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Hi can anyone help me please.

I have been on a work suspension for nearly a year now with pay.

 

My question is would I be able to go for constructive dismissal as I have applied for few other jobs..

I have just had my investagtion meeting 11months later and have to wait again now on a decision if it goes to disciplinary action.

I don't feel I could even go back to this job now anyway after waiting this length of time.

 

Many thanks for listening

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Can you provide a brief history of what has happened and what you are alleged to have done ?

 

Are you member of a union ? If so, get advice from your Union.

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hello,

 

 

have you put in a greivance about the length of time? how long does your policy suggest it should take?


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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A year off on full pay???

A lot of people would have started working cash in hand and save up for rainy days.

Sounds like a shamble to me, otherwise they would have sorted it a long time ago.

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Hi can anyone help me please. I have been on a work suspension for nearly a year now with pay. My question is would I be able to go for constructive dismissal as I have applied for few other jobs..I have just had my investagtion meeting 11months later and have to wait again now on a decision if it goes to disciplinary action. I don't feel I could even go back to this job now anyway after waiting this length of time.

Many thanks for listening

 

Constructive dismissal is very difficult to win I wouldn't advise anyone to go down that route If you have to then get a lawyer You definitely can't do it on your own

 

However, I don't see why you wish to leave

 

The company has taken too long in investigating the case They have weakened their position If I were you, I would take on some short courses and do other things that I fancy till they call me back

 

However, you need to maintain contact with your company A judge could look at it that you were profiting from the company's failure to deal with the issue speedily Just maintain contact so as to counter that

 

Get in touch with your union as someone suggested

Edited by honeybee13
Paras

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Hi sorry only noticing replies as not really sure how to use site..

A fraud allegation was made against me by a co worker which I am completely innocent of but as it's a large company had to be taken seriously naturally..

 

I am not in a union and just received my investagtion meeting 2 w3 weeks ago and have just received the notes from meeting for me to sign as a correct record of meeting.

 

I attended meeting on my own..

they are away now to talk to witnesses I mentioned..

the accusation report had been drawn up on January and they only called me to give my story 3 weeks ago.

 

9 months later..

I have been sending them emails constantly in the last year and been given the run around.

 

Thanks for all your help as this has totally shattered me in past year.

It's hard to focus on anything else with this hanging over my head..

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I also have a second job within the company cleaning but as I am not allowed to talk to anyone in the first job that suspended from it would have been to difficult to go to my second job so doctor put me off with stress from this job.

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Not in a union. It's a fraud allegation. Report was sent to police who decided against taking it on so it's being dealt with as a work disciplinary now.

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Didn't you gather any evidence yourself to prove your innocence?

 

Remember that a disciplinary hearing is not a court of law, so they could dismiss you even if they have 1% evidence against you.

 

I won't advice to do the following, but this is what happened a few years ago to a colleague working at the counter.

He was accused of stealing and suspended.

 

When he received the allegations in writing he reported himself to the police for theft.

It took a bit of convincing to get a reference number followed by a statement taken a few days later.

 

The police got in touch with the company and invited them to the police station.

They never attended and re-instated the colleague.

 

He got a long winded written apology and the manager who accused him said he shouldn't have gone to the police.

The manager was moved to another store, my colleague worked at the counter until he retired.

HR erased these allegations from his file upon request.

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Crossed posts.

So the police already said there's no fraud (Or not enough evidence?)

One in your favour.

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Report was sent to police by my place of work but police wouldn't take anything to do with it and now it's just a work investigation..

 

I have given my answers to explain how I have not did anything wrong .

I just feel it would be hard to go back to this job now as I've lost respect for them and wondering what my next move should be to get it sorted.

 

Work policy states a brief period of precautionary suspension may be imposed..

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As you don't want to go back, best thing to do is to go silent and continue cashing in your salary.

At one point they'll realise you're getting paid to stay home and they'll sort this out.

Then, whether they dismiss you or you leave, they've got to give you all your holidays that you continue accruing while suspended.

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Get what you're saying king12345 but I would definately be taking them for unfair dismissal if gets to disciplinary as I have working here for 16 years with an unblemished record.

 

I have been offered another job with another company and won't be able to accept this offer if situation not sorted in next month so was trying to find best way to get it resolved

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1. why don't you just resign and take the new job?

 

2. to have a chance in hell of UD you need to have exhausted internal processes and you don't seem to have put in a grievance, in writing?

 

Sending emails for updates is not sending in a formal grievance.


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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Get what your saying king12345 but I would definately be taking them for unfair dismissal if gets to disciplinary as I have worked here for 16 years with an unblemished record. I have been offered another job with another company and won't be able to accept this offer if situation not sorted in next month so was trying to find best way to get it resolved

 

Don't you like free money?

If you are bored at home, ask the new company to take you on as a volunteer with token payments which won't go through the normal process, so in other words officially you would still be employed by the previous company.

 

Maybe you don't want to let them know what's going on, but I wouldn't leave a job that is paying me without working.

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Don't want to just walk away and let them away with treating me in this way when I've been there 16 years. Guess I'm just going to let them them go through there procedures and do a compromise agreement with them if it's pursued to disciplinary stage.

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You're already punishing them by taking your salary in exchange for nothing.

Let them carry on for as long as they want.

Then there are a million loopholes to delay the hearing and potential dismissal.

Overall you could be looking at a very long time on full pay for staying at home.

That's what I call milking.

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Yes get what your saying but would seriously just like it resolved one way or another as with it hanging over my head as I said it's hard not to think about and longer it goes on folk start to presume your guilty which I don't like.

 

.I'm just hoping there delay is to prove my innocence and not to try and build a case on me..

 

..reckon it would be very hard for them to let me return after this length of time

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Don't want to just walk away and let them away with treating me in this way when I've been there 16 years. Guess I'm just going to let them them go through there procedures and do a compromise agreement with them if it's pursued to disciplinary stage.

 

There is no reason I can see for the company to offer you a settlement agreement, and it sounds like you'll be missing out on an opportunity.

 

Why can't you resign again? I don't think you said.


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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I could resign but why should I if i would win a unfair dismissal claim as they have not followed correct procedures by taking so long to deal with the investagation..i would be walking away from 16 years redundancy if walked away.

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Currently you will not win an UD case because you have not exhausted internal procedures ie raised a grevance. I am not sure why you cannot accept that.

 

They could still dismiss for fraud - they only need a reasonable belief, not absolute proof - much lower bar than the police.

 

"fair" and "legal" are in no way the same thing.

 

Why should you walk away?

 

To stop yourself becoming even more bitter.

This is not a redundancy situation.

The job still exists.

 

By the way has the doctor also signed you off sick from your second job for almost a year?

I'd be close to dismissal for capability by now.


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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I also have a second job within the company cleaning but as I am not allowed to talk to anyone in the first job that suspended from it would have been to difficult to go to my second job so doctor put me off with stress from this job.

 

 

 

 

"Not being able to talk to people" is not an illness. Is that really why the GP signed you off? How is your stress being treated? Is that job managing you under a capabilty procedure and/or paying sick pay?


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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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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Yes doctor has me out for stress on second job and also company doctor confirmed this and said I wouldn't be back until they sorted out the issue with 1st job that suspended from. Get company sick pay for second job. When I say I can't speak to anyone I mean that I have been told I am not allowed to communicate with the other workers while on suspension and investagtion taking place. Suspension is meant to be for brief a time as policy and meant to be reviewed regularly and keep me informed of progress which they have failed to do reason I believe I have a case for constructive dismissal but I know going down that route dosent clear me of the allegation

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cross post see links I have posted above. However as you are not minded to listen, I will withdraw at this point.


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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