,

 

I'm a chef who has worked in my current position for eighteen months. On my day off work today I received a phone call from my Manager who informed me that I was suspended with immediate effect without pay for "allegations of sexual harassment". When I requested details regarding who had made the allegations or even what they were, he informed me that I wasn't entitled to that information? Disregarding the fact that I have never harassed anybody in my life, is this correct? He informed me that I should go to the ACAS website and download the procedure pack, but I cannot find it. Thank you.

[papasmurf1cx]

Hi ... Is this a big organisation or a small restaurant? Management must give you information so you can defend yourself. Is there anything at all that comes to mind as to what it could be or possibly be? Are you in a union (that may or may not help depending on the reps!!) Did he say that he was going to write to you? You need to start somewhere to defend yourself, perhaps you can elaborate on the story.

[AnxiousOne]

Thanks for replying.

 

It's a Freehouse Pub, with a Manager who liases with the owner. He did say he was going to write to me. I'm trying to be objective, but the only problem I have had is with unwanted advances from his wife, which I rejected. I'm not in a union and paid cash in hand, so I suspect I don't have many rights. Thanks.

[elpulpo]

Hi ... Is this a big organisation or a small restaurant? Management must give you information so you can defend yourself. Is there anything at all that comes to mind as to what it could be or possibly be? Are you in a union (that may or may not help depending on the reps!!) Did he say that he was going to write to you? You need to start somewhere to defend yourself, perhaps you can elaborate on the story.

Well, at this stage they needn't divulge the exact nature of the allegations, but they should give you written notice of your suspension - which should be on full pay.

They should provide you with a copy of their disciplinary procedure, you shouldn't have to go looking on the internet.

What he was probably refering to is this http://www.acas.org.uk/index.aspx?articleid=2174

Chefs?! In a union?! Are you mad?! That's what's wrong with this industry.

[papasmurf1cx]

Everyone has rights, it depends on whether you want to enforce those rights. Cash in hand, normally suggests that one side or both have something to hide. Are you in a position to be open in a Tribunal or would you rather not raise issues?

 

Am I mad??????? Maybe, it helps to pass the time of day away.

[AnxiousOne]

I have nothing to hide, I work, pay all of my bills, rent, council tax and everything else. It was a job which I needed, the owner wanted to pay me in cash, £400 a week.

[papasmurf1cx]

I was trying to be delicate. Sometimes (I realise you probably know what I am saying) peopel claim benefits, fail to disclose earnings to the HMRC, fail to pay national Insurance etc while also working 'cash in hand.' I am not suggesting you have done this but if you are sure you are 'legit' then perhaps your employer has something to hide eg failing to pay employers Nat Insurance, minimum wage payment, something????

 

Sexual Harassment works both ways..... http://www.adviceguide.org.uk/index/e_sex_discrimination_and_sexual_harassment_at_work.pdf Are you saying that you are the victim?

[elpulpo]

Ah, now it gets tricky. Have you been cash in hand for the 18 months you've worked there? No tax or NI?

[AnxiousOne]

As far as I know all 18 months, no tax or NI at all, I did think I was in a crap position.

[AnxiousOne]

BTW, no benefits of any sort.

[papasmurf1cx]

What have you told the taxman? have you submitted tax returns? Your employer obviously has not and would be well in the poo, but we are trying to look after your position. You don't want to go frying pan to fire that wouldn't be helpful. How can you square it with the taxman whilst sorting out the employer?

[AnxiousOne]

I haven't told the taxman anything? My employer said he would take care of all of that? Should I approach them now?

[papasmurf1cx]

This is getting to an area that I have limited knowledge as to what reception you would get. I did have a similar personal problem after I had my accident, tax affairs were not the highest of my priorities. When I did turn my head to our tax affairs, I just played it honest and said it how it was. The HMRC issued back dated tax demands and fines and interest on those fines. However when I wrote a letter saying what stress and strain I had been under they waived the interest (or at least they waived something can't remember the details now). So you could have a hefty bill. On the other hand your employer could well be in bigger poo. How many other employees are under the same deal?

[AnxiousOne]

I honestly don't know, but the whole harassment allegation thing makes me feel sick, I have spent all day online trying to find an answer to a bastard bully, and I'm still not there. Oh well, new day tomorrow.

[elpulpo]

You see, we're in the area of an illegal employment contract, given that the employer hasn't been making deductions. That can mean that you don't have employment rights.

I think that's a bit crap, myself. After all, it's the employers statutory responsibility to make such deductions, but it seems that the law holds that the employee has effectively colluded with them by carrying on working under such an arrangement.

It might mean that you'd be unable to claim unfair dismissal, for example.

I suppose that you could argue that you thought that the £400 a week was a net amount after deductions, and that your employer just never gave you payslips.

I don't know how the employer goes on with HMRC in this situation, they may have more to lose than you. You might even be able to use the fact that they've not taxed you to your advantage, use it as a tactic to get a settlement.

[AnxiousOne]

I don't wan't to lie, if I am as much to blame for fraudulent earnings then so be it. I will pay the price. I just want to clear these false allegations at any cost.

[papasmurf1cx]

That may be your salvation then. As elpulpo has said, if you get in writing first the allegations that you are alleged to have done, that then proves that you were employed, (why suspend you if your were not employed!!) you can then deny the allegations and then fire back with a couple of your own eg that you have asked about your paye status, wage slips, contracts, pay and conditions etc etc and that the employer has failed to do anything about your complaints. That will bring the pains on and may bring then to the negotiating table.

 

Hope it works out. Keep us posted as to developments.

[Sidewinder]

Have to agree with much of what is being said above. This is likely to open a huge can of worms, as your employment status, and therefore any form of legal redress is going to be extremely complicated. The tax bill, and likely penalty from HMRC is going to be astronomical alone once they get wind of around £30,000 of untaxed earnings.

 

On the plus side, they are talking suspension, so as previously said there is an admission of an employment relationship, but there is little that you can do at this stage until presented with more detail. Read through the link provided to ACAS above, and start to digest the key points in order to make sure that you are treated fairly. Were there any winesses to the advances from the person in question? Note down dates, times and exactly what was said, and keep us up to date with developments.

[honeybee13]

Hello there. I have a couple of points to make. At this stage, it could be worth talking to an accountant about your lack of payments to HMRC, who as has been said, will not be happy, but you need to sort this, you said yourself. A decent accountant should give you a half-hour initial meeting free, to see if they could help you. After that, you can decide.

 

Accountants are better able to judge how HMRC will deal with your type of case. Who knows, they could even be mildly grateful if you expose the dealings of a business that seems to be ignoring many laws. [HMRC, I mean.] I don't know if they cut deals.

 

The other thing that occurred to me is that bullyonline.org might give you some insight. If this guy is a typical one, he could be using one of their tactics which is turning overnight into the victim themselves. You don't know if his wife told him the truth about coming on to you, or panicked and made something up. Or she could be manipulative.

 

We'll help all we can. Please keep posting.

 

My best, HB

[honeybee13]

Btw, papasmurf, are you a mad chef, or just crazy like the rest of us?

 

HB

[AnxiousOne]

Thanks for the replies. I have arranged a meeting with an accountant for Friday to discuss the HMRC aspect of the matter, and I am waiting on the post at the moment for the promised letter.

 

This morning a female colleague informed me that the Manager gathered all of the female staff into a group yesterday and told them that he had suspended me for sexual harassment and wanted them to write anonymous statements. Is this the way things should be conducted? Some of the staff are apparently scared of losing their jobs.

 

As to the problems with his wife, the advances happened during a social evening in the bar, I don't think there were any witnesses and I just gave her a wide berth for a while and hoped things would settle down.

[papasmurf1cx]

Honey.. I am blue all over and have a white beard....... you can't miss me!!

[papasmurf1cx]

Hi Anxiousone.... hope you got some sleep. It is good that you have a 'friend' that is feeding you the information. A couple of things come out of this post, first the management are obviously looking for corroboration of the wife's allegation and he doesn't care that he trashes your name (he has let it be known that you are a sex pest!! If it is a lie he has slandered you). Even if he gets statements the fact that they are anonymous makes them worthless. How can he take action on them that would stick. Is there any reason for you to be worried over these women saying anything to your detriment and if so what reasons could there be for them to do so? The next thing is there any male staff where the wife could have made advances to as well as you?

[elpulpo]

Anonymous statements aren't necessarily invalid, Papasmurf. It can be argued that it was necessary to preserve the anonimity of the complainants, particularly when the accused is still employed.

[papasmurf1cx]

Maybe so, but eventually these people would have to be identified in a ET case. It is patently unfair to use statements from anonymous sources to justify action. Any manner of crap could be said otherwise.

 

The manner in which the suspension was announced also bothers me. It is like sign posting the staff to make statements around a sexual harassment basis. It would have been safer, fairer and better evidentially to simply state A1 had been suspended for an alleged incident and that management were seeking information as to any other conduct that could have broken company policy.

 

All I am saying is at this stage and in this manner these statements can be questioned as being suspect even before any are made and disclosed.