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Fact finding question


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Hi lads and ladies i'm new here so first a quick HI!

 

Now a quick question I'm a union rep so like to play with facts not hearsay and tales.

 

Ok the question.

 

A guy/lady is called in for an investigatory meeting on suspicion of X/Y. At this meeting they are not suspended and then a few days later get called back in front of the boss who subsequently fires the person.

 

Now it's an understanding that if someone has not been suspended and gone to disciplinary the employer should not / cannot then dismiss?

 

However, others say they have not suspended someone from work and then dismissed them without the suspension?

 

So who is right? Should a person be suspended prior to disciplinary and dismissal, as you would assume that if a person were sacked it would be serious enough to warrant suspension?

 

Or can an employer keep someone at work without suspending then dismiss them after say 5 days?

 

Just an interesting scenario that came up in conversation.

 

Cheers Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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My take on it is that yes they can keep the person in work (i.e. not suspended) then sack them.

 

However, to do so would be extremely silly thing to do from business point of view. Suspending someone pending an outcome of a disciplinary is there to protect the company from any potentially unwarranted actions continuing. Not suspending would be very foolish by the company, but that would be it.

 

However, this is only my opinion. Those with more knowledge on this might disagree.

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not enough detail - depends n length of service and nature of the offence

 

does your union not offer guidance on this?

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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The simple answer is that there's no legal requirement to suspend an employee pending a gross misconduct dismissal. However, if I personally suspected an employee of committing a gross misconduct offence, I would want them out of the business ASAP!

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Please forgive any information or opinion, I may give

 

I am not looking at any case laws here I will leave that to you guys that is i'm assuming what you guys do here?

 

I base my information on previous experience and 30+ years of working and union knowledge.

 

Opinions are like A holes we all have one, sometimes we need a tissue to wipe away what comes out, but hey if well meaning. then guidance is always a more constructive route. :|

 

My experience/s may not be in line with others experiences? Or do not fall in with advice based on case laws. So, as not to get into a ongoing debate which deflects from the support you guys are giving I will leave the advice to you guys.

 

I posted up originally a fact finding thread and got involved in other threads due to personal and professional experience/s and though hey maybe I can help.

 

Now my own thread has been answered, I will leave you guys to the good work and pop back when I need some guidance and support from you good people.

 

Regards, Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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Cheers for the information the question was based on a broad scope and not confined to any particular situation Emmzzi, it came up in conversation between one of our reps and a statement made back to him by the personnel manager that union rep was not me by the way but I found the discussion interesting as the union rep stated he had checked his information via ACAS so got me thinking that's all :-D

 

Regads, Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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BTW Emmzzi CAG Toolbar is not compatible with Firefox 31.0. I'ts telling me I thought you may like to know.

 

Cheers for all your advice guys

 

Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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Hi which threads where they you have joined? PS whilst this is question is broad based and may be classed as theoretical i am aware of this happening so thought I would clarify the issue as a practical scenario. I'm sorry if it however, breached any site rules.

 

Regards Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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basically suspension not necessary but summary dismissal only lawful under certain circumstances and still can be appealed. Employer should always use ACAS disciplinary procedure guidelines as a minimum otherwise they will need to spend quite a bit on lawyers.

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My experience/s may not be in line with others experiences? Or do not fall in with advice based on case laws. So, as not to get into a ongoing debate which deflects from the support you guys are giving I will leave the advice to you guys.

 

I posted up originally a fact finding thread and got involved in other threads due to personal and professional experience/s and though hey maybe I can help.

 

Now my own thread has been answered, I will leave you guys to the good work and pop back when I need some guidance and support from you good people.

 

 

Don't be chased away Bill! You probably can offer a lot of help - not lest the emotional support people need when going through a hard time. I myself am rubbsh at that - I ted to be able to help by seeing things from an emploer perspective - but am not strong in other areas.

 

We do tend to be as precise as we can on legal issues as people make decisions with big reprecussions based on it. Just takes a bit of time to get into the habit of fact checking first vs memory as the law does change. But I am sure you are fit for that!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Cheers My weakness is I tend to jump right in due to the fact that with most things in my life I have been chucked in at the deep end :whoo:

Ill keep on in here and will love to get some links that can help me develop further

 

Regards, Bill

All information given above is purely my own opinion. Some based on personal experience. Where backed up by case files I will make that known. However, until then please take all of what I say with a pinch of salt and accept it only as a reference. :madgrin::madgrin::madgrin:

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Please do feel welcome on CAG and feel free to contribute based on your experience - the more the merrier!

 

Contributing opinions is fine. If you are not 100% sure whether something is factually accurate, just mention that it is only an opinion so that the person reading your post knows they need to double check for themselves.

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