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Suspended pending an investigation - urgent need of advice as I am at a loss.


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I have been working at [company name removed] Glasgow since September and, since the very day I set foot in this company, I have been lied to, misled, treated as if I was nothing. Double standard is very rampant in this place.

 

But today they crossed a line that upset me very much.

 

I realised this morning that my bag was moved without my knowledge and without my consent. I did not know where it was moved to and I began to worry about being stolen.

 

I always put my bag at the same place every morning, like everyone else at my workplace (including my team leaders and managers). I have a locker but it is too small to put my bag in it.

 

I made a strong written complaint to my supervisor regarding the displacement of my personal belonging at work. the operation manager assistant asked to have a word with me. He then told me the following :

 

- my email to him was out of place,

- he asserted that if my bag is too big or my locker, I had to bring a smaller bag,

- he said literally "when your bag is on my "floor", I can do whatever I want with it" (the fact that he said "I" instead of "the company" and "my floor " instead of "the company floor" distressed me and intimidating a lot),

- He then was unable to tell me who displace my bag.

 

I became very upset. I told him I disagree with him. I pointed to him that all the staff on the floor leave their bag at the same spot as mine. some staff bring large suicase and leave them at the same spot as mine. After my bag was removed from the spot, other people put their bag at the very same spot and they did not encounter any issue.

 

I told him that if the company wanted me to move my personal property, they simply had to come and see and notify me of their request

 

I told him that if the company wants me to put my bag at a specific place, they should inform me and every other member of the staff in an informal way.

 

It came to a point when I felt that I was talking to a wall, I just stood up, told him that there was no point continuing this discussion and I left (i was very upset and I was shivering at this point).

I felt like he had absolute power over me and my property. I felt threatened.

 

I went to complain to my direct team leader and ask her to talk to him about what happened and that I was very unhappy about the situation.

 

The operation manager assistant later asked me to come again for a talk, this time in a meeting room.

 

Once I came to the meeting room, I find myself facing him and another supervisor. He then stated that he was starting an investigation about my behaviour. I felt like I was been ambushed.

 

He told me that my behaviour was threatening. I asked him towards who. He said nobody in particular, which was a contradiction. I asked him how my behaviour was threatening as I left the discussion.

 

If my behaviour was so threatening, why did they not call security ? Why did they not call the police ?

 

I requested several time to have my direct team leader present so I would not be alone during the discussion. They finally agreed to bring her.

 

I explained to him that I had felt very much distressed by his attitude towards me and I had felt threatened. Especially since I have had a long history of grievance about abuse of power and failure of the company to communicate properly and effectively with the staff.

 

I explained to him all the issues of the past and the several instances (pointing the fact that despite talking about those issue with my team leaders and sending several email, nothing was done).

 

I have been suspended with full pay until the end of the investigation and he told me that i can face disciplinary.

 

I am distress of the fact that, after the incident, he was the one handling the start of the investigation, despite an obvious conflict of interest. During that situation, I have been unable to speak to HR despite strenuously requesting to.

 

I was escorted out of the building as if I was a common criminal.

My work email have been rescinded despite the fact that this was my only channel of communication with the company. I don't have any contact from the company to who I can talk to except a mobile phone number from a HR I tried to reach without success.

 

I feel very lost and don't know what to do. Any advice please. Sorry about this long post which may looked confused. But I am in a state of panic and I do not know who to turn to or what to do.

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I have removed the company name in your first paragraph. Expressing opinions on an open forum and naming the company could easily lead to further trouble :-)

 

The important thing to do now is to try and think rationally about whether you wish to remain with this company. Suspension is a neutral act, and doesn't automatically lead to dismissal, however it must also be pointed out that having only worked there since September, you do not have many rights. There is certainly nothing I can see in your post which puts you in a strong position. That isn't to say that you are not entirely justified in your dispute - it seems that you are on the end of an egotistical and possibly bullying manager - but in very simple terms, there is a limit to what you can do.

 

Write down in bullet points what happened and when. Who heard the confrontation with the supervisor?

 

I would consider making a formal grievance about the way that you feel you were treated, but this should be delivered in a rational manner, setting out what happened and why you felt that your treatment was inappropriate. The grievance should take precedence over any possible disciplinary action and should be heard by somebody other than the supervisor that you are complaining about. You need to explain that you were distressed that you believed your bag to have been stolen and you did not feel that this was being addressed.

 

I am concerned that you appear to mention a history of complaints and mention raising issues of abuse of power etc in the past. Without two years service, the employer could well be seeing this latest incident as a reason to let you go. It may be the worst employer in the world, but that does not necessarily mean that you can do anything unless they act unlawfully and unfortunately they may well be able to dress this episode up as insubordination and dismiss you. If you want to continue working there it may well be you who has to apologise and back down, however a grievance may well serve to let them know that there are two sides to this - especially if it gives somebody more senior a chance to look at it.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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This is one of those times I would say bring in a union rep for sure if you were a union member.

 

However without membership, I would definitely make use of your right to be accompanied. At no time should you go into a meeting with the manager on your own.

 

Alas unless there is a breach of The Single Equality Act your position is weaker than it used to be.

 

Out of curiosity, you mentioned briefcases were allowed to be placed in the same spot. Are all the other people that are leaving their bags and possessions Male? And can you prove it if they did. Its a long stretch but if you are being treated less favorable then the male members of your team then this is absolutely something I would raise.

 

BUT ONLY if you can prove it.

 

Another thing.

 

Request copies of the notes taken in the investigatory to help you prepare. NEVER sign notes that you are not satisfied are accurate. Also remember if they do not make changes to the notes then sign "under duress"

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thank you for your answers. Today I have had to think about what happened and i was able to draft a more detailed account of what occurred yesterday and which I have included below. Apologies for this long reply but I felt it necessary to clarify the matter :

 

On Wednesday 13 may 2014, following the advice of My Team Leader, I sent an email to my Line manager about an incident that occurred with my personal belonging.

 

I explained that I always put my bag at the same area every morning, like everyone else (including our team leaders and managers, if I am not mistaken). This bag is my private property. The company has no right touching or moving my personal property without my consent or knowledge.

 

I explained that I would gladly put my bag in my locker but the locker is too small for my bag to get in. Everyone else is putting their bags in very same area and some members of staff even bring large bags and suitcases there. There never has been any issue before.

 

Nevertheless, I explained that I would have gladly moved my bag if I have been asked to which they failed to do. They did not make an announcement asking who this bag belonged to ; they did not send an email asking that same question ; they did not come to see me. They decided it was all right to simply move the bag.

 

I explained that my personal belongings are sacred to me and I consider an assault on my belongings as an assault on my person by extension.

 

At to this point I have been unable to ascertain who exactly moved my bag and for what reason. All I know is that it did not represent any breach or any danger to the safety or the security to the floor or persons. It was not obstructing anything, it was not in the middle of the way or causing a danger of tripping over.

 

Upon receiving my email, My Line Manager invited me for a talk. He told me in an accusatory tone that he did not appreciate my strong email and there was no need for it. I replied that I felt I was justified in sending it as I felt that my rights had been violated. He told me that he does not care that my bag is too big for my locker and it is my responsibility to get a smaller bag to fit in my locker, even though it is clear that every other members of the staff are doing the same thing as me regarding their belongings. I expressed that I felt there was some double standards going on.

If I was forced to put from now on my bag in my locker, I requested that a written communication be sent to every member of the staff to follow the same directive.

 

At this point his tone changed. He became portentous and I became aware the the was not anymore speaking on behalf of the company but for himself. He literally said : “As long as your bag is in my building, on my floor, I can do whatever I want with it.”

He told me that my bag was moved by my team leader and I suspected it was a lie.

I became very upset and I know that from this moment on it was hopeless to continue the discussion. The full weight of his authority was on me. I felt that he had absolute power over my belongings and over me. I was starting to shiver. I stood up, told me that I would not continue this discussion and went back to my desk.

 

I spoke to My Team Leader at the fist opportunity. I told her of what happened with My Line Manager and that I was very shaken as a result. She confirmed to me that she did not moved my bag. I asked her to speak to My Line Manager because I was extremely worried about the situation.

 

Later on, My Line Manager came back to me and, unapologetically invited me for a further discussion in the meeting room. When we arrived in the room, another team leader was there and I realized that I was now facing two person of authority and I was on my own. My Line Manager informed me that he was starting an investigation about my earlier behaviour and that I was being suspended.

 

He said that my previous behaviour had been threatening. I asked him towards who. he first replied that towards no one. I then retorted that according to the english Dictionary, the definition of “threatening” is as follows :

 

having a hostile or deliberately frightening quality or manner,

causing someone to feel vulnerable or at risk,

state one's intention to take hostile action against somebody else,

-express one's intention to harm, etc...

 

I pointed out a a threatening behavior is always directed to someone and that his statement did not make any sense.

 

He finally said that he had felt threatened by my earlier behaviour.

 

However, on that earlier occurrence, he did not specify to me that my behavior was threatening, he did not ask me to leave and he did not leave or attempt to leave. He did not ask for someone else assistance despite the fact that this previous discussion occurred on the floor, next to at least 20 other people. He did not call security. He did not call the police.

 

In all logic, he would have done one or several of those things if my behaviour had really been threatening towards him.

 

In fact his body language was telling another story. His body was oozing with confidence. In short, I was under the impression that, master of his element, he was running the show, under the mantle of authority.

 

I am the one who felt under duress. I am the one who left the discussion and returned to my desk. I am the one who complained to my team leader having been shaken by the exchange.

 

I then pointed out that there was no one present to support me or represent me while I was facing two accusers. I really felt that they, especially My Line Manager, were judge, jury and executioner.

 

I felt that I have been railroaded.

 

HR should be conducting a non bias investigation to determine what happen in this situation.

 

I asked to speak to HR, it was denied. I had to request, several time to have someone in the room with me as I was becoming extremely uneasy. I requested that My Team Leader be present before proceeding further.

 

During this second discussion, My Line Manager continued to master of his element. In a blatant instance of conflict of interest, he was directing the procedure and my request to speak to HR was still denied.

His attitude was that of a prosecutor and I felt that I was being cross examined.

 

I told him I did not appreciate that he said, during our first discussion, with arrogance and condescension : “As long as your bag is in my building, on my floor, I can do whatever I want with it.”. I found his tone and what he said utterly ominous.

 

He denied having said that. In short, he implied that I was a liar.

 

At one moment, before proceeding, in all contradiction with his claim that I was threatening, he offered to fetch me tea, coffee or a glass of water.

 

I strongly believe that if I did feel threatened by anyone, I would never offer that person a refreshment.

 

I renewed my wish to speak to HR. He then told me that he needed to consult HR and left the room.

 

He came back to the room about one hour later. He confirmed that I was being suspended (with full pay) and that I had to leave immediately. I was to be escorted out of the building.

 

I was expecting that he would then called the security to escort me out.

 

However he was the one, the very person I allegedly threatened with my behaviour, who, remaining in control of the entire situation, escorted me out of the building.

 

He gave me at that very time the mobile phone number of a HR representative.

 

His attitude was absolutely, in no way and at not time, consistent with his claim that he felt threatened by me.

 

I phone today this HR representative and mentioned my intention to raise a grievance against this line manager. She told me that if I decided to follow this course, they willl have to cease paying me during my suspension. So in short, If I chose to take action to defend myself I will find myself under financial duress.

 

 

What is your point of view of this ?

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I was in a situation not unlike your own after being assigned a new manager. We had a number of disagreements not unlike your own and I raised a grievance. Another member of staff also raised a grievance about similar issues and couple of other staff left - one without a job to go to.

I took a few days off sick and on returning to work was asked to attend a meeting to decide whether I should be dismissed. I did not attend as I did not know what the case against me was and I was then sacked for not attending. The reason given was a breakdown of relationship.

I took this to employment tribunal. The employer used a barrister who argued that they had a fair reason under 'some other substantial reason' and the employment judge just ate out of his hand.

It is right to fight bullying and your line manager will be ticked off as a result of this.

But just don't expect any justice for yourself.

That silly organisation does not deserve you and it's their loss.

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  • 2 weeks later...
I was in a situation not unlike your own after being assigned a new manager. We had a number of disagreements not unlike your own and I raised a grievance. Another member of staff also raised a grievance about similar issues and couple of other staff left - one without a job to go to.

I took a few days off sick and on returning to work was asked to attend a meeting to decide whether I should be dismissed. I did not attend as I did not know what the case against me was and I was then sacked for not attending. The reason given was a breakdown of relationship.

I took this to employment tribunal. The employer used a barrister who argued that they had a fair reason under 'some other substantial reason' and the employment judge just ate out of his hand.

It is right to fight bullying and your line manager will be ticked off as a result of this.

But just don't expect any justice for yourself.

That silly organisation does not deserve you and it's their loss.

 

Follow up to my case. I send last week a grievance letter and document regarding the incident against my manager (sent it next day delivery). I had my disciplinary meeting today. The person who dealt with the disciplinary meeting hasn't read the Grievance document I sent.

I was dismissed today following the meeting and I said that I want to appeal. They refused to give me the information on how to appeal.

 

What can I do ?

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You appeal anyway. Write a formal letter of appeal setting out in simple terms why you feel that you have been treated unfairly.

 

Have you been given written reasons for your dismissal?

 

As previously stated I don't hold out too much hope due to your limited length of service - and for that reason they can get away with not following the correct procedure, but you never know.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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