Help needed suspended from work :(

[Brownguy53]

Hi guys,

 

Been pretty upset today as found out i'm suspended from work for 'misconduct'. I'll explain..I'm a youth mentor for a university and work mainly with FE Students.

 

Basically i started the job in September 2012 and had all the relevant training provided by the university. As a youth mentor I have to teach students about various educational topics every month such as sti's etc and monitor/supervise students in the student common room..as part of the university's interest in students they ask students to fill in feedback forms at the end of each educational topic teaching session.

 

In December 2012 there was some comments left in scribbly writing which made racist remarks to myself as a tutor stuff like 'why don't we have a english tutor etc'. I didn't actually see these comments but my manager did. My manager rung me at the time and asked me to call him. I called him and he told me that he had seen the comments and that i should ignore them as the majority of students are white and its ignorance, but he didn't want me to feel the matter was being ignored so he would have a meeting with all students and get the police to come in to talk about racism. He did all of this and no one admitted they wrote the comments. He then asked me if i wanted to file a police report or what. I told him that I didn't as I wasn't bothered about it and they're only college kids mainly 16 so i put it down to ignorance.

 

In March 2013 this year we've had two new staff members as two left who work as youth mentors next to me. Basically since then staff members have been getting odd texts which appear to be from another staff member but aren't saying they've been sacked etc. I was also victim to this and almost fell for it, luckily our work noticed and text us all so I realised. My work never found out who was doing it but had a meeting advising everyone to be careful and as a result they moved all staff files from a public area to a secure area.

 

Today I got called into a meeting all of a sudden at work with the head of youth mentoring and head of staff. They asked me to recall the racism incident in December and pulled out the feedback forms which has racist comments on them. They then pulled out feedback forms I had signed as part of my contract and another's mentors feedback form which had been modified and extra words added on it. They told me that all 3 pieces of documents looked like they were my writing (scribbly) and could I explain this.

i told them that I was extremely offended that they would imply I had been modifying documents and more importantly the pens we all use to write with are the same and shared between students and ourselves because we have limited supplies and I had not been writing or modifying anything and had no reason too. Furthermore the way of the writing ie: the way the a's and g's were wrote on the racism form seemed totally different to mine. They noted this and I told them just because someone has scribbly writing and mine is also does not mean that this is the same person. They then said to me on that basis I wrote '&' on a sheet and the last mentor's work that had been modified also had an '&' on.

So they put to me that no racism ever happened, I was lieing and secretly unhappy with my job and decided to falisify feedback documents, feedback sheets and was so dumb I used the same pen, same writing style and letters and words. They then ever said that next year my re-application for this job should be suggested that 'it won't go to the same person'.

To be honest I was pretty upset as I haven't done the above things and they told me that they have sought advice from their 'HR lawyer in the university' and that she hasn't actually seen the documents but her advice is to suspend me. I will be paid for days i worked that's it.

 

I feel this is really unfair espically when the feedback forms are left in a open environment on a desk where students can get them or staff and i did put this to them. However i feel i've been unfairly treated here espically suggesting and implying that I won't get the job next year if I re-apply. The thing that annonyed me about that is that they had someone last year who re-worked here so necessarily that wasn't a fair statement.

 

I just wondered what can I do? what are my rights? have they acted fairly? Could i ask that if they want to speak to me further that I have a lawyer there?

 

If anyone could let me know that would be fantastic as at the end of the whole meeting I was pretty upset as i really enjoy teaching these children and giving something back..

[Emmzzi]

well, there's no such job as an HR lawyer. There's HR or a lawyer.

 

Suspension is a neutral act. Ask for the reasons for the suspension in writing. If I were cheeky I might also ask if it is true that following a suspension you may not be rehired given you have done nothing wrong. Just so HR know what rubbish the manager is talking.

 

No, you can't have a lawyer at an investigatory meeting; actually you can't have anyone there. if it goes to disciplinary you can have a union rep or colleague.

[Brownguy53]

Hi Emzzi,

 

Sorry for the reply to be honest after all of it i feel terrible and **** and depressed now. It's just awful to be accused of something you haven't done and it has upset me so thats why my reply was so slow. You know i put my own time and money into this job and the kids, sometimes the kids and the student union couldn't afford resources and I paid for it myself because I really felt we were helping the students union but they don't seem to care.

I should re-iterate the 'top head of youth development' who is basically the top manager..then there was his temporary replacement for the role as he's been convering someone else at another campus.. he was the one who made the comment that he's asked the top woman in HR and she's a 'top hr lawyer' apparently according to him and she has said that I should be suspended pending investigation.

And quite rightly i was told what you said I can't have anyone there.

 

However the way the top manager put it was..'just a suggestion too..Next year we want to make sure the youth mentor role is given to everyone with a equal opportunity and really we don't want the same people doing the job again'..so to me this basically implied you won't get the job again even though you've reapplied. but this made no sense to me as one of the mentors who works in the same role now had worked there from ast year so..I felt like this was aimed more at me if you understand? Then when the other manager (his temporary replacement) went to get his stuff..she said even though we cancelled your shifts..we'll still pay you for 4 days so don't worry and i'm sure you'll find a job next year can't you? That implied to me she already knows/knew that I won't get the job again.

[Emmzzi]

Hi, it is rotten when something like this happens, you take as long as you need to read and think about things!

 

Top people in HR are rarely lawyers. We'd make much more money just doing law and have less stress! However the advise to suspend (with pay I hope!) is correct. You do that if there is anything that needs a look at. All normal.

 

I can't really help with the seeing into the future but I do know if you worry about all the what ifs in life you are going to go spare!

[Brownguy53]

Thanks emmzzi well like I said to them both- i believe in justice so I will let you investigate and i hope you discover that I'm not actually annonyed at students or have anything against the job and it's most likely alot of this has been overlooked. Hopefully they said I should know very soon what their decision is but i may have to meet with HR. The thing I ddin't like is the way they kept saying to me that i'm welcome to resign before hand and I have a legal right to.

[Emmzzi]

and you just keep ignoring that!

 

Are you a member of the union? (if not PLEASE join one as soon as this is over with!)

[Emmzzi]

well now I am confused. you are a guy here, you are a girl on another forum, and your replies to two different sets fo responses are near identical.

 

I don't cut and paste my replies to things, maybe you shouldn't either.

 

I would also suggest you are going to be very easily identifiable from your posts and maybe editing them to remove specific quotes is a plan.

 

Most university's HR departments know their stuff.

[Brownguy53]

Sorry Emzzi I haven't been disregarding you by posting copying and pasted messages. My Gf has posted over on MSE forums and just been copying it from here. I'll tell her not to do this then as I don't want to get into any trouble. So far i have ignored it in terms of those things being said by management..so yh

[Brownguy53]

Also I never really got the option to join a students union..or pay a fee to join one as such..maybe its because i was part time i mean am really not sure..so I'm not as far as am aware..

[Emmzzi]

you find one and pay them money.. not a student union if you are working. more like Unite for example. you don't need to wait to be asked!

[Brownguy53]

I see so i can just go and join?

[Emmzzi]

yes, if it is a union who represents people in your line of work. but usually they won't take on a case already in progress, which is why I said for the next job

[Brownguy53]

I see..yeah I think they quoted me something like £4 a month for cover..someone told my gf on MSE that the university can dismiss me on any grounds they see fit because i'm not on a permanent contract..is this true? And if so am I better just resigning? I only have 3 weeks left on my contract anyway? And i've thought hardly about this and this job is a part time job i do alongside my degree.next year ill be doing my 3rd year anyway..and I earn £3000 a year from this job..I could probably earn that anyway if I got another job tbf..I'm just thinking with the circumstances even if i keep my job these staff may always have a grudge against me? The only awkward issue is that the staff are part of my university too..:s

[Madhatter1]

If you have 3 weeks left on your contract I would be looking for other employment. They may actually believe you have done said things, Becuase if they want you out the door they would simply wait until your contract ended and not renew it, It would save them a lot of time and effort. Also a bit of cash as they should be paying you while you are suspended. You should receive the exact amount you normally recieve.

 

So if I was in your boots, I would take this free time off and look for other employment. Getting paid to look for a job cant be a bad thing.

 

If you want to fight this so you can apply for your contract to be renewed, go along with the process and just answers all the questions with the truth. As like I said, I beleive they are doing things by the book and maybe you have an incompetent manager who is not looking at it the way it should be. This is suggested by the things he is saying to you ie "Our Hr lawyers" and his blatant lies.

 

Remember I am in no way qualified in theses sort of things, Im just giving you advice to what I would do myself.

 

I wish you the best of luck in your future endeavours whatever that may be

[Brownguy53]

Thanks

[stu007]

Hi Brownguy53

 

Now you mention the Staff Files were in stored in a Public Area before being moved to a Secure Area were said Feedback forms in a Public or Secure Area?

 

Could any other Staff Member have easy access to these Forms.

 

Is there CCTV at all?

[altobelli]

Suspension isn't necessarily a neutral act, it must be fair and proportional.

 

Has the person who had made the accusations against you been suspended too? If not, why not?

[Emmzzi]

Suspension isn't necessarily a neutral act, it must be fair and proportional.

 

Has the person who had made the accusations against you been suspended too? If not, why not?

 

what would you suspend them for? it's an investigation not a grievance and would be wholly inappropriate.

[altobelli]

what would you suspend them for? it's an investigation not a grievance and would be wholly inappropriate.

 

For the obvious reason. An accusation has been made which has been denied. Therefore there is a dispute. It would be 'wholly inappropriate' not to suspend both parties to a dispute if any suspensions take place and 'wholly inappropriate' to suggest suspending only one party.

 

Suspension isn't necessarily a neutral act, it must be fair and proportional. In my view suspension of anyone is unecessary here, it is a knee jerk reaction. But if one party to the dispute is suspended, then both parties must be, otherwise the employer's action is inherently unfair.

 

If I was the OP I would write to the employer, someone senior (not HR), and request that the suspension be lifted or that the person making the accusation be suspended too. Otherwise any fair investigation is a non-starter.

[Emmzzi]

For the obvious reason.

 

Not at all an obvious reason, and not a good reason. But then you do have a history of posting disproportionate responses to suspensions.

[altobelli]

Not at all an obvious reason, and not a good reason. But then you do have a history of posting disproportionate responses to suspensions.

 

And you have a history of disagreeing with with anyone who doesn't share you pro-HR point of view. If you can't see why treating two parties to a dispute equitably while an investigation is taking place is obvious and good, there's not much I can say to you, but I just feel sorry for anyone you're involved in investigating.

 

Its the suspensions themselves which are disproportionate, not my responses.

 

If you want to discuss my views on suspensions or any of my previous postings I'm happy to do so, but I suggest you start a new thread, beacause your noise is a distraction to the OP and doesn't give a good impression of the forum.

 

Brownguy53, feel free to have a look at my previous postings, I don't feel my responses to be at all disproportionate. But also look at Emmzzi's - there is some good advice there, but also a large amount of pro-employer and pro-HR bias.

 

My advice to you would still be to query the suspension and why it was only applied to you.

[Emmzzi]

And you have a history of disagreeing with with anyone who doesn't share you pro-HR point of view. If you can't see why treating two parties to a dispute equitably while an investigation is taking place is obvious and good, there's not much I can say to you, but I just feel sorry for anyone you're involved in investigating.

 

 

 

There is only one party involved and it isn't a dispute. It's some evidence they are investigating.

[altobelli]

There is only one party involved and it isn't a dispute. It's some evidence they are investigating.

 

No, someone has accused the OP of writing the comments himself. The OP disputes this. So there is a dispute.

 

I don't feel that suspension is necessary for either party, but if one party to the dispute is suspended then both should be. Otherwise the suspension cannot be neutral and is inherently unfair.

[Emmzzi]

I think you are suggesting they suspend the investigating manager.

[altobelli]

I think you are suggesting they suspend the investigating manager.

 

Whoever raised the allegation against the OP.