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nicurro

Suspended from work

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Hi ,

My daughter has been suspended from work , whe she was told tgat she was being suspended the employer said that we are suspending you until we decide what to do with you.

This to me implies that the employer has already decided that she needs to be disciplined before investigating the matter impartially.

The reason for suspension was not given but she was told to not discuss the matter with other workers.

Since working at the place she has been unfairly treated and has also been threatened by other staff members with no action being taken. Should she raise a grievance ?

In the employer handbook there is no mention of the process for suspension as suspension is not even in the disciplinary code.

 

Any advice appreciated

 

Nic

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Being suspended is not a form of punishment in any way

It is a neutral act that will allow any investigation to progress

And not allow the situation to get any worse

 

Do not contact any work colleagues in any way wile this is underway


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi ,

My daughter has been suspended from work , whe she was told tgat she was being suspended the employer said that we are suspending you until we decide what to do with you.

This to me implies that the employer has already decided that she needs to be disciplined before investigating the matter impartially.

The reason for suspension was not given but she was told to not discuss the matter with other workers.

Since working at the place she has been unfairly treated and has also been threatened by other staff members with no action being taken. Should she raise a grievance ?

In the employer handbook there is no mention of the process for suspension as suspension is not even in the disciplinary code.

 

Any advice appreciated

 

Nic

 

Others have already replied that suspension is a neutral act.

I agree, provided it is "suspension with pay".

 

If the employer needs to de-escalate any situation and investigate, and suspension with pay is part of their routine 'custom & practice' ; in what way:

A) has your daughter been treated unfairly?,

B) "Lost out" / suffered harm?

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How long has your daughter worked for this employer? Has there been any previous disciplinary action? What exactly is she supposed to have done wrong?


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How long has your daughter worked for this employer? Has there been any previous disciplinary action? What exactly is she supposed to have done wrong?

 

Hi ,

She has worked there over two years. No previous disciplinary action.

She is suspended because she lost her temper in the heat of the moment , she had been told by a supervisor not to raise her voice at her when she was not speaking to the supervisor then another member of staff made a comment making the situation worse.

When she was on her break she was told that they wanted her in the office straight away, she was on the phone at the time and still angry & upset she swore.

Just before she was suspended the Manager had asked said that they wanted to help her as they knew she wasn't happy, then they suspended her about 20minutes later after she had left the first meeting.

Some of the unfair treatment is that a manager heard another member of staff swear but took no action , managers using cctv to laugh at her after she had an accident and was took to hospital and other incidents where staff had made her feel like an outsider with the Managers knowing this. There are also other incidents over the past two years.

 

Nic

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Hi ,

She has worked there over two years. No previous disciplinary action.

She is suspended because she lost her temper in the heat of the moment , she had been told by a supervisor not to raise her voice at her when she was not speaking to the supervisor then another member of staff made a comment making the situation worse.

When she was on her break she was told that they wanted her in the office straight away, she was on the phone at the time and still angry & upset she swore.

Just before she was suspended the Manager had asked said that they wanted to help her as they knew she wasn't happy, then they suspended her about 20minutes later after she had left the first meeting.

Some of the unfair treatment is that a manager heard another member of staff swear but took no action , managers using cctv to laugh at her after she had an accident and was took to hospital and other incidents where staff had made her feel like an outsider with the Managers knowing this. There are also other incidents over the past two years.

 

Nic

 

If she was swearing and angry : suspension (with pay) seems entirely reasonable.

 

Has she brought the previous incidents up? Raised grievance(s) over them?

If not, bringing them up now looks like "trying to get the retaliation in first" now she is facing a disciplinary.

How does she intend to answer if they say "If the previous alleged incidents were so serious - why did you not bring them up at the time?"

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This is the first job my daughter has had and it is a zero hours contract, if she had brought the issues up then she would not get any hours so no job. People on zero hours will put up with alot through fear of losing what work they get.

She has told managers about some of the issues but nothing gets sorted out.

She works as much as possible and goes to college also.

 

She has asked for meetings with HR as she has no confidence in the managers due to previous matters not being dealt with but they are nit helping to arrange this. She has been asking for months now and still no further forward.

 

Nic

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If your daughter has been working a regular amount of hours over a 13 week period then the job should be re-classifed at that amount of hours rather than permanently be left on a zero hour contract. That is something that needs to be looked at.

 

Take all her weekly hours over the period she has been working and work out whether she should be properly employed at X amount of hours. If this is the case then this could be highlighted to the management as well.

 

If your daughter has not mentioned previous incidents to the management team how can she reasonably expect them to have investigated them?

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If your daughter has been working a regular amount of hours over a 13 week period then the job should be re-classifed at that amount of hours rather than permanently be left on a zero hour contract. That is something that needs to be looked at.

 

Take all her weekly hours over the period she has been working and work out whether she should be properly employed at X amount of hours. If this is the case then this could be highlighted to the management as well.

 

If your daughter has not mentioned previous incidents to the management team how can she reasonably expect them to have investigated them?

 

As I said in my previous posts she has made management aware but nothing has been done.

Do all employers re-classify zero hours contracts ??

 

Nic

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no, but the law does so the employer doesnt really have a leg to stand on. Same with holiday pay.

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As I said in my previous posts she has made management aware but nothing has been done.

Do all employers re-classify zero hours contracts ??

 

Nic

 

No, and there is no legal requirement for them to do so. I'm not sure where this 13 week point has come from! Ultimately if the zero hours contract is correctly drafted then it can continue indefinitely. Best practice would be to remove the contract at the point that hours become regular and certain, but it would be likely to take longer than 13 weeks to determine that.

 

As stated previously, suspension is a neutral act. Might be worth getting some legal advice as to her employment status though and whether the contract is legally sufficient, the reason being that individuals engaged on true zero hours contracts are viewed as workers and not employees and therefore cannot claim unfair dismissal! However most zero hours contracts aren't drafted properly so she may be ok.

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