Length of suspension

[jharrod]

Good evening all,

 

My fiance has been on suspension since the early part of May and had her meeting with her work about the event that lead to the suspension, over a month ago.

 

She has not heard anything back from them whatsoever about the results of the meeting. We have not heard anything untowards a decision as to whether she will be sacked or allowed back to work.

 

It's getting beyond ridiculous now and I'm getting really annoyed with the fact that they are not communicationg with us. Her contract is in work so she can't see whether or not they are allowed to kpep her off work with no communication for this amount of time.

 

So my questions are:

 

Can your work keep you on suspension for over 2 months without a decision on whether or not they will sack you or keep you on?

Can you ask a member of staff to obtain your contract and bring it to you, so you can look at the disiplinary procedure?

 

I'm pretty sure they can't keep her off work for this long without some form or decision.

 

I would appreciate any replies to this, and thanks in advance for those who take the time to read it.

 

James

[RachelMD]

Was the meeting she had a full disciplinary hearing?

Has she attempted to make contact with her employer to see what's going on?

 

To answer your questions-

 

It's very strange to be suspended for such a length of time, and the employer should be able to justify doing so.

 

The important thing is to keep in contact, and keep careful note of everything that happens and is said- as this might well be crucial.

Sometimes, an employer feels they're at a stalemate in a disciplinary situation- particularly with a small employer they will decide to dismiss, but mindful that they have no grounds to do so lawfully are reticent to actually do so. So, they do nothing, hoping the employee will just magically disappear.

 

Yes, you can ask a colleague to get your contract for you (as long as you're not asking them to do anything that might be misconduct- such as stealing a copy from somewhere. Don't give the ER ammunition) I'd suggest just following the ACAS code of practice on D&G procedures.

I'm wary of suggesting that you ask the ER for a copy though, as they might make something up that will strengthen their position.

[jharrod]

Hi RachelMD,

 

No it was just an investigation into what had happened and to get her side of events. She has been told by her union rep that everything is in their (her work) hands, and to not contact them as much as she would like to. So basically it means she can't do very much about it, which I believe is crap.

 

She has attempted to make contact with her fellow emplyees regarding the situation and event, and she has made contact with the manager in charge of the investigation. He stated was looking into it, and this was over a month ago. She has not heard anything since.

 

I too feel that it is strange to have been on disiplinary for this length of time and she does need to get a decision very soon. I will not stop until she hears what will happen to her.

 

Thanks.

 

James

[jharrod]

Hi qyhlkq,

 

I can't believe it either. The way they have treated her is absolutely shocking.

She is still getting paid while on suspension, so it beggars belief why they are drawing it out for soo long. They are losing money because they're paying someone who isn't working.

One of my mates reckons they are keeping her off work, until a time when they can sack her because of the length of time it's taken.

 

I have stood by her through thick and thin while she was at work, and I want them to pay for the time she has lost by not working. She is used to routines and because she is not working, it has been playing havoc on her usually ordered life, and it's causing friction sometimes when we have arguments about what she can/can't do.

 

This will be resolved. One way or another.

 

James

[RachelMD]

Keep pressuring the union rep, they're paid to sort out these situations.

[jharrod]

That's what I tell her. She's paying them for a service and they are not delivering. I think personally they just can't be bothered to chase up her work about it, which is rubbish.

 

Anyway, the next step is to get the contract and see what the procedure actually is.

 

Should she not get any further help from the contract, is there external help, other than her union? Like citizens advice bureau or similar?

 

Thanks for everyones time so far.

[LaurynM]

She has attempted to make contact with her fellow emplyees regarding the situation and event

 

Hi James,

 

I'm sure it states in the initial suspension letter that you must not attend the workplace, or communicate with any colleagues, customers etc, so I would advise your fiance to be careful about who she speaks to, just in case her employer tries to state she has breached the terms etc (you never know what stunts they will pull), however I could be wrong, just check the wording of the letter she should have received when she was first suspended.

 

I hope she gets this sorted out soon, mine has dragged from mid June and I'm demented 4 meetings and 7 weeks later, never mind 3 months and 1 meeting!

 

Thanks

Lauryn

[jharrod]

Hi Lauryn,

 

The only letter she received was one to confirm her meeting date any why she was put on suspension. There has been no letter stating what she can'can't do.

 

Sorry to hear that you're in pretty much the same situation. Are you using a union to help with you?

 

Thanks

James

[LaurynM]

Hi Lauryn,

 

The only letter she received was one to confirm her meeting date any why she was put on suspension. There has been no letter stating what she can'can't do.

 

Sorry to hear that you're in pretty much the same situation. Are you using a union to help with you?

 

Thanks

James

 

Ah right, thats good then in her case. I received a letter stating I was being suspended, why, and then a whole lot of blurb which included that I was not required to perform work duties, should not communicate with any colleagues, customers etc, and was on full pay and such like, so I've been careful to keep my distance because my employer will be quick to cast it up I think, they appear to be trying to dismiss me but dragging it out and calling meeting after meeting to go over the same info.

 

I started using a Union Rep but he was useless, my Team Manager is now actually my rep (he's a fantastic help) and I have a degree in Criminology and Law so have been doing a lot of reading in my time off and luckily the terminology is all familiar to me, so I'll try and help others as best as I can in return now.

 

Thanks

Lauryn

[jharrod]

She has received a text from her friend in work, saying she is down to work tomorrow 9am to 5pm???? She called her work up and told another emplyee she's not going in.

 

Almost 3 months out of work; hardly any contact and then told she's down to work the next day? What a load of bull.

 

Oh and by the way, the company she works for is xxxxx. They have treatd her like rubbish through this entire process.

 

Thanks

James

Edited August 1, 2011 by cerberusalert
name removed

[LaurynM]

She has received a text from her friend in work, saying she is down to work tomorrow 9am to 5pm???? She called her work up and told another emplyee she's not going in.

 

Almost 3 months out of work; hardly any contact and then told she's down to work the next day? What a load of bull.

 

Oh and by the way, the company she works for is xxxxx. They have treatd her like rubbish through this entire process.

 

Thanks

James

 

Her employer should be contacting her directly to advise what, if any action they are going to take, and follow that up, i.e. no action, invitation to disciplinary etc.

 

They also should not be telling her colleagues details of when she should be coming back to work - that should be done direct and the appropriate notice given for her return, if I were her I wouldnt be coming back to work until they contacted me directly.

 

Thanks

Lauryn

[jharrod]

She is not going in. She will be waiting for a call to confirm that she is working. That's how good her company is.

 

Anyway, thanks ever so much for all the replies and I'll provide an update tomorrow of how things progress.

 

Thanks and good night.

 

James

[LaurynM]

She is not going in. She will be waiting for a call to confirm that she is working. That's how good her company is.

 

Anyway, thanks ever so much for all the replies and I'll provide an update tomorrow of how things progress.

 

Thanks and good night.

 

James

 

That's really poor that they haven't even bothered to contact her, but it's almost laughable that they've spent all that money paying her salary and keeping her off work for all this time when they could have just dealt with it promptly and allowed her to "earn" her wages normally in work.

 

If it was me I would be awaiting a phonecall giving a reasonable start date back to work, and I would want it in writing that no action was being taken against me and I was being cleared in full. Its disgusting how lazy some employers can be, mine are just wasting time going over the same points over and over again whilst I'm at home doing nothing on full pay.

 

Good luck.

 

Thanks

Lauryn

[jharrod]

Well she hasn't received a call from work, saying they are expecting her, and her union rep hs not head anything froom them.

 

The letter she received, did in fact state that no contact should be made. However, she has only requested her contract from one of the employees, and all other times she received texts/calls from them.

 

I can't see any way of speeding this process up because she can't contact anyone there, her work are being rubbsh about contacting her, and her union rep hasn't heard anything.

 

She's been off work for over 3 months now, and it's getting to the poitn where I think she should look for another/find another job and then hand her notice in. Can she do that while on suspension for this length of time with no contact from them?

 

Thanks

James

[LaurynM]

Well she hasn't received a call from work, saying they are expecting her, and her union rep hs not head anything froom them.

 

The letter she received, did in fact state that no contact should be made. However, she has only requested her contract from one of the employees, and all other times she received texts/calls from them.

 

I can't see any way of speeding this process up because she can't contact anyone there, her work are being rubbsh about contacting her, and her union rep hasn't heard anything.

 

She's been off work for over 3 months now, and it's getting to the poitn where I think she should look for another/find another job and then hand her notice in. Can she do that while on suspension for this length of time with no contact from them?

 

Thanks

James

 

I think that they can still continue and proceed to a disciplinary stage if they feel it is necessary in her absence even if she does resign and conclude without her, someone please correct me if I'm wrong.

 

I've accepted a position with another company during my suspension with my current - they were supposed to inform me of the outcome to my suspension and disciplinary yesterday in writing and then sent me a message asking me to come in to discuss the outcome which I declined (I've had enough) - so as soon as they bother either dismissing me or clearing me/giving me a warning, I'll either be appealing the dismissal to clear my name, or handing in my resignation if they don't, either way I'm disgusted working for a company that treats me this way, but I've refused to hand my notice in whilst under suspension in case it implies any guilt and I am not guilty - just fed up.

 

Is there no one at all your girlfriend can contact to speed things up? What about the manager currently dealing with the suspension who should be named on the letter they gave her at the beginning? 3 months is pathetic.

 

Thanks

Lauryn

[jharrod]

Hi Lauryn. Just to let you know that my fiance has had a letter through, stating that she is back to work this Thursday.

 

Although the letter makes her out to be a really really bad person (which she is definately not), it is the closure we have been seeking for, for some time.

 

Thanks for your help and kind replies.

 

We hope that you will have the same closure as she has had.

 

James