Suspension today

[honeybee13]

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

:-)

Yes, but can you cook, as in mad chef? I've been spending the last few days trying to avoid smurfist jokes, but it's very tempting about small blue people. Sorry to interrupt, OP, back to serious business on your thread now.

 

My best, HB

[honeybee13]

Sorry to disagree with you, Elpulpo, but I think anonymous statements could work against management in the long run. I could be wrong of course, you were my mentor.

 

HB

[honeybee13]

Anxious One, I'm pleased you're going to see an accountant, it might help you understand the process with HMRC. If you haven't already, please make sure what this accountant specialises in. They're like lawyers and you need someone who deals with HMRC and investigations on a regular basis.

 

My best, HB

[AnxiousOne]

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?

 

None at all.

 

Thank you all for the replies. I still haven't received the letter, but will post the contents when I do.

[elpulpo]

Sorry to disagree with you, Elpulpo, but I think anonymous statements could work against management in the long run. I could be wrong of course, you were my mentor.

 

HB

It's certainly not ideal that the statements are anonymous, and yes, it could certainly be to Anxiousone's advantage if he has to challenge them. All I was stating is that it can sometimes be necessary for them to be so, particularly when there are allegations of harassment/unlawful discrimination, at the disciplinary stage. Were they to be presented to an ET, that would be a different matter.

Don't ever, ever disagree with me about anything ever again, Honeybee. I'll hunt you down.

[papasmurf1cx]

I agree that as an investigative tool anon statements have a place. After all the Kray's were all brought down with anon statements being made. But when the arrest team went in names were put in and they were signed but only when they were safely locked up.

[honeybee13]

It's certainly not ideal that the statements are anonymous, and yes, it could certainly be to Anxiousone's advantage if he has to challenge them. All I was stating is that it can sometimes be necessary for them to be so, particularly when there are allegations of harassment/unlawful discrimination, at the disciplinary stage. Were they to be presented to an ET, that would be a different matter.

Don't ever, ever disagree with me about anything ever again, Honeybee. I'll hunt you down.

 

Now I'm worried. Death by octopus. HB

 

At least, I hope it was a joke and an excuse to use one of the new smileys.

[mariefab]

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.

 

How did she inform you of this?

If by text/email save it.

If verbally, do you think that any of the female staff would be brave enough to write a statement for you stating the above?

[AnxiousOne]

How did she inform you of this?

If by text/email save it.

If verbally, do you think that any of the female staff would be brave enough to write a statement for you stating the above?

 

Verbally. Yes, one of them will.

 

As a latest development, I received, via a colleague, three days wages for the last three days that I worked. Apparently I am still suspended, without pay. All of the staff have refused to make any statements about me, despite being offered documents printed by the manager that just require a signature. I still haven't received any form of letter or any communication of any sort from the manager.

[papasmurf1cx]

if they are refusing to make statements that is going in your favour. Can you get hold of any of the prepared statements that were handed out, that smacks of a stitch up and would be good evidence of it.

[AnxiousOne]

I'm afraid not. The staff were called in one at a time and offered the opportunity to sign them, all declined.

[papasmurf1cx]

But you know they exist. Which means that at some stage you can ask for them to be disclosed should this proceed.

[honeybee13]

Hello there.

 

The last time we saw this on the forum, by which I mean statements being prepared by management for unsuspecting employees, it wasn't seen very well by us caggers. From memory, your statement if you choose to make one should be written or dictated by you, not made up by management. When I say you, I include your colleagues. I can't remember the thread or the outcome, but I'm pretty sure it's unethical. I'll have a look if I can for the thread and post if I find it.

 

My best, HB

[papasmurf1cx]

It is definitely 'unfair' and as ET's are all about fairness and putting the parties on equal footings I would imagine they would be hung drawn and quartered on this.

 

Honey would be interested to read that thread if you could find it.

[honeybee13]

Hi guys. I think I was thinking about the thread by madisnanny. The search facility here seems to have changed and I didn't find it as helpful as I did, but there is something on her thread about colleagues being asked to sign statements they didn't write. I haven't read it all and there is some stuff about emails etc that isn't relevant to this thread, but helped madisnanny hugely. It's worth a read just in case. I'm off to look at something else.

 

I still don't think an employer should be judge, jury and statement writer, for what it's worth.

 

HB

[389shell]

Subbing with interest, good luck.

[AnxiousOne]

Hello again.

Well it's one week and still no letter from my manager. A colleague has text me this morning to let me know that another chef has started work in my position today, apparently employed full-time. It would appear that I have just been dropped.

I don't really know where to go from here? Any information would be most welcome.

[Sidewinder]

I daresay that the employer is assuming that because of the cash in hand nature of your job you are unlikely to make a fuss.

 

However, suspension on full pay is a very dodgy course of action in the first place, for if it can be held that you are an employee under an obligation to do the employer's bidding, then you may have a case for an Unlawful Deduction in not paying you, plus a breach of contract and possible constructive dismissal claim. The big but however is that your employment status is unclear due to the lack of payslips etc. I don't suppose there was ever a contract either?

 

You could always send a Cease and Desist letter, warning that the labelling of you as a 'sex pest' is slanderous to your good name. Add this to allegations of possible Unlawful Deductions and Breach of Contract and it might give some food for thought.

[AnxiousOne]

I'm afraid no contract either. If he has made the assumption that I'm not going to take things further then he is very much mistaken, he is a bully and needs stopping, even if it only for the sake of the staff who are left there still.

 

The letter sounds like a good notion, do you have any idea how I could construct one? Thank you for all this help.

[papasmurf1cx]

What happened when you went to the accountant?

[AnxiousOne]

Sorry, I forgot to say, he cancelled my appointment due to a family problem, I'm waiting for his secretary to ring me to reschedule. In the meantime I have been searching online for accountants that specialise in HMRC, but it's very confusing.

[honeybee13]

Most accountants should understand HMRC. They might call it personal taxation in accountant speak, I'm not sure.

 

Income tax should be one of their basic skills, but it would help you to find someone how has dealt with underpaid tax or Revenue investigations. You could always ring local practices and ask if they have someone who deals with either of those. They should be able to tell you, and they should also be prepared to give you the initial 30 minute interview free of charge. It should be normal with accountancy firms.

 

How long might you have to wait to see the person you had the appointment with, do you think?

 

HB

[AnxiousOne]

I now have an appointment with another accountant for 9.30 on Friday morning, the complete first interview is free, regardless of how long it takes.

[honeybee13]

Good. I hope you get something out of the meeting.

 

HB

[AnxiousOne]

Hello again, I had the meetining with the accountant, he rang the tax office and queried the situation with them, just general advice without names, the advisor he spoke to said that the onus was on my employer to collect and pay the taxes/NI regardless of any deals between us and the would go after the employer in this situation. They also stated that I am employed, due to the nature of my job and the fact that I go to the same place of work every day, following my employers instructions and duty rota, using their equipment in their premises.

 

The CAB advised me to e-mail my manager asking him what he was doing about the matter. I did this yesterday and have just received a reply along the lines of

 

"I am sorry its has been a while but due to the fact that I have been working in the kitchen to help cover, I have not been on top of this, however I have instucted the staff concerned that they have till next friday to submit letters of evidence to me, at that point I will arrange a meeting."

 

As he now seems to be taking the official route (eventually) should I now press for wages due for the last two weeks? The CAB said that legally he had to pay me while I am suspended, and I did state that I hadn't received any wages in the e-mail I sent, but he just seems to be ignoring the fact.