Suspended on spurious grounds

[tonyp1969]

Hi,

 

 

I have been suspended from work after I made a complaint about my manager, basically I had to be investigated for being late to work, on the day in question I was very unwell and couldn't get the bus due to having no money, I walked to work and was a little late.

 

My manager sent an email to the person doing the investigation stating that I am a confrontational person and the person doing the investigation should have a witness present for their own protection. This email was shown to me and I naturally complained as it is a slanderous email and it suggests I would get violent towards a colleague. I complained to the senior manager regarding this email.

 

The senior manager visited me and suspended me on the grounds of a complaint that came in from a member of public about a month ago. There has been no investigation into the complaint and I haven't been suspended awaiting disciplinary action.

 

In my job I have had lots of complaints from members of the public, being a civil enforcement officer it is a common occurrence, but as complaints are usually just from disgruntled people and never anything serious, which is the case this time, I have never been suspended before. These complaints are always investigated first.

 

I believe I am going to be sacked of spurious grounds to avoid the issue of my manager and the slanderous comments made about me.

 

Do I walk? Do I allow the sacking and appeal? Should I escalate this with HR before it reaches any of these stages? I am unsure what to do here. Employment tribunal?

 

Thanks for any advice you can give

Tony

Edited October 27, 2015 by honeybee13

[honeybee13]

Hello and welcome to CAG. The forum guys should be along with advice over the course of the day.

 

I've popped a few paragraphs into your post to make it easier for the advisers to read.

 

My best, HB

[honeybee13]

Hello again. Do you work for a local council?

 

HB

[tonyp1969]

No I work for a contractor.

Should I name them?

[honeybee13]

No need at this time, keep it confidential.

 

Do you have your contract of employment handy? If so, does it mention disciplinary procedures? And are they paying you?

 

HB

[tonyp1969]

I am getting paid whilst on suspension. I have to dig out my handbook of employment.

 

Let me advise you of some precedents.

I have had far more serious complaints made about me, I was never suspended.

My colleagues have had complaints and found guilty of misconduct and they were not suspended, just given a discussion.

 

2 colleagues smashed up a company vehicle racing against each other and laughed about it, not suspended and given a written warning.

 

I have a minor complaint and have been suspended and I believe I will be dismissed. I also believe that this is to avoid having to investigate the manager who sent the slanderous and demeaning email.

I am very upset by this turn of events.

 

Should I go above the senior managers head at this point and go to HR or wait until I have been sacked?

Edited October 27, 2015 by honeybee13

[honeybee13]

Thank you for the extra information. I see one of the forum regulars is hovering, maybe they can answer your questions.

 

HB

[SabreSheep]

Hi

 

Just a few points and a q that may h elp steer advisers.

 

How long have you worked for your employer?

 

Also you need to focus on your case only at this time. That means prepare for the investigation. Going over peoples head at this stage will only agitate matters.

 

Also as hard as it will be to hear, other peoples issues are not relevant to your case at hand.

[Emmzzi]

I would probably write a letter asking for confirmation of why you are suspended and take it from there.

[obiter dictum]

Civil Enforcement Officer???

 

I take it by that you are a Traffic Warden like a plumber is a sanitary engineer??

 

I think complaints doing that job are an Occupational Hazard

 

Suspension is quite common if an employer believes the employee might further bring the company into disrepute of interfere with work colleagues or members of the public with an ongoing investigation. You are being paid while under suspension so are not being put at a disadvantage.

 

If the employer believes on the balance of probabilities you are resoponsible for any allegation made then dismissal is a possibility under Gross Misconduct. All the employer has to show is that they followed the minimum disciplinary measures set by ACAS.

 

It seems to me your management team have serious concerns with how you interact with staff and members of the public when put under pressure (Confrontational) for which the employer has a statutory duty of care. Under this situation complaints do not have to be investigated first and suspension will be just and proportional.

 

You going around stating managers are making slanderous comments does not help either until the disciplinary process has been concluded and any appeal process if necessary instigated.

Edited October 27, 2015 by obiter dictum

[tonyp1969]

Please read original post, the complaint is a month old and they only decided to suspend me after I complained about a manager, I believe they are trying to brush the complaint under the carpet.

[Guest topcat14]

Hi Tony,

 

As someone else has asked....how long have you been in your current employment? The answer to some of your questions lies in the time you have been in this employment and will determine how your employer may react next

 

Suspension is in no way a penalty that would deem you guilty of a procedure or policy. You are being paid so I would await your employers next move before doing anything. I am sure they will give you a full explanation for your suspension shortly and of course you have a right to answer any allegations during the investigation via an interview by the person conducting it.

[tonyp1969]

I have been with the company for nearly 4 years, never had any disciplinary action taken.

[Emmzzi]

Please read original post, the complaint is a month old and they only decided to suspend me after I complained about a manager, I believe they are trying to brush the complaint under the carpet.

 

 

 

that's not a valid suspension reason, which is why I suggest you write for a confirmation of why you are suspended

[tonyp1969]

I am suspended for a member of public complaint, however this complaint was made a month ago.

I put in a complaint about a manager and was suspended 1/2 hour later on the grounds of the member of public complaint.

Do you see what I am saying here?

[Emmzzi]

I am suspended for a member of public complaint, however this complaint was made a month ago.

I put in a complaint about a manager and was suspended 1/2 hour later on the grounds of the member of public complaint.

Do you see what I am saying here?

 

 

Of course; I am not stupid

 

I can also see that it is not what you originally said

 

And that your tone, to someone trying to assist, is unneccessarily confrontational

 

So my next question is, are you quite sure there is nothing in it, that you may be perceived as quite aggressive?

 

In terms of what I would do - nothing. Sit tight, keep taking the money, find another job. I assume you are not in a union.

 

If they want you out - you'll be going. The measure is "what a reasonable employer would do" not "have they been fair to everyone." And that bar is set quite low.

[Guest topcat14]

Your length of employment affords you stronger protection and therefore you should not be instantly dismissed for the reasons you have stated, ie there is a process that the company should follow. Have you got a copy of the employee handbook? If not ask for one and that will have the company procedures regarding Disciplinary and Grievance issues. I must stress, YOU must follow the procedures as much as they should, it may become an issue further down the line if you do not.

 

You complained about the email, but have the company acknowledged your complaint and said they will investigate the issue? It should be treated as a separate issue to the original investigation, assuming you feel strongly about it.

 

All other points regarding Tribunals etc are a long way off yet, you are still under contract.

[tonyp1969]

If they want you out - you'll be going. The measure is "what a reasonable employer would do" not "have they been fair to everyone." And that bar is set quite low.

 

 

Can I ask what "and that bar is set quite low" means?

[obiter dictum]

The employer only has to have reasonable suspicion on the balance of probability unlike criminal beyond all reasonable doubt to dismiss through the disciplinary process. (Gross misconduct)

 

You have had an allegation of being confrontational to a member of the public, even management are saying to have a second person when doing disciplinary interviews for their own protection.

 

That is two independent sources stating you have a habit of being confrontational

 

If i was the employer i would be thinking are you the sort of person to represent my company to the public, especially if an incident happened and the local press get involved

 

There are estabished procedures in place to deal with issues such as this through the companies own disciplinary procedure.

Edited October 28, 2015 by obiter dictum

[tonyp1969]

The senior manager is refusing to acknowledge the complaint I made, It was made in writing via email. I sent a copy of it to myself as well. Good job really as they have disabled my work email account.

Is there anything I can do about this? I have forwarded the complaint to him again from my personal email.

[obiter dictum]

You have to send it to HR direct and head the letter

 

Official Grievance instigating the Employers Grievance procedure

[finaldj]

I have to agree with some on here no point at this stage writing a complaint to the S.Manager.

 

Instead they have to provide all paper work of allegations against you in a time dated order with at least 5-7 working days notice I believe? from the date they want to do any disciplinary meetings. If you aren't in a Union you can take someone with you or if there is a possibility at this stage I would join one now.

 

I think you could also get some advice from Acas as well they might be able to help you in this situation but don't quote me on that. With regards to this email it is something you could take into a meeting with you with all relevant information for your defence.

 

At this moment in time you need to avoid any and all contact with the company and anyone associated with it unless told otherwise as you could make problems even worse for yourself.

[obiter dictum]

They can give a minimum of 48 hours advance notice of a formal disciplinary meenting if they wish, not 5-7 days and must be in writing

 

As long as they include what you have been charged with, if possible dismissal may result and your right to be accompanied by a Trade Union rep or work colleague

Edited November 1, 2015 by obiter dictum

[Guest topcat14]

You have to send it to HR direct and head the letter

 

Official Grievance instigating the Employers Grievance procedure

 

 

The OP has been asked to get sight of his employers procedures via the employee handbook. This document will tell him what the procedures are for his employer.

 

Your statement above may not be true for his particular circumstances.

[obiter dictum]

The OP has been asked to get sight of his employers procedures via the employee handbook. This document will tell him what the procedures are for his employer.

 

Your statement above may not be true for his particular circumstances.

 

I must disagree

 

He has already submited a grievance to his manager that has been ignored and discarded, HR is the next logical step in the chain of command within the business

 

You do not have to follow the employers grievance procedure as long as you follow the ACAS procedure which sets the minimum standards an employer has to follow with disciplinary matters

 

It has been known for employers to drag out grievance procedures to "Time out" any claim to the Tribunal service during the qualifying period

 

 

If things ever get to a Tribunal the court will expect a paper trail for any pre- action protocol prior to any claim

Edited November 1, 2015 by obiter dictum