Suspension

[monkeychicken]

I know its hard, but you must be patient - been thru suspension myself (in my case it was three and a half years though) but eventually came out on top at the other end. Just be patient and remember they are paying you all this time. Hopefully your situation will be resolved sooner.

[Serendipity 42]

Thanks for the support. But I really do hope 3 and a half years is the exception here and not the rule!

 

Did they pay you all that time?

[monkeychicken]

Not only did they pay me, they also gave me annual payrise and also I kept my lease car. The lease ran out after 3 years so I extended the lease and got a new car just after the suspension was lifted. I even had to force them to take disciplinary action through ET - I asked ET to take over the disciplinary action because they said they would charge me but was not holding any hearing . They charged me with 36 offences and I won on every count, they were all false allegations, exaggerations (they asserted calling someone a dinosaur was swearing), etc.

 

I hope your suspension is nowhere like mine was, but even though it might seem dark now, you will come out at ther other end. Use the time to do something productive.

 

I learnt to swim and learnt about employment law. The internet is fantastic for any kind of information.

 

Good luck - I'll help if I can. This forum is great make use of it.

[Serendipity 42]

Well I am not sure they have that much to go on, but it is nerve racking waiting for the outcome. I am worried if they suddenly decide to go to disciplinary and find against me, it will all happen quickly and I won't have time to appeal whilst still being paid.

 

You are right though I have found this forum very helpful and I am often amazed by some of the stories I have come across.

 

Well done to you though it sounds like you could start your own little side line in employment law.

[Serendipity 42]

New development, advice please? I received a call this morning inviting me to an interview next week.

 

If I was lucky enough to be offered this role, how should I approach my current employer who is still conducting an investigation.

 

My problem is the reference, although nothing has been decided yet and I personally do not think there is a case to answer, I do not want the decision handed to them on a plate and I need a good reference to move on.

[Emmzzi]

Tricky. I'd be inclined to cross that bridge if it came to it.... get the offer, have a chat with the boss in a "we can make this go away if.." on a reference.

 

Do NOT hand in notice until you have a 100% unconditonal offer.

 

Very well done on the interview!

[altobelli]

Yes, go to the interview and give it your best shot, but don't mention the situation at the current employer at this stage.

 

See if you can get some feeling for how long the disciplinary process is likely to take.

[Serendipity 42]

Thanks guys, I have 4 days to prepare.

 

[monkeychicken]

I had a friend who got offered a job whilst on suspension and his union negotiated a settlement by way of a £35k payment and an excellent reference.

 

This was the same place that suspended me and I think even though his case was not as strong as mine, they were glad to get rid of at least one problem.

 

I went for two interviews whilst I was suspended, the first one, early on, I didnt say anything about being on suspension (because it was without prejudice) but didnt get the job.

 

For the second one, by then I had enough to know that I was going to win, so I took the view that I would not compromise simply to get away. So I told the second people that I was under suspension (also one of the interviewers probably would have found out anyway). I didnt get the job either.

 

My advise to you would be to go to the interview, explain to them that you dont want your current employer to find out that you were looking for another job, so would not want them to contact your current employer until they were prepared to offer you a job subject to references.

 

If you do get an offer, then approach your current employers HR to see if they would do a COT3 agreement, involving a good reference. Use the Union if you have one to do the deal. If not, I am sure you will get good advice on this forum about tactics etc. Focus on the interview first though.

 

 

 

Regarding the employment law thing, I did consider whether I should retrain to become a lawyer after my settlement (as I could manage without any real income for a few of years). However I got a really good job in a related industry and two years after that, have moved into a very senior post with some 180 staff working for me, and something like £25million turnover and £4million gross profit for my unit.

 

So there is a positive outcome in some cases.

 

Incidentally today is the sixth anniversary of the day I was suspended!!

 

Anyway nuff about me.

 

Good luck for the interview and keep you chin up.

[Serendipity 42]

Thanks for the advice MK I will definitely look into that if I am lucky enough to be offered the job.

 

It is at a lower wage so would welcome anything that could tide me over whilst I readjust my finances. Don't have union rep, so will be relying on the guys on this forum for advice.

 

But hey haven't got the job only an interview so this might be counting my chickens way before they have hatched!

 

Your story is an inspiration, I am pretty sure others are following with interest, thanks for the encouragement, much appreciated.

[Serendipity 42]

Hi guys, just had an e-mail from colleague who I offered up as a reference she told me she has been asked for an online ref, I am a bit concerned because I haven't even got to interview stage yet and I am worried that even though I asked them not to contact manager they may have.

 

the form asks if any allegations have been made or disciplinary outstanding if so how has it been resolved. If they send this to my manager they may consider this an admission of guilt and use it as additional leverage, to suuport the original allegation.

 

The other thing to mention is they sent her a copy of JD and PS, clearly showing it is a lower banded job, in seeking my credentials at what point does this become a breach of confidentiality?

 

How should I play this?

[Emmzzi]

1. it in no way supports or defends allegations, it is not an admission of guilt, you are getting just a wee might paranoid with all this extra time to think

2. breach of what confidentiality? you haven't taken the job, you've just made an enquiry with a CV...

 

I think you do however need to put "please do not contact my referees prior to my accepting a verbal conditional offer." That is ok and normal in hiring!

[Serendipity 42]

Yeah you are probably right, but can't help feeling that asking for refs upfront may have sealed my fate as regards this job I am interviewing for.

 

Also worried that it may get out on the grapevine within my organisation and then what?

 

Well what will be will be. I will go for the interview anyway and take it from there.

[Emmzzi]

If you can't affect it, don't sweat it

[Serendipity 42]

Just in case they have already contacted my manager how should I prepare for a question that asks if I have had any allegations made against me?

[Serendipity 42]

Hi went for interview, I believe it went well.

 

Decision to be made in 48 hours, this job is below my current wage scale and I was asked about this, I said quite truthfully that I actually feel my head is stuck in paperwork and whilst important, there is not much job satisfaction, I did not mention the allegation.

 

Problem if I do get offered the post , the results of investigation are this week and whilst I don't feel there is a case to answer I don't know the outcome.

 

Can anyone advise on how I broach the subject of allowing me time to speak to my current employer before they ask for a reference and how should i approach and negotiate with my current employer?

 

I feel they have made it impossible for me to return, but also that I should be able to ask for some recompense if I am forced to take a job at a lower wage and re-evaluate my lifestyle, because of this allegation?

 

What would you advise?

[Emmzzi]

for time, just say "I need to discuss with my partner" or "I need to sleep on it", can I get back to you tomorrow?"

 

As for approaching employer - there is no easy way, it's bullet biting time I am afraid.

 

And compensation - you are choosing to leave prior to the conclusion of a process. No chance at all. You need to let it ride for that one and then win at ET.

[Serendipity 42]

Hi Emmzzi, When you say bite the bullet time, do you mean just make the decision to leave and throw myself at their mercy and beg for a good reference?

 

Even though it may well turn out I don't have a case to answer?

[Emmzzi]

No, what I mean is go to HR or your boss and say "I have another job offer and I need to know in your opinion am I getting kept on or if we can conclude the HR procedure in th next day or so; and if I'm not, what kind of reference you would give me."

[monkeychicken]

well done on the job!!

 

Emm is correct. Ask for a 'without prejudice' meeting with the HR person. Be very polite but make it clear you are not accepting any of the allegations and you will fight it all the way and beyond. Then ask them if they are prepared to settle through a COT3 agreement. point out your new job is less pay. Ask them for a figure theyd be prepared to pay in addition to giving a good reference. It will cost them a minimum 5k if a case went to et.

[Serendipity 42]

Well, still waiting on decision as yet and just trying to prepare in case I am offered the post and they still haven't let me know about the investigation. This week is the deadline, so just trying to stay 1 step ahead.

 

Thanks Emm & MC for great advice as always, at least I have a plan of action now, will update soon

[Serendipity 42]

Still sitting here sick with worry waiting for the outcome, want to ring but at the same time worried what the answer is going to be.

 

A disciplinary and all that entails is a very daunting thought and I think a very unfair response to this issue, but I can't help thinking the worse and also that I might prompt the very reaction I dread.

 

Stupid eh! will leave till 3pm and then phone I think, if I leave much later they will all be off home and won't want to speak to me.

[Emmzzi]

Just a wee supportive hug from me. Hang in there.

[Serendipity 42]

Thanks Emmzzi. I spoke to investigation manager today and after telling me he would do his best to complete 1st by Weds and then Friday this week, is now saying it is going to take another two weeks because he has only just received everyone's transcripts back this morning.

 

I am gutted, I said I did not see why I should be excluded like this for something that is common practice and if the DM continues to believe this is the right course of action, why is everyone else still at work, he said he understood how difficult this must be, but this can not be rushed for my sake as well as everyone else's.

 

He wouuld not say how long the process would be following this, only that he would complete his part and let me know the report had gone. I then received email from H.R. after prompting from the investigating manager to let me know I am still excluded from the workplace,

 

I am extremely upset at this point and not sure what my next move should be if any?

[Emmzzi]

Just sit tight. Knit a jumper. Cook and fill the freezer. Find busywork. Sit on your hands do not call or email.